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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PAKISTAN
Since 2007
Pillar Cross-border data policies |
Indicator 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
PAKISTAN
Since August 2016
Pillar Cross-border data policies |
Indicator Conditional flow regime
Prevention of Electronic Crimes Act, 2016 (الیکٹرانک کرائم ایکٹ، 2016)
Art. 4 of the Prevention of Electronic Crimes Act prohibits the transfer of data without the authorisation of the data owner.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220126231606/https://pakistancode.gov.pk/english/UY2FqaJw2-apaUY2Fqa-apaUY2Jvbp8=-sg-jjjjjjjjjjjjj-con-15813
- https://web.archive.org/web/20221013104627/https://www.dataguidance.com/notes/pakistan-data-protection-overview
- https://web.archive.org/web/20230809143123/https://na.gov.pk/uploads/documents/1470910659_707.pdf
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PAKISTAN
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Pakistan has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
PAKISTAN
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive legal framework for data protection
Pakistan does not have a comprehensive regime in place for all personal data, but it has sectoral regulations. The Prevention of Electronic Crimes Act 2016 contains some provisions on data protection. It prevents unauthorised acts with respect to information systems and provides for related offences as well as mechanisms for their investigation, prosecution and trial. Under the Act, unauthorised access, copying, or interference with information systems or data is a punishable offence and shall be punished with imprisonment or a fine. In addition, there is some sectoral regulation on data in the banking and telecom sectors.
Coverage Horizontal
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)
Sources
- https://web.archive.org/web/20201014054037/https://digitalrightsfoundation.pk/wp-content/uploads/2017/02/Telecoms-Privacy-and-Data-Protection-Policies-in-Pakistan-1.pdf
- https://web.archive.org/web/20221127033144/http://ilo.org/dyn/natlex/docs/ELECTRONIC/104952/128187/F424540000/PAK104952.pdf
- https://web.archive.org/web/20220124203930/https://sahsol.lums.edu.pk/law-journal/prevention-electronic-crimes-act-2016-analysis
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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."
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
Sources
- https://web.archive.org/web/20221127033144/http://ilo.org/dyn/natlex/docs/ELECTRONIC/104952/128187/F424540000/PAK104952.pdf
- https://web.archive.org/web/20220124203930/https://sahsol.lums.edu.pk/law-journal/prevention-electronic-crimes-act-2016-analysis
- https://www.gp-digital.org/world-map-of-encryption/
- https://web.archive.org/web/20220305115635/http://nasirlawsite.com/laws/peca1.htm
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PAKISTAN
Since August 2016
Since November 2020, last amended in October 2021
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
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
Sources
- https://web.archive.org/web/20231129081548/http://courtingthelaw.com/2016/10/10/commentary/the-unwilling-gatekeepers-of-the-internet-internet-service-providers-and-the-prevention-of-electronic-crimes-...
- https://web.archive.org/web/20230809143123/http://www.na.gov.pk/uploads/documents/1470910659_707.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/20230221224904/https://moitt.gov.pk/SiteImage/Misc/files/Removal%20Blocking%20of%20Unlawful%20Online%20Content%20Rules%202021.PDF
- https://web.archive.org/web/20240917144258/https://www.pta.gov.pk/assets/media/notification_sro_18112020.pdf
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PAKISTAN
Since August 2016
Since November 2020, last amended in October 2021
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
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
Sources
- https://web.archive.org/web/20231129081548/http://courtingthelaw.com/2016/10/10/commentary/the-unwilling-gatekeepers-of-the-internet-internet-service-providers-and-the-prevention-of-electronic-crimes-...
- https://web.archive.org/web/20230809143123/http://www.na.gov.pk/uploads/documents/1470910659_707.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/20230221224904/https://moitt.gov.pk/SiteImage/Misc/files/Removal%20Blocking%20of%20Unlawful%20Online%20Content%20Rules%202021.PDF
- https://web.archive.org/web/20240917144258/https://www.pta.gov.pk/assets/media/notification_sro_18112020.pdf
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PAKISTAN
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Indicator 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
Since 1947
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The incumbent operator, Pakistan Telecommunication Company Ltd (PTCL), is a state-owned enterprise with a majority of shares.
Coverage Telecommunications sector
PAKISTAN
N/A
Pillar Telecom infrastructure & competition |
Indicator 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
