PAKISTAN
Since March 2002, last amended in April 2007
Pillar Content access |
Sub-pillar Restrictions on online advertising
Pakistan Electronic Media Regulatory Authority Ordinance 2002
According to Art. 27 of the Pakistan Electronic Media Regulatory Authority (PEMRA) Ordinance, advertisement is prohibited when it is considered to distort historical facts, traditions of Pakistan or the person or personality of a national leader or a state dignitary; to glorify non-Islamic values; to be directed against the sanctity of home, family, and marriage; to contain indecent, vulgar, or offensive themes or treatment; or contains material that is repugnant to the ideology of Pakistan or Islamic values. Moreover, the Pakistan Electronic Media Regulatory Authority (PEMRA) has prohibited the broadcast of advertisements produced in India or featuring Indian actors and characters. It is reported that the ban on the airing of Indian ads remains in place till the time the advertisement is replaced by those produced in Pakistan and featuring Pakistani actors and talent.
Coverage Online advertising
Sources
- https://web.archive.org/web/20240920221040/https://www.dawn.com/news/1499677
- https://web.archive.org/web/20230402123029/https://brandequity.economictimes.indiatimes.com/news/advertising/pakistan-bans-advertisements-featuring-indian-artists/70700064
- https://web.archive.org/web/20230628165010/https://www.lexology.com/library/detail.aspx?g=0f1fdcbe-5ec6-4742-9386-62f0ca6fa976
- https://web.archive.org/web/20180619055357/http://www.wipo.int/edocs/lexdocs/laws/en/pk/pk087en.pdf
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PAKISTAN
Since March 2002, last amended in April 2007
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Pakistan Electronic Media Regulatory Authority Ordinance 2002
Under Section 25 of the Pakistan Electronic Media Regulatory Authority Ordinance 2002, a licence is required for broadcast media and distribution services. These licences cannot be granted to:
- A person who is not a citizen of Pakistan or a resident of Pakistan;
- A foreign company organised under the laws of any foreign government;
- A company the majority of whose shares are owned or controlled by foreign nationals or companies whose management or control is vested in foreign nationals or companies; or
- Any person funded or sponsored by a foreign government or organisation.
- A person who is not a citizen of Pakistan or a resident of Pakistan;
- A foreign company organised under the laws of any foreign government;
- A company the majority of whose shares are owned or controlled by foreign nationals or companies whose management or control is vested in foreign nationals or companies; or
- Any person funded or sponsored by a foreign government or organisation.
Coverage Media and broadcasting services
PAKISTAN
Since April 1950, last amended in January 2024
Since April 2016, as amended in 2020, last amended in April 2022
Since April 2016, as amended in 2020, last amended in April 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Import ban applied on ICT goods or online services
Imports and Exports (Control) Act, 1950
Import Policy Order 2016
Import Policy Order 2016
According to Art. 5.2.a of the Import Policy Order 2016, as amended in 2020 and last amended in 2022, all products which are of Indian or Israeli origin or imported from India or Israel are banned entry into Pakistan, except therapeutic products regulated by the Drug Regulatory Authority of Pakistan. Before the 2020 amendment, only the ban was limited to imports from Israel and of Israeli origin. The Order is issued under the Imports and Exports (Control) Act 1950, last amended in 2024.
Coverage Goods of Indian or Israeli origin or imported from India or Israel
Sources
- https://web.archive.org/web/20220208162536/https://www.commerce.gov.pk/wp-content/uploads/2020/09/Import-Policy-Order-25-09-2020.pdf
- https://web.archive.org/web/20230805181339/https://www.commerce.gov.pk/wp-content/uploads/pdf/IPO-2016.pdf
- https://web.archive.org/web/20230112183731/https://www.commerce.gov.pk/wp-content/uploads/2022/04/IPO-2022-SRO-No.-545I-2022-dt.-22.4-2022.pdf
- https://web.archive.org/web/20220928021118/https://pakistancode.gov.pk/pdffiles/administrator084fe1e8bb9f566b2f0023574816a68f.pdf
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PAKISTAN
Since April 1950, last amended in January 2024
Since April 2016, last amended in April 2022
Since April 2016, last amended in April 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Import ban applied on ICT goods or online services
Imports and Exports (Control) Act, 1950
Import Policy Order 2016
Import Policy Order 2016
According to Appendix A of the Import Policy Order 2016, last amended in 2022, Pakistan has banned the import of Digital Enhanced Cordless Telecommunication (DECT) 6.0 phone discs and tapes from all countries. The Order is issued under the Imports and Exports (Control) Act 1950, last amended in 2024.
