Database

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PAKISTAN

Since November 2020, as amended in October 2021

Pillar Intermediary liability  |  Indicator Monitoring requirement
Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules 2021
According to Art. 7.5 of the Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules 2021, which repealed the 2020 Rules, "Significant Social Media Companies" have to deploy mechanisms to ensure immediate blocking of live streaming of any online content related to terrorism and hate speech, among others. According to Art. 2 of the law, a "Significant Social Media Company" includes social media companies with more than half a million users in Pakistan or is on the list specially notified by the Authority for this purpose from time to time
Coverage Internet intermediaries

PAKISTAN

Since August 2016
Since November 2020, last amended in October 2021

Pillar Content access  |  Indicator Blocking or filtering of commercial web content
Prevention of Electronic Crimes Act, 2016 (الیکٹرانک کرائم ایکٹ، 2016)

Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules 2020
In the exercise of the powers conferred by Art. 37 of the Prevention of Electronic Crimes Act of 2016 (PECA), the government published the Removal and Blocking of Unlawful Online Content (Procedure, Oversight, and Safeguards) Rules 2020. According to Art. 4 of the Rules, the online dissemination of any information that intimidates or harms the reputation of the Federal or Provincial Government or any person holding public office is regarded as a threat to the 'integrity, security, and defence of Pakistan" and is subject to removal or blocking. The Pakistan Telecommunications Authority (PTA) disclosed in January 2023 that it had blocked over 1.1 million links and websites for various legal reasons, with over 900,000 of them blocked due to concerns regarding "decency and morality." Since the PTA does not publish a publicly available list of blocked websites, information about blocking is often based on anecdotal evidence and is accessible only on a case-by-case basis.
In May 2023, the PTA implemented a nearly week-long block on Facebook, Twitter, and YouTube. Additionally, access to YouTube experienced intermittent disruptions in August and September 2022. Additionally, dating apps like Tinder, Grindr, Tagged, Skout, and SayHi have been blocked since 2020.
Coverage Online content

PAKISTAN

Reported in 2023, last reported in 2024

Pillar Content access  |  Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Pakistan for the year 2023. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
It is reported that seven internet shutdowns occurred in Pakistan in 2023. Following the arrest of Imran Khan, the former Prime Minister of Pakistan, violent protests erupted in several cities, prompting the government to order the shutdown of mobile internet services and the blocking of several social media platforms.
Coverage Horizontal

PAKISTAN

Since March 2002, last amended in April 2007

Pillar Content access  |  Indicator 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

PAKISTAN

Since March 2002, last amended in April 2007

Pillar Content access  |  Indicator 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.
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

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Import ban applied on ICT goods or online services
Imports and Exports (Control) Act, 1950

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

PAKISTAN

Since April 1950, last amended in January 2024
Since April 2016, last amended in April 2022

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Import ban applied on ICT goods or online services
Imports and Exports (Control) Act, 1950

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

PAKISTAN

Since March 2016

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator 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

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Imports and Exports (Control) Act, 1950

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

PAKISTAN

Reported in 2022

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Export restrictions on ICT goods or online services
Export ban
It is reported that Pakistan prohibits exports to India and Israel.
Coverage Horizontal

PAKISTAN

Since October 1996

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Pakistan Telecommunication (Re-organization) Act, 1996
(پاکستان ٹیلی کمیونیکیشن (ری آرگنائزیشن) ایکٹ 1996)
Under Section 29 of the Telecom Act 1996, approval by the Pakistan Telecommunication Authority (PTA) is required for any telecommunication terminal equipment that can be directly or indirectly connected with PSTN (Public Switched Telephone Network) and radio equipment. No person may install any telecommunication equipment as part of or connect terminal equipment (other than by a plug‑into‑socket connection) to any public switched network except in accordance with regulations made by the Authority. Tablet PCs with Wi-Fi-only functionality have been exempted from approval of the PTA as of the August 2015 Authority Decision.
The Pakistan Telecommunications Authority accepts foreign standard test reports as the basis for approval of most telecommunications equipment connected directly or indirectly to the PSTN (Public Switched Telephone Network) and radio equipment. The applicant for the approval may be a foreign manufacturer. It is reported that such type approval for a local manufacturer is twice as cheap (5000 PKR, approx. 48 USD) than for a foreign one (100 USD).
Coverage Telecommunication sector

