Pakistan Telecommunication Act (1996): A Tool for Control or Governance?

The Pakistan Telecommunication (Re-Organization) Act, of 1996 grants excessive powers to the federal government, allowing it to issue binding policy directives on matters related to the telecom sector. The Pakistan Telecommunication Authority (PTA) is also obligated to follow such directives. However, this power has come under scrutiny recently in the wake of recent internet outages in different parts of the country. The stakeholders have raised questions about the extent of legal authority and its implications for governance.

During recent Senate and National Assembly standing committee meetings, the government defended its actions related to internet disruptions as being within its legal mandate. The government lawmakers quoted Section 8 of the Pakistan Telecommunication (Re-Organization) Act, 1996 which provides ‘Powers of the Federal Government to issue policy directives’ noted that the federal government may, as and when it considers necessary, issue policy directives to the Authority (PTA), not inconsistent with the provisions of the Act, on the matters relating to telecommunication policy referred to in subsection (2), and the Authority shall comply with such directives. The matters on which the Federal Government may issue policy directives shall be,

(a) the number and term of the licenses to be granted in respect of telecommunication systems which are public switched networks, telecommunication services over public switched networks, and international telecommunication services, and the conditions on which those Licenses should be granted; (aa) framework for telecommunication sector development and scarce resources; and the nationality, residence and qualifications of persons to whom licenses for public switched networks may be issued or transferred or the persons by whom licensees may be controlled; and (c) requirements of national security and of relationships between Pakistan and the Government of any other country or territory outside Pakistan and other States or territories outside Pakistan. (2A) states; notwithstanding anything contained in sub-section (2), the Cabinet, or any committee authorized by the Cabinet, may issue any policy directive on any matter related to the telecommunication sector, and such directives shall be binding on the Authority.

However, the Senate Standing Committee on IT and Telecom noted gaps in the legal framework. The committee argued that the Prevention of Electronic Crimes Act (PECA) governs cyber regulations and it lacks clear provisions to justify internet shutdowns. Legal representatives acknowledged that some rules under PECA appear inconsistent with the Act’s intended scope, further fueling concerns over potential overreach. Moreover, officials contended that such measures are taken only when necessary for national security or public order.

Meanwhile, critics have also questioned the broader implications of these policies, particularly their economic and societal impacts. The debate highlights the need for transparent policies that balance state interests with public rights.

Our Opinion

The authority granted under the Pakistan Telecommunication (Re-Organization) Act, 1996, reflects the federal government’s responsibility to safeguard national security and ensure effective telecom governance. However, the lack of clarity in the laws, particularly under the PECA Act, creates room for confusion and raises concerns about potential misuse. Internet shutdowns can have significant economic and societal repercussions, impacting industries reliant on digital connectivity and the general public’s access to information. To strike the right balance between governance and control, the government must adopt a more transparent and consultative approach.

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