Coverage Digital Enhanced Cordless Telecommunication (DECT) 6.0 phone
Sources
- https://web.archive.org/web/20220208162536/https://www.commerce.gov.pk/wp-content/uploads/2020/09/Import-Policy-Order-25-09-2020.pdf
- https://web.archive.org/web/20230805181339/https://www.commerce.gov.pk/wp-content/uploads/pdf/IPO-2016.pdf
- https://web.archive.org/web/20230112183731/https://www.commerce.gov.pk/wp-content/uploads/2022/04/IPO-2022-SRO-No.-545I-2022-dt.-22.4-2022.pdf
- https://web.archive.org/web/20220928021118/https://pakistancode.gov.pk/pdffiles/administrator084fe1e8bb9f566b2f0023574816a68f.pdf
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PAKISTAN
Since March 2016
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Strategic Trade Policy Framework, 2015-18
According to the Strategic Trade Policy Framework (2015-2018), in order to avoid the misuse of 3D printers, they can only be imported with prior permission from the Ministry of Interior.
Coverage 3D Printers
PAKISTAN
Since April 1950, last amended in January 2024
Since April 2016, as amended in April 2022
Since April 2016, as amended in April 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Imports and Exports (Control) Act, 1950
Import Policy Order 2016
Import Policy Order 2016
According to Appendix B of the Import Policy Order 2016, as amended in 2022, only the Pakistan Television Corporation and other licensed authorities by the Federal Government are allowed to import transmission equipment used for reception, broadcast and distribution of satellite signals pertaining to the field of electronic media. Other companies that have an agreement with the government may also import these items to supply cellular and mobile phone facilities. The Order is issued under the Imports and Exports (Control) Act 1950, last amended in 2024.
Coverage Telecom equipment
Sources
- https://web.archive.org/web/20220208162536/https://www.commerce.gov.pk/wp-content/uploads/2020/09/Import-Policy-Order-25-09-2020.pdf
- https://web.archive.org/web/20230805181339/https://www.commerce.gov.pk/wp-content/uploads/pdf/IPO-2016.pdf
- https://web.archive.org/web/20230112183731/https://www.commerce.gov.pk/wp-content/uploads/2022/04/IPO-2022-SRO-No.-545I-2022-dt.-22.4-2022.pdf
- https://web.archive.org/web/20220928021118/https://pakistancode.gov.pk/pdffiles/administrator084fe1e8bb9f566b2f0023574816a68f.pdf
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PAKISTAN
Reported in 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Export restrictions on ICT goods or online services
Export ban
It is reported that Pakistan prohibits exports to India and Israel.
Coverage Horizontal
PAKISTAN
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Pakistan imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card. In addition, SIM cards cannot be activated without biometric identification
Coverage Telecommunications sector
Sources
- https://www.comparitech.com/blog/vpn-privacy/sim-card-registration-laws/#Type_of_ID_required_by_country
- https://web.archive.org/web/20230123124352/https://www.gsma.com/mobilefordevelopment/wp-content/uploads/2021/04/Digital-Identity-Access-to-Mobile-Services-and-Proof-of-Identity-2021_SPREADs.pdf
- https://web.archive.org/web/20171112100306/https://www.pta.gov.pk/en/biometric-verification
- https://web.archive.org/web/20231229062524/https://www.biometricupdate.com/202301/nadra-details-pakistans-stronger-fingerprint-biometric-system-for-sim-registration
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PAKISTAN
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
Pakistan mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
PAKISTAN
Since November 2000
Pillar Telecom infrastructure & competition |
Sub-pillar Other restrictions to operate in the telecom market
Pakistan Telecommunication Rules, 2000
According to the Pakistan Telecommunication Rules, no person shall establish, maintain or operate any telecommunications system or provide any telecommunications service unless a licence for the same has been granted to it by the Pakistan Telecommunication Authority (PTA). Pursuant to Art. 3.1, the license to provide basic telephone service cannot be granted. Still, applications may be made for the establishment, maintenance, and operation of any telecommunication system or the provision of any telecommunication service other than basic telephone service. According to Art. 4.3, in determining whether or not to grant a license, the Authority shall take into account the following factors:
- the financial and economic viability of the applicant;
- the applicant's experience in telecommunications and relevant history;
- the technical competence and experience of the applicant's management and key members of staff and local participation in the business;
- the nature of the services proposed and the viability of the applicant's business plan, including the applicant's proposed roll-out and service quality commitments and its contribution to the development of the telecommunications sector;
- the quality of the applicant's telecommunications system or network; and
- the terms of the bid made by the applicant where the license is to be issued under a competitive process.
