At the outset, it should be established that the freedom of expression has been enshrined in the Constitution of Pakistan.[1] The Constitution also states that every citizen has the right to access information from public bodies.[2] Both these rights, however, have been made subject to certain restrictions related to the security of the nation.
The Pakistani nation has been experiencing varying degrees of internet outage, ranging from partial disruptions to complete shutdowns. Coincidentally, on the days when the internet had been made unavailable, a political party might have scheduled to host virtual campaign events as the general election (GE) in the country had been approaching in February.
This article will delve into two crucial aspects that arise as a consequence of such shutdowns:
- The right to conduct a fair campaign; and
- The impact on a civilian’s right of expression and the ability to access information from public bodies and the internet.
Before the Election
On 3 distinct days—17th December 2023,[3] 07th January 2024[4] and 20th January 2024—[5] Pakistan experienced internet disruptions concurrent with a virtual political rally hosted by a specific party. Article 17 of the Constitution of the Islamic Republic of Pakistan explicitly safeguards the right to vote and contest elections.[6] Notably, this fundamental right aligns with international commitments and has been enshrined in the International Covenant on Civil and Political Rights (ICCPR)[7] to which Pakistan acceded and ratified in 2010.[8] This underscores Pakistan’s adherence to international standards regarding the protection and promotion of civil and political rights, particularly in the context of democratic processes and electoral participation.
Consequently, it can be argued that the interruption of internet services during opponents’ campaign impedes their ability to connect with voters, thereby undermining their prospects of participating in a fair electoral process and potentially infringing upon constitutional rights.
Debates on various forums have posited that such occurrences have not been mere coincidences but deliberate tactics employed by the incumbent government to impede the campaign of the aforementioned party.
It is also worth noting at this juncture that X (previously known as Twitter) has also been blocked since February 2024. The Ministry of Interior cited 2 reasons for this ban:
- national security concerns; and
- X‘s refusal to comply with government requests to remove content it considered harmful and unlawful.[9]
The Prevention of Electronic Crimes Act (PECA), 2016 states that the Pakistan Telecommunication Authority (PTA) has the power to remove or block access to any information online if it believes this is necessary for various reasons. These include:
- protecting the glory of Islam;
- maintaining the integrity, security or defence of Pakistan; and
- preserving public order, decency or morality.
- Moreover, the Authority can act to prevent contempt of court or stop the commission of, or incitement to, any crime under this law.
In essence, this means that the Authority can censor or restrict online content to uphold these standards and protections.
The Human Rights Watch characterizes the present political landscape in Pakistan as one where the incumbent government has continued the trend of stifling opposing viewpoints in the media, non-governmental organizations and the political opposition, mirroring the tactics of its predecessor. This involves the recurrent use of severe counterterrorism and sedition laws by the authorities to intimidate individuals expressing peaceful criticism.[10]
Moreover, the Human Rights Council of Pakistan, in an online post, stated the following:
“Suspension of Internet and other source of communication is a violation of international law. Suspension of internet services is also a violation of fundamental rights. Slowing down of internet service and blocking of social media websites to prevent political activities in Pakistan is unfortunate. HRC Pakistan believes that all political parties have the right to carry out their activities. In the context of elections, all political parties should get the basic right of freedom of expression. It is the responsibility of the government of Pakistan to uphold the fundamental rights.”[11]
It is imperative to note that a petition had been filed in the honourable High Court of Sindh by an independent candidate affiliated with the political party directly or indirectly affected by the outage. The honourable court issued a stay order on 29th January 2024, stating the following:
“[The] respondents are directed to ensure that unless the provision of Section 8 and Section 54 of the Pakistan Telecommunication (Re-Organisation) Act, 1996, read with Rule 5 of Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules 2021, are attracted, there shall be no disruption and shutting down of mobile internet and broadband services…”
These laws empower the government to direct the PTA to monitor calls in the interest of national security. During emergencies or war, the government has the priority to use communication systems and can alter or suspend licenses, potentially compensating affected companies.
On the other hand, it should be acknowledged that the representative of the caretaker government attributed the internet shutdowns to technical difficulties.[12] It was additionally stated that the glitches might continue for the next two to three months.[13]
In summary, unless the government can provide sufficient justification to the courts and the citizens for the necessity of disrupting the internet, it is obligated to comply with the stay order during the election cycle, particularly in the province of Sindh.
Election Day and Post-Voting
08th February 2024 saw the turnout of 60.6 million[14] Pakistani voters at the polling stations. That day, not surprisingly, the incumbent government shut down the internet,[15] as had been hinted at by the government the day prior.[16] Cutting off access to the internet and mobile services created hindrance for people trying to exercise their voting rights effectively. Voters had a difficult time arranging transport to reach polling stations or coordinating with others for the same purpose.[17]
One of the most important points, in my view, was that the closure restricted citizens’ ability to reach out to independent news outlets and social media networks, thereby complicating their access to a wide range of viewpoints and verified election-related updates. These circumstances might have impacted their capacity to develop well-informed viewpoints. Furthermore, the cessation of internet services might have served as a means to suppress government or electoral process critique. With the absence of online platforms facilitating expression, citizens might have been dissuaded from expressing concerns or reporting any election-related issues they encountered.
