particularly expression that has political and ideological messages.
There is largely a lack of distinction within the
laws about expression online and offline – for instance, the national security and terrorism-related
laws, which have been applied in multiple cases on
online speech, do not include a chalked-out distinction between the medium used to express. However,
while the traditional laws have been applied online,
the cybercrime law does include criminal penalties
for expression that is exclusively shared online – in
some instances these penalties do not apply or differ from penalties defined for similar expression in
the offline sphere.
In addition to the laws that criminalise expression, there are three major points of concern with
regard to the way these laws are being implemented and framed for the general public.
First, there is a complete lack of transparency
and clarity when it comes to application of online
censorship clauses included within the cybercrime
law, which also makes it difficult for general internet users to ascertain how the PTA and FIA are
interpreting the provisions of PECA. PECA includes
certain clauses that do not directly criminalise expression but define the general environment within
which freedom of expression online is to be exercised – for example, real-time surveillance and data
collection clauses. With regard to these sections,
which can potentially be invasive and restrictive
of the practice of freedom of expression, there is a
contradiction between the Ministry of IT and the investigative agency FIA: while the Ministry continues
to hold that the country’s security and intelligence
agencies have no role in the implementation of
these sections, the civil investigative agency representatives openly admit that the role of agencies
in real-time surveillance is much higher than their
own. The section itself is framed in reference to
another law – the Investigation for Fair Trial Act –
that legitimises the role of intelligence agencies in
real-time digital surveillance in addition to the designated FIA.
Second, there is a structured campaign on the
part of the government to link online expression to
blasphemy and anti-state activities. More alarming
than the actual legislation perhaps is the narrative
being built by different state institutions to justify an increase in the crackdown against activists
and journalists who frequently turn to the online
sphere. As demonstrated in this report, both civil
and military authorities have increasingly referred
to the “dangers” that “anti-national and anti-state”
elements online pose to the country. This narrative, supported by strong propaganda tools, has
been internalised by a significant populace and it is
common to see violent reactions towards freedom
of expression advocates. Social media, whenever
mentioned by cabinet members and government
parliamentarians during their media talks and
briefs, is referred to as a tool for creating instability,
a means of spreading anti-Islam and anti-state messages. In the same vein, the people who are vocal
online, particularly those who openly protest and
demonstrate against crackdowns on online freedom
of expression, are framed as anti-state elements
who do not have religious and moral grounding.
Finally, the prevalence of “mob justice” by rightwing elements who feel offended and threatened
by religiously provocative speech is increasing.
The government has failed to offer protection and
justice and remains complicit even in cases where
it was proven that the violence done in the name
of blasphemy was deliberately provoked by the
authorities. The case of Mashal Khan’s murder is reflective of this brewing trend. At this stage it is very
clear that the administration of Mardan University
was involved in provoking the violence against their
own student,58 some of the screenshots used by the
members of the mob to call him a blasphemer were
fake, and the murder and subsequent mutilation of
his body itself is obviously a heinous crime. And yet,
political parties within the government were not
only reluctant to take action against this brutality,
but some right-wing parties actively tried to rile up
the public sentiment further by connecting murder
investigations with possible amendments in the
blasphemy law.59 Before the murder, a structured
campaign against the bloggers who faced enforced
disappearances and the activists who demonstrated for their recovery showed very clearly that state
functionaries and their cronies with the media are
willing and able to use the “blasphemy card” to
taint even political speech in the eyes of the general
public, thus creating an environment where people
fear mob justice and retreat from their online spaces – and when this happens, the most regressive
ways of evoking the criminalisation laws are not
even necessary.
58 Akbar, A. (2017, 17 April). Lynching suspect gives statement:
“University administration asked me to testify against Mashal”.
Dawn.com. https://www.dawn.com/news/1327576
59 The Nation. (2017, 1 May). “Will cut tongue of anyone wanting to
change blasphemy law,” says Jamaat-e-Islami KP chief. The Nation.
nation.com.pk/national/01-May-2017/will-cut-tongue-of-anyonewanting-to-change-blasphemy-law-says-jamaat-e-islami-kp-chief
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