PHILIPPINES
Since June 2022
Since March 2000, as amended in December 2021
Since March 2022
Since March 2000, as amended in December 2021
Since March 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Executive Order No. 175 Promulgating the Twelfth Regular Foreign Investment Negative List
Retail Trade Liberalization Act of 2000
Implementing Rules and Regulations of the Retail Trade Liberalization Act of 2000 as amended by Republic Act No. 11595
Retail Trade Liberalization Act of 2000
Implementing Rules and Regulations of the Retail Trade Liberalization Act of 2000 as amended by Republic Act No. 11595
According to List A of the Twelfth Regular Foreign Investment Negative List and Section 5 of the Retail Trade Liberalisation Act, as amended by Republic Act No. 11595, foreign investment in small retail enterprises is restricted to Philippine nationals. Retail trade businesses with capital below USD 500,000 are exclusively reserved for Filipino citizens. In addition, Section 3 of Rule III of the Implementing Rules and Regulations of the Retail Trade Liberalisation Act explicitly stipulates that this limitation extends to foreign retailers operating solely through online platforms.
Coverage E-commerce sector
Sources
- https://web.archive.org/web/20250108201443/https://www.officialgazette.gov.ph/downloads/2022/06jun/20220627-EO-175-RRD.pdf
- https://web.archive.org/web/20250108201506/https://www.dti.gov.ph/?sdm_process_download=1&download_id=25742
- https://web.archive.org/web/20250108201518/https://web.senate.gov.ph/republic_acts/ra%2011595.pdf
- https://web.archive.org/web/20250108201536/https://boi.gov.ph/wp-content/uploads/2022/03/IRR-of-the-Retail-Trade-Liberalization-Act-as-amended-by-RA-11595.pdf
- https://web.archive.org/web/20250106044006/https://ustr.gov/about-us/policy-offices/press-office/press-releases/2023/march/ustr-releases-2023-national-trade-estimate-report-foreign-trade-barriers
- https://web.archive.org/web/20241223212944/https://www.state.gov/reports/2023-investment-climate-statements/the-philippines/
- https://web.archive.org/web/20250108201956/https://insightplus.bakermckenzie.com/bm/mergers-acquisitions_5/philippines-philippine-department-of-trade-and-industry-issues-the-implementing-rules-and-reg...
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PAKISTAN
Reported in 2023
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is PKR 5,000 (approx. USD 20), below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
PAKISTAN
Since November 2020, as amended in October 2021
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules 2021
According to Art. 7.6 of the Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules 2021, "Significant Social Media Companies" shall: (i) appoint a grievance officer based in Pakistan; (ii) appoint a compliance officer (iii) establish an office in Pakistan with physical address preferably located in Islamabad. According to Art. 2 of the law, a Significant Social Media Company means and includes a Social Media Company 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
N/A
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection framework
Pakistan lacks a comprehesive framework for consumer protection that applies to online transactions. Nevertheless, several regional laws apply, including the Islamabad Consumer Protection Act (1995), the Khyber Pakhtunkhwa Consumer Protection Act (1997), the Balochistan Consumer Protection Act (2003), and the Punjab Consumers Protection Act (2005).
Coverage Horizontal
Sources
- https://web.archive.org/web/20220519060734/https://na.gov.pk/uploads/documents/1329725797_452.pdf
- https://web.archive.org/web/20230314201429/http://kpcode.kp.gov.pk/uploads/1997_06_THE_KHYBER_PAKHTUNKHWA_CONSUMERS_PROTECTION_ACT_1997_.pdf
- https://web.archive.org/web/20231209153407/http://nasirlawsite.com/laws/bcpa.htm
- https://faolex.fao.org/docs/pdf/pak195698.pdf
- https://web.archive.org/web/20250206173747/https://www.iiu.edu.pk/wp-content/uploads/2023/03/ILR-Vol-6-Issue-2-Article-1-280323.pdf
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PAKISTAN
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Pakistan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
PAKISTAN
Since 2002
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Pakistan has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
PAKISTAN
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Pakistan has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
PAKISTAN
Reported in 2020
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Ban on online payments for the subscription of electronic media content
It is reported that in November 2020, the Pakistan government banned online payments from India for the subscription of electronic media content as part of the capabilities offered by the Pakistan Electronic Media Regulatory Authority Ordinance 2002. In practice, this restriction impacts the provision of electronic media content.
Coverage Indian online payments
Sources
- https://web.archive.org/web/20210304110011/https://timesofindia.indiatimes.com/world/pakistan/pak-bans-online-payments-for-indian-electronic-media-content-report/articleshow/79209192.cms
- https://economictimes.indiatimes.com/news/international/world-news/pakistan-bans-online-payments-for-indian-electronic-media-content-report/articleshow/79209280.cms?from=mdr
- https://web.archive.org/web/20230930185202/http://pid.gov.pk/uploads/media_laws/Ordinance_2002.pdf
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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
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
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.
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
Sources
- https://web.archive.org/web/20240917144258/https://www.pta.gov.pk/assets/media/notification_sro_18112020.pdf
- https://web.archive.org/web/20230221224904/https://moitt.gov.pk/SiteImage/Misc/files/Removal%20Blocking%20of%20Unlawful%20Online%20Content%20Rules%202021.PDF
- https://web.archive.org/web/20230326145927/https://www.digitalrightsmonitor.pk/pta-empowered-to-block-online-speech-critical-of-government-gets-power-to-block-entire-online-systems/
- https://web.archive.org/web/20230801082330/https://www.dawn.com/news/1591187
- https://freedomhouse.org/country/pakistan/freedom-net/2023
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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.
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
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 |
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.
- 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 |
Indicator 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 |
Indicator 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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