Senate Committee Declares Internet Shutdowns in Pakistan ‘Unconstitutional’

On Wednesday, the Senate Standing Committee on IT and Telecomm, led by Senator Palwasha Muhammad Zai Khan held a meeting to examine the legality of internet shutdowns in Pakistan. During the session, it was revealed that existing laws empower authorities to remove specific online content but do not authorize the blanket suspension of internet services. The Ministry of Information Technology and Telecommunication, along with the Pakistan Telecommunication Authority (PTA) also astonishingly admitted that the Prevention of Electronic Crimes Act (PECA) lacks provisions for allowing internet suspension.

The Senate committee expressed concerns over the absence of legal grounds for nationwide internet shutdowns and criticized the framing of rules that exceed the scope of PECA. The committee has summoned the Interior Ministry to justify its directives for internet shutdowns and has urged a review of PECA to ensure that any actions taken are within legal parameters.

Meanwhile, the PTA Chairman disclosed that directives to block internet services come from the Interior Ministry, after which the national telecom regulator takes any action. He said Interior Ministry secretary should be called on and ask about blocking the services. He also mentioned that approximately 500 complaints are received daily concerning various social media platforms, with an 80% compliance rate from these platforms in addressing the issues. Besides, he also acknowledged resisting pressures to block Virtual Private Networks (VPNs) in the country.

Besides, PTA spokesperson informed that Supreme Court and other High Courts gave decisions in the past under these rules. The committee also sought details of such judgment, given under these rules. It also recommended the stakeholder for the review and rectifying of PECA Act.

Recent Internet Shutdowns in Pakistan

In 2024, Pakistan experienced significant internet disruptions, becoming the second-most affected country globally with 1,861 hours of disrupted connectivity, according to a report. These shutdowns have been implemented during periods of political unrest and elections, raising concerns about their legality and impact on civil liberties.

For instance, during the February 2024 general elections, internet services were temporarily restricted across different parts of Pakistan. In addition, in November 2024, Islamabad was placed under strict security lockdown with mobile phone services suspended as supporters of jailed former Prime Minister Imran Khan planned protests demanding his release.

Our Perspective

The Senate committee’s findings highlight a critical gap between governmental actions and the legal frameworks intended to regulate digital spaces in Pakistan. The absence of explicit legal provisions for internet shutdowns within PECA raises serious concerns about the legitimacy of such measures. Moreover, the economic repercussions of indiscriminate internet bans are substantial, potentially costing the economy hundreds of millions of dollars. These actions not only disrupt the livelihoods of millions, particularly freelancers and IT professionals, but also tarnish Pakistan’s reputation as a viable destination for digital investment and innovation.

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