PAKISTAN

Since August 2016

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Prevention of Electronic Crimes Act, 2016 (الیکٹرانک کرائم ایکٹ، 2016)
Section 31 of the Prevention of Electronic Crimes Act includes data retention provisions that make it mandatory for service providers to hold traffic data for a one-year minimum or as “authorised officers” see fit. Art. 32 states that a service provider shall, within its existing or required technical capability, retain the specified traffic data for a minimum period of one year or such period as the Authority may notify from time to time and, subject to the production of a warrant issued by the Court, provide that data to the investigation agency or the authorised officer whenever so required.
Coverage Internet services providers (ISPs)

PAKISTAN

Since August 2016

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Prevention of Electronic Crimes Act, 2016 (الیکٹرانک کرائم ایکٹ، 2016)
Section 31 of the Prevention of Electronic Crimes Act discusses “expedited preservation and acquisition of data”. It allows an authorised agent to require a person to hand over data without producing a court warrant if it is believed that it is “reasonably required” for a criminal investigation. This can be termed as a blanket authorisation provision that gives the executive direct authority to take action without any judicial oversight or scrutiny. In addition to this, no test as to what amounts to a reasonable requirement is provided in the section. This is problematic because the lack of requisite checks and balances affords the executive a discretionary power that can be used to violate fundamental rights.
Section 35 provides law enforcement officers various powers relating to information systems. One of these is a power to require any person who is in possession of “decryption information of an information system, device or data under investigation” to grant the officer access to such data, device or information system “in unencrypted or decrypted intelligible format” for the purposes of investigating the offence.
Section 39 allows for "Real-time collection and recording" of data: "[i]f a Court is satisfied on the basis of information furnished by an authorised officer that there are reasonable grounds to believe that the content of any information is reasonably required for the purposes of a specific criminal investigation, the Court may order, with respect to information held by or passing through a service provider, to a designated agency as notified under the Investigation for Fair Trial Act 2013 or any other law for the time being in force having capability to collect real-time information, to collect or record such information in real-time coordination with the investigation agency for provision in the prescribed manner."
Coverage Horizontal

PAKISTAN

Since August 2016
Since November 2020, last amended in October 2021

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Prevention of Electronic Crimes Act, 2016 (الیکٹرانک کرائم ایکٹ، 2016)

Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules 2020
The Prevention of Electronic Crimes Act (PECA) establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 38 of the PECA, there is a civil or criminal liability limitation for service providers for content posted by users unless it is proven that the service provider had “specific actual knowledge and willful intent to proactively and positively participate” in cybercrimes committed the Act. However, it is reported that the Removal and Blocking of Unlawful Online Content (Procedure, Oversight, and Safeguards) Rules 2020 passed in November 2020 create new obligations and liabilities for social media companies, which can be in contradiction of limitation of intermediary liability provisions for technology companies in PECA.
Coverage Internet intermediaries

PAKISTAN

Since August 2016
Since November 2020, last amended in October 2021

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Prevention of Electronic Crimes Act, 2016 (الیکٹرانک کرائم ایکٹ، 2016)

Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules 2020
The Prevention of Electronic Crimes Act (PECA) establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Art. 38 of the PECA, there is a civil or criminal liability limitation for service providers for content posted by users unless it is proven that the service provider had “specific actual knowledge and willful intent to proactively and positively participate” in cybercrimes committed to the Act. However, it is reported that the Removal and Blocking of Unlawful Online Content (Procedure, Oversight, and Safeguards) Rules 2020 passed in November 2020 create new obligations and liabilities for social media companies, which can be in contradiction of limitation of intermediary liability provisions for technology companies in PECA.
Coverage Internet intermediaries

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