The Impact of Pakistan’s New Firewall: Which Rights are at Stake?

In recent years, Pakistan has experienced a surge in internet disruptions. An industry once predicted to take the country to new heights has now fallen flat on its face. The X ban, internet disruptions, the introduction of strict and irrational laws and now the latest implementation of the Pakistan’s firewall have all added up to the vows of a once-progressing industry. Firewalls and restrictions do not only mean lack of access to social media apps: rather, these measures in the name of national security represent a significant violation of the constitutional rights of the people of Pakistan.

Here’s a list of human rights violations due to internet disruptions in Pakistan.

1. Violation of Freedom of Expression

In addition to the numerous blackouts in past two years, X [formerly Twitter] has been inaccessible in Pakistan since February 17, 2024. Users cannot access the platform without a Virtual Private Network (VPN), apart from the random instances when it works without one.  After the recent implementation of internet firewall, Internet speeds have slowed to half their usual rates. The files that usually take minutes to upload now take more than two hours. Whereas, online calls and video conferencing are plagued by frozen screens and delayed voices,. The new system is also targeting and blocking specific components of mobile apps, such as voice notes, photos, and videos on WhatsApp, while allowing text messages and voice calls.

According to digital rights groups, the system could eventually enable the authorities to trace messages posted online to device where they originated. It will also enable them to block specific content. Criminal investigations and illegal abductions of content creators who show dissent with government policies are already going strong in the country. When the system is fully implemented and serves the said purpose, even a single voice of disagreement and protest will be traced down and dealt with.

These extreme measures taken by the government are in clear violation of Article 19 of the Constitution of Pakistan, which guarantees freedom of speech and expression.  In the name of integrity, security, or defense of Pakistan,

2. Restriction of Access to Information

We are living in a digital age where the internet has become our primary source for all kinds of information, whether it’s staying updated with the latest news, or researching topics in science, medicine, technology, and more. With the blockade of X and the throttling of the internet, the government has not only violated the public’s right of expression but also their right to access information. Blocking and restricting internet access prevents citizens from accessing vital information, which is essential for making informed decisions. It’s the fundamental right of people of Pakistan as per Article 19A of the Constitution. X is considered one of the biggest and fastest platforms for all news updates. First, the government placed a ban on X; later, YouTube and Facebook were down for some time. In its latest attempt to restrict the flow of information, the government has completely collapsed the internet and disconnected the people from the rest of the world.

3. Impairment of Education Rights

The internet has had a profound impact on education worldwide, providing students with instant access to millions of scholarly articles and vast amounts of data to meet their educational needs. However, recent attempts at internet throttling have disrupted this access, making it difficult for students to join online classrooms or download and upload essential files.

Article 25A of the Constitution of Pakistan ensures the right to free and compulsory education for all children between the ages of five and sixteen years, making it a fundamental right. But constant internet disruptions have significantly impaired students’ right to education.

4. Infringement on the Right to Work

Article 18 of the Constitution of Pakistan guarantees the right to enter any lawful profession or occupation and to conduct any lawful trade or business. A fundamental right that the current government has trampled upon through its constant internet blackouts and restrictions. Pakistan is the fourth-largest freelancing industry globally, with over 2.3 million full-time and part-time freelancers. The internet disruption in Pakistan due to technical and infrastructural issues have led to challenges for many digital professionals and freelancers. Fiverr, one of the largest freelance platforms, has marked freelancers from Pakistan as temporarily unavailable due to constant internet disruptions in the country. The Pakistan Freelancers Association has warned that if the current situation persists, it could lead to Pakistan’s being downgraded on online freelancing platforms, damaging the nascent industry.

The internet disruption has not just made things difficult for freelancers, but it is also creating huge concerns for small e-commerce businesses that are unable to continue their work due to non-availability or slower internet. At the same time, online tutors are also unable to connect with their students, and ride hailing, and delivery services are facing difficulties in connecting to their customers.

5. Erosion of Privacy Rights

One of the biggest violations of human rights through the firewall is the erosion of privacy rights of the people of Pakistan. With strict monitoring of every citizen’s online activity, the government is directly striking the dignity of man and the privacy of the home, a fundamental right given to the citizens of Pakistan through Article 14(1) of the Constitution of Pakistan.

Pakistani authorities have been using various systems to filter and block content on the internet for a long time. But placing stricter controls will, through the latest firewall, now add significant privacy concerns with increasing surveillance of Internet activity. According to the activists, “the alleged firewall is likely to be more sophisticated and capable of identifying individuals who upload or share content on social media platforms”. Private audio, video and chats of important people are leaked every now and then. Once the alleged firewall is in place, it will cause a significant erosion of personal privacy, where every online interaction, from social media posts to private emails, might be tracked and analyzed without the user’s consent.

