risk becoming obsolete or ineffective in
addressing new challenges. However,
this does not mean laws should be
loosely framed. Instead, governments
should establish a structured evaluation
process, conducting periodic reviews to
assess the effectiveness of laws,
regulations, and policies. This approach
helps identify gaps, mitigate unintended
consequences, and refine governance
strategies, ensuring that digital
regulations remain both forward-looking
and adaptable.
In exploring alternative digital rights
interventions that incorporate these
principles, we highlight three proven
local approaches to accountability.
Judicial activism serves as a crucial
check on state overreach, scrutinizing
excessive government control and
shaping policies through legal
precedents. In Anuradha Bhasin v. Union
of India, the court assessed the legality
of internet shutdown orders under
various domestic laws, emphasizing
that government-imposed restrictions
on internet access must be temporary,
limited, lawful, necessary, and
proportionate (Mahmood, 2023).
Currently, Indian courts are assessing
the legality of the traceability provision
in the Information Technology
(Intermediary Guidelines and Digital
Media Ethics Code) Rules, 2021, which
has been challenged by WhatsApp and
its parent company, Meta. This provision
would require platforms to weaken
encryption, effectively enabling state
surveillance.
In Pakistan, multiple legal challenges
against expanding digital restrictions
remain pending before the courts. The
Supreme Court of Pakistan is currently
hearing an appeal concerning a
provision widely criticized for enabling
state censorship. Additionally, high
courts are handling cases on social
media regulations, the ban on X
(formerly Twitter), internet disruptions,
unauthorized surveillance, and the
implementation of a national firewall.
However, judicial independence in
Pakistan is steadily eroding, with a
recent constitutional amendment
marking a significant shift (International
Commission of Jurists, 2024). This
amendment introduced an extraordinary
level of political influence over the
judicial appointment process, which
threatens to undermine the judiciary’s
impartiality and its ability to effectively
check state overreach.
Thus, while judicial activism can serve
as a powerful tool against state
overreach, its effectiveness is not
absolute. Courts operate within political
constraints and are shaped by broader
institutional dynamics. A judiciary that
lacks independence may fail to function
as a meaningful check on executive
authority. Nevertheless, even under such
constraints, the judicial process remains
a crucial avenue for contesting digital
restrictions, offering a platform for legal
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