The issue of internet suspension was raised not only on the national stage but also at an international level. The U.S. Department of State remarked that the elections had been held under restrictions on the freedoms of expression.[18] The European Council, in its press release, stated the following:
“We regret the lack of a level playing field due to the inability of some political actors to contest the elections, restrictions to freedom of assembly, freedom of expression both online and offline, restrictions of access to the internet, as well as allegations of severe interference in the electoral process, including arrests of political activists.”[19]
It should be noted that the Sindh High Court (SHC) on 21st February 2024, while continuing to hear the petition on the same topic, remarked, “Why are you making a spectacle of yourself in front of the world?”[20] The PTA representative during the hearing claimed that the services had to be shut down due to security concerns. However, Justice Aqeel Abbasi, the Chief Justice of SHC, stated that ‘a joke was made by shutting down the entire country’. SHC ordered the federal government to submit a response over the suspension. The entirety of this interaction between the SHC and PTA elucidates the judiciary’s endeavour to uphold the fundamental rights of citizens. However, it unmistakably underscores that despite the SHC’s directive against suspension, the decision implemented by the authorities not only affected the populace but also cast doubt upon the fairness of the electoral process.
The National Firewall
The country has plunged into new chaos with the announcement of a ‘firewall’ to be installed nationwide under the guise of cybersecurity measures.[21] A firewall allows the inspection and surveillance of incoming and outgoing traffic from your device and can also control what goes in or out.[22] While the law that establishes and defines the powers of PTA does not explicitly allow PTA to install such infrastructure or frameworks, it does direct PTA to perform all such actions that the federal government directs it to do.[23] It should be noted that this particular firewall will be able to not only track ‘controversial material’ but also track the location from which it is being shared.[24] We can only assume the intention of the state at this point regarding the installation of such a measure. It could be to combat terrorism, racism, sectarian hatred, cyber threats and other crimes, or it could be to suppress anti-state rhetoric or what might now be even called ‘defamation’ under the new Punjab Defamation Act of 2024.[25] One might even say that this firewall resembles the firewall installed in China. The recent disruption of WhatsApp services has also been alleged to be due to the testing and installation of the firewall as it has been found that the disruption has been limited to Pakistan only and not affected by global operations.[26]
If that was not enough, news reflects that the PTA also plans on regulating, if not outright banning, virtual private networks (VPNs) in the country.[27] Citizens, including political representatives allegedly responsible for X (formerly Twitter) being banned, have been regularly posting and engaging on the website using VPNs to bypass the ban. In a report published by Top10VPN, Pakistan saw a 131% increase in demand for VPNs post 19th February 2024.[28] The fact that citizens have opted to work around the ban demonstrates their feelings towards this matter and how important this platform is to them and their individual and collective voices.
Conclusion
The recurring internet shutdowns in Pakistan, especially during significant political events and virtual rallies, severely undermine the democratic process by impeding political parties’ ability to conduct fair campaigns. PECA empowers the PTA to block access to information under broad criteria such as national security. However, the suspicious timing of these shutdowns suggests that they may be politically motivated, aimed at silencing opposition voices and limiting public access to diverse viewpoints. This practice not only disrupts political engagement but also infringes upon the citizens’ constitutional rights to free expression and information access, essential components of a healthy democracy.
In conclusion, the impact of internet disruption extends beyond the immediate political landscape, posing a severe threat to the fundamental right of expression in Pakistan. The installation of a national firewall and potential bans on VPNs further exacerbate this issue, leading to increased censorship and surveillance. These actions, combined with ongoing restrictions on social media platforms, paint a troubling picture of a nation where dissent is systematically silenced. As the international community and local judiciary call for accountability, it remains crucial for Pakistan to align its practices with its constitutional guarantees and international commitments and protect the democratic rights of its citizens.