If the PTA considers that there are any factors in relation to that application that threaten or potentially threaten national security, it may reject an application.
- the financial and economic viability of the applicant;
- the applicant's experience in telecommunications and relevant history;
- the technical competence and experience of the applicant's management and key members of staff and local participation in the business;
- the nature of the services proposed and the viability of the applicant's business plan, including the applicant's proposed roll-out and service quality commitments and its contribution to the development of the telecommunications sector;
- the quality of the applicant's telecommunications system or network; and
- the terms of the bid made by the applicant where the license is to be issued under a competitive process.
If the PTA considers that there are any factors in relation to that application that threaten or potentially threaten national security, it may reject an application.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20150320094055/http://nasirlawsite.com/laws/ptclrule.htm
- https://web.archive.org/web/20240811045000/https://www.lexology.com/library/detail.aspx?g=748f9a4a-01e6-45c3-ba76-1cd4417f8262
- https://web.archive.org/web/20230514153302/https://moitt.gov.pk/SiteImage/Misc/files/Pakistan%20telecom%20rules.pdf
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PAKISTAN
Since July 2007
Pillar Telecom infrastructure & competition |
Sub-pillar Other restrictions to operate in the telecom market
Class Value Added Services Licensing and Registration Regulation 2007 (the CVAS Regulations)
Pursuant to Art. 5 of the Class of 2007 Value Added Services Licensing and Registration Regulations, application for the grant of a Registered Services license for the provision of value-added services shall be made in the manner set forth in Schedule "A" of the Regulations. According to Art. 2, value-added services are all telecommunication services, excluding the core telecommunications services of access providers, as determined by the Authority from time to time.
Pursuant to Art. 6, the authority may grant a license or Registration Certificate to any applicant who fulfils the open, transparent, and non-discriminatory eligibility criteria given by the Authority from time to time. The Authority for providing a license shall take into account the following factors:
- the financial and economic viability of the applicant;
- the applicant's experience in telecommunications and relevant past history;
- technical competence and experience of applicant's management and key members of staff and local participation in the business; and
- the nature of the services proposed and the viability of the applicant's business plan, including its contribution to the development of the telecommunications sector.
However, the Authority may reject an application if it appears that the grant of the License or Registration Certificate shall threaten or potentially threaten national security.
Pursuant to Art. 6, the authority may grant a license or Registration Certificate to any applicant who fulfils the open, transparent, and non-discriminatory eligibility criteria given by the Authority from time to time. The Authority for providing a license shall take into account the following factors:
- the financial and economic viability of the applicant;
- the applicant's experience in telecommunications and relevant past history;
- technical competence and experience of applicant's management and key members of staff and local participation in the business; and
- the nature of the services proposed and the viability of the applicant's business plan, including its contribution to the development of the telecommunications sector.
However, the Authority may reject an application if it appears that the grant of the License or Registration Certificate shall threaten or potentially threaten national security.
Coverage Telecommunications sector
PAKISTAN
Since April 1994
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
WTO Telecom Reference Paper
Pakistan has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230921113705/https://www.wto.org/english/tratop_e/serv_e/telecom_e/sc67.pdf
- https://web.archive.org/web/20220307092617/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
- https://web.archive.org/web/20220119043046/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_highlights_commit_exempt_e.htm#country
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PAKISTAN
Since October 1996
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Pakistan Telecommunication (Re-organization) Act, 1996
(پاکستان ٹیلی کمیونیکیشن (ری آرگنائزیشن) ایکٹ 1996)
(پاکستان ٹیلی کمیونیکیشن (ری آرگنائزیشن) ایکٹ 1996)
According to the Pakistan Telecommunication (Re-organization) Act, the Pakistan Telecommunication Authority (PTA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
PAKISTAN
Reported in 2017, last reported in 2022
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Restriction on cross-border data transfers
It is reported that Pakistan prohibits data transfers to any country that it does not recognise, including Israel, Taiwan, Somaliland, Nagorno, Karabakh, Transnistria, Abkhazia, Northern Cyprus, Sahrawi Arab Democratic Republic, South Ossetia and Armenia. This list may change from time to time. Additionally, data transfers to India must be justifiable by the transferor.
Coverage Horizontal
PAKISTAN
Since 2007
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Guidelines on Outsourcing Arrangements
Under Sections 16 and 26 of the Guidelines on Outsourcing Arrangements, for outsourcing any services from an entity outside the country, it is mandatory for the banks in Pakistan to obtain the State Bank of Pakistan's prior approval. The request for such approval includes disclosures relating to data that may be transferred offshore.
Coverage Financial sector