Here is a short analysis of some of the key concerns with specific sections of the Removal and Blocking of Online Content Rules 2020.
#SocialMediaRules
#PECA
The definition section of the rules defines what and on whom the rules will be applied.
#SocialMediaRules
#PECA
One of the most dangerous sections; without distinguishing between falsehoods, factual information and opinions, this section creates the basis for a blanket block of any content that can make anyone think less of the government or public servants.
#SocialMediaRules
#PECA
A section that is likely to push global companies out. Not a good omen for the #DigitalPakistan promise.
#SocialMediaRules
#PECA
Does everyone you know seems decency in the same way? This section gives PTA and its team powers to define what decency is!
#SocialMediaRules
#PECA
Be careful of what you sing, recite or 'utter' online, it may just be illegal now.
#SocialMediaRules
#PECA
Why is this data being collected? How would it secured? For what purposes would it be used? And by whom? Nobody knows.
#SocialMediaRules
#PECA
Six to twenty four hours to comply with any instructions by PTA would be a stretch for local companies, let alone for global. Creating a non conducive environment for big tech is likely to impact Pakistan's own digital economy. #SocialMediaRules
#PECA
The Parliament didn't give PTA this right; so the government did, through the Rules.
#SocialMediaRules
#PECA
Rules of any sort are supposed to remain within the ambit provided by the law, these Rules do not just go above and beyond the power accorded by PECA, but are in actual contradiction of the parent law. #SocialMediaRules
#PECA
This is an invitation for private companies to deploy invasive monitoring mechanisms and proactively censoring content; threatening both freedom of expression and privacy.
#SocialMediaRules
#PECA
Another section privatising censorship, threatening freedom of expression and access to information rights guaranteed under the constitution.
#SocialMediaRules
#PECA
PTA doesn't have the Authority to register international companies; this extends the powers given to PTA under PECA and PT Act.
#SocialMediaRules
#PECA
A country where mobile and Internet have to be shut down in the Capital, at the threat of radical violence cannot expect international companies to comply with an order that can potentially put them at risk of physical violence. #SocialMediaRules
#PECA
Another clause that is likely to face resistance from international companies & remains of questionable intent.
#SocialMediaRules
#PECA
A provision that allows PTA to access our WhatsApp conversations. This side steps the process for data access set in PECA & allows PTA to directly ask social media companies for consumer data that can be provided to FIA without judicidial involvement. #SocialMediaRules
#PECA
Not only is this privatisation of censorship, but also a threat to citizen's privacy. This is also a technical nightmare and likely to push global companies out of Pakistan.
#SocialMediaRules
#PECA
A new penalty, that isn't defined in the parent law, cannot be created through the rules. This is illegal, ultra vires and an attempt by the government to enter the domain that is only the Parliaments'
#SocialMediaRules
#PECA
The secrecy around the Rules lends weight to concerns about intent and transparency
#SocialMediaRules
#PECA

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More from @mmfd_Pak

14 Feb
Citizens’ Protection (against online harm) Rules 2020 appear to be a continuation of the governments’ successive attempts to “tame” media and the Internet,& are a direct threat to Pakistan’s digital economy and the citizens’ rights to freedom of expression and privacy 🧵
1/
Section 4(2) of Rules holds “the interpretation or permissibility of any online content, by the Authority or National Coordinator” supreme - demonstrating the attempt to centralise control of the digital eco system which is anti-democratic & threatens the democratic progress
2/
The responsibilities of Social Media Companies as defined in the Rules are impractical and non-responsive to the realities of the global digital media market. It is highly unlikely that any of the social media giants, would agree to comply with these rules.
3/
Read 12 tweets

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