Pakistan's internet shutdowns face legal uncertainty, PTA calls for ministry guidance

Islamabad [Pakistan], January 2 (ANI): The chairman of the Pakistan Telecommunication Authority (PTA) has acknowledged that restricting internet access falls into a 'legal grey area' and urged the ministries of law and interior to provide clarification on its legality.
During a briefing to the Senate Standing Committee on Information Technology on Wednesday, retired Maj-Gen Hafeezur Rehman stated that internet shutdowns have been occurring since 2016, and it is only recently that their legality has been questioned, Dawn reported.
He further mentioned that the ministries of law and interior need to issue a conclusive legal opinion on the issue. During the meeting, committee members interrogated the head of the telecom regulator regarding the practice of shutting down internet services, especially when ordered by the Ministry of Interior.
Senators Kamran Murtaza and Humayun Mohmand raised concerns about the legal framework surrounding the blocking of internet services and social media platforms. Senator Murtaza questioned the legality of these actions, inquiring about the law that grants the PTA the authority to block the internet.
The PTA chairman replied that the rules permit the Ministry of Interior to instruct the regulator to block content or services, but he emphasized that the law does not specifically address the blocking of internet services in any particular region. Senator Murtaza stated that the parliamentary committee should be presented with a clear legal framework for such actions.
The committee chairman, Senator Palwasha Khan, also voiced significant concerns about the slow internet speeds throughout Pakistan and the legal uncertainties surrounding internet shutdowns and content blocking. The committee was told that expanding the fiber optic cable network was the sole solution to enhance internet speed.
According to the report the committee was informed that it is the government's responsibility to ensure the expansion of fiber networks. Rehman also acknowledged that internet speeds would remain slow unless substantial improvements were made to the digital infrastructure. He stressed that the growth of fiber optic networks referred to as "fiberisation," is crucial for enhancing internet speed.
Senator Khan emphasised the immediate need for improved digital infrastructure, especially the expansion of fiber optic networks, to tackle the problem of slow internet speeds.
When questioned about restrictions on Virtual Private Networks (VPNs), the PTA chairman clarified that he had not authorised their shutdown.
He added that the regulator began the process of registering VPN service providers on December 19, and two companies have already applied for licenses. The regulator has introduced a new licensing category for service providers to tackle the issue of what officials refer to as unregistered VPNs. Any proxies not provided by licensed companies would be considered unregistered and blocked.
By working with licensed service providers, authorities would be able to monitor VPN traffic, as the anonymity offered by proxy networks has been a major concern for the authorities.
The plan proposes that local companies, governed by Pakistan's laws, licensing terms, and regulatory rules, will offer proxy services to users. This will allow the regulator to have greater control over these companies, unlike the current situation where most VPN providers are foreign firms.
This will give the regulator more control over these companies, in contrast to the current situation where the majority of VPN providers are foreign-based.
The committee was also updated on PTA's efforts to regulate social media content. Mr. Rehman mentioned that the PTA receives approximately 500 complaints daily regarding harmful or illegal content on social media platforms. "We are in constant communication with social media companies to block harmful content, but there is still a considerable gap in enforcement," the PTA chairman stated.
The committee also urged the need for clear legal guidelines on internet governance, content blocking, and the roles of government agencies in managing digital services. (ANI)