References
[1] Article 19’, The Constitution of the Islamic Republic of Pakistan (National Assembly 1973)
[2] Ibid. Article 19A
[3] Dawn.com, ‘Social Media Platforms across Pakistan Face Disruption amid PTI’s Virtual Gathering: Netblocks’ (DAWN.COM, 17 December 2023) <https://www.dawn.com/news/1798656>
[4] Junaidi I, ‘Internet Outages Hit PTI’s Bid to Launch Manifesto’ (DAWN.COM, 8 January 2024) <https://www.dawn.com/news/1803983>
[5] Dawn.com, ‘Nationwide Disruption to Social Media Platforms amid PTI Virtual Event: Netblocks’ (DAWN.COM, 20 January 2024) <https://www.dawn.com/news/1807328/nationwide-disruption-to-social-media-platforms-amid-pti-virtual-event-netblocks>
[6] ‘Article 17’, The Constitution of the Islamic Republic of Pakistan (National Assembly 1973)
[7] ‘Article 25’, The International Covenant on Civil and Political Rights 1976
[8] (4. International Covenant on Civil and Political Rights – United Nations) <https://treaties.un.org/doc/Publication/MTDSG/Volume%20I/Chapter%20IV/IV-4.en.pdf>
[9] Aziz F, ‘The Ministry of (DIS)Information and the Ban on X’ (DAWN.COM, 25 April 2024) <https://www.dawn.com/news/1828972>
[10] ‘Pakistan’ (Pakistan | Country Page | World | Human Rights Watch, 11 April 2023) <https://www.hrw.org/asia/pakistan>
[11] Human Rights Council of Pakistan (@HRCPakistan), “Suspension of Internet…”, Twitter, 07 January 2024, https://twitter.com/HRCPakistan/status/1743996962360483938
[12] ——, ‘Govt Blames “technical” Issues, System Installations for Recent Internet Outages’ (DAWN.COM, 22 January 2024) <https://www.dawn.com/news/1807771>
[13] Report S, ‘Recent Internet Outages Due to “Technical Issues, System Installations”: Solangi’ Pakistan Today
[14] Desk BW, ‘Elections 2024: Voter Turnout at 47.6%, 60.6Mn People Exercised Right to Vote on Feb 8, Says Fafen’ (Brecorder, 14 February 2024) <https://www.brecorder.com/news/40288829/elections-2024-with-476-voter-turnout-606mn-people-exercised-their-right-to-vote-on-february-8-fafen>
[15] Al Jazeera, ‘“Inherently Undemocratic”: Pakistan Suspends Mobile Services on Voting Day’ (Al Jazeera, 8 February 2024) <https://www.aljazeera.com/news/2024/2/8/inherently-undemocratic-pakistan-suspends-mobile- services-on-voting-day>
[16] Tanoli I, ‘Govt Hints at Shutting down Internet over “security” Issue’ (DAWN.COM, 7 February 2024) <https://www.dawn.com/news/1811775>
[17] Tan Y, Davies C and Fraser S, ‘Pakistan Elections 2024: Polls Close in Vote Marred by Mobile Shutdown’ (BBC News, 8 February 2024) <https://www.bbc.com/news/world-asia-68226228>
[18] Miller M, ‘Elections in Pakistan – United States Department of State’ (U.S. Department of State, 9 February 2024) <https://www.state.gov/elections-in-pakistan/>
[19] Stano P, ‘Pakistan: Statement by the High Representative on Behalf Of …’ (Council of the European Union, 9 February 2024) <https://www.consilium.europa.eu/en/press/press-releases/2024/02/09/pakistan-statement-by-the-high-representative-on-behalf-of-the-european-union-on-the-general-elections>
[20] Tanoli I, ‘SHC Expresses Displeasure, Seeks Reasons for Suspension of Internet Services on Election Day’ (DAWN.COM, 21 February 2024) <https://www.dawn.com/news/1816019/shc-expresses-displeasure-seeks- reasons-for-suspension-of-internet-services-on-election-day>
[21] Desk W, ‘Govt to Install “firewall” to Control Social Media’ (ARY NEWS, 11 June 2024) <https://arynews.tv/pakistan-govt-to-install-firewall-to-control-social-media/>
[22] ‘Microsoft’ (Microsoft Support) <https://support.microsoft.com/en-us/office/what-is-a-firewall-6870c88d-69b6-4db4-9cb1-0e4afa7a8603>
[23] Pakistan Telecommunication (Re-Organization) Act, 1996, Section 4(1)(h)
[24] Rajput SK, ‘Rights: The Great Firewall of Pakistan’ (DAWN.COM, 21 July 2024) <https://www.dawn.com/news/1847040>
[25] Punjab Defamation Act, 2024, Section 2(1)(h)
[26]Aziz. F, ‘What Kind of “Firewall”?’ (DAWN.COM, 2 August 2024) <https://www.dawn.com/news/1849512>
[27] Desk W, ‘PTA Plans to “block” Vpns across Pakistan’ (ARY NEWS, 2 August 2024) <https://arynews.tv/pta-plans-to-block-vpns-across-pakistan/>
[28] Migliano S, ‘VPN Demand Statistics: VPN Demand Surges around the World’ (Top10VPN, 2 August 2024) <https://www.top10vpn.com/research/vpn-demand-statistics/>
The views expressed in this article are those of the author and do not necessarily represent the views of CourtingTheLaw.com or any other organization with which she might be associated.