 

6. Hindrance to Freedom of Assembly and Association

Article 16 of the Constitution of Pakistan guarantees the right to assemble peacefully. Since the internet has become the biggest mode of communication, calls of peaceful protests and sit-ins are made through social media. To break the flow of information and communication, the government first blocked X, which is considered the biggest and fastest medium to access news and latest happenings. Other social media platforms, like YouTube and Facebook, were also blocked a few times.

WhatsApp is one of the most frequently used internet messaging apps in Pakistan, with 111 million internet users at the start of 2024, up from 87.35 million at the start of 2023. On average, one in every two internet users in Pakistan uses Whatsapp for calls and messaging on the go. With the government’s internet blockade policies, WhatsApp has now become the latest casualty.

WhatsApp being end-to-end encrypted wasn’t easy to control by the government but with alleged firewall, the government has become successful in slowing down the platform. Initially, attachments took time to download but now the simple text delivery is also delayed, sometimes taking over 40 minutes to deliver a standard message.

The government’s attempt to disrupt communication channels to control and silence protesters is backfiring, as these measures are only intensifying public frustration. The increasingly slow internet is fueling even more anger, leading to greater unrest among the people.

7. Threat to Economic Rights

The already-dwindling economy of Pakistan is facing yet another challenge due to internet disruptions.  The Pakistan Software Houses Association (P@SHA) stated that the economy could lose up to $300 million due to internet disruptions if these disruptions are not tackled. Whereas the Wireless and Internet Service Providers Association of Pakistan warned businesses were considering relocating operations to other countries as internet speed has plummeted by 30 to 40 per cent in the past few weeks.  The national firewall is also messing up the quality of service of fixed and mobile broadband operators, resulting in deteriorating user experience and loss of revenues.

In addition to the slow internet speed, global IT clients are also concerned about the government’s lack of transparency around the firewall and fear their proprietary data and privacy will be compromised. According to Ali Ihsan, the senior vice chairman of P@SHA, “These disruptions are not mere inconveniences; but a direct, tangible, and aggressive assault on the industry’s viability, inflicting estimated and devastating financial losses estimated to reach $300 million, which can further increase exponentially.”

The Overseas Investors Chamber of Commerce and Industry (OICCI) also released a statement stressing that frequent internet disruptions would stifle innovation, and severely diminish the prospects for much-needed foreign direct investment — a must-need for the economic revival.

Instead of facilitating ease of business, the government is creating obstacles that hinder businesses from operating effectively. By doing so, it is potentially infringing on their right to conduct lawful trade and business as guaranteed by Article 18 of the Constitution of Pakistan.

Government’s response and IT community’s outcry

For weeks, the government refused to comment on the slowdown but on August 15^th, Information Technology and Telecommunication Minister Shaza Fatima Khawaja finally admitted that the government was tinkering with the Internet, revealing that it was “upgrading a web-management system” it had previously installed. Previously, she blamed the Internet disruptions on increased number of Pakistanis using virtual private networks (VPNs) to circumvent government controls. Whereas the chairman of the Pakistan Telecommunication Authority later claimed that a faulty undersea Internet cable was to blame for the disruptions.

On the other hand, digital and human rights activists say that there is no doubt that the government is implementing a national firewall to monitor and regulate content and social media platforms. The government aims to increase surveillance and stifle dissent but, in the process, is destroying the IT industry.

The Human Rights Commission of Pakistan, a rights watchdog, has called for the immediate removal of the alleged firewall. In a statement issued by HRCP, it was stated, “The right to connectivity is a fundamental right, not a privilege.” HRCP also said that, lacking job security or alternative incomes, the slowdown of the Internet is proving detrimental for freelancers.

The Pakistan Business Council said in a statement that the internet crisis is causing several multinational companies to either relocate or consider moving their operations out.  The Pakistan Freelancers Association (PAFLA), a representative body of freelancers countrywide, has also called on relevant authorities to address the prevailing internet issues and take immediate action. The CEO, Tufail Ahmad Khan, said that Pakistan is the fourth-largest freelancing industry globally, with over 2.3 million full-time and part-time freelancers.” He said that ensuring a stable and secure internet connection is crucial for freelancers to deliver their work seamlessly and continue contributing to the country’s foreign exchange reserves.

Ali Ihsan, senior vice chairman of P@SHA, called these disruptions a direct assault on the industry’s viability that can lead to a devastating financial loss estimated at $300 million if not dealt with in a timely and appropriate manner. He has also demanded an immediate halt to this “digital siege”. “We insist on a comprehensive, transparent, and collaborative approach to cybersecurity—one that does not destroy the IT industry due to misplaced priorities.”

Two separate cases have been filed in the Lahore and Islamabad High Courts against internet disruptions and the implementation of internet firewall. The courts have sought in-person responses from government officials as well as representatives of the PTA. These cases are crucial not only for restoring internet services in Pakistan but also for upholding the fundamental human rights of its citizens. The outcome of these proceedings will significantly impact both the nation’s digital freedom and the protection of individual rights.

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