of the country’s independence.34 According to media reports the FIA holds that “anti-state and hate
propaganda” is the second-most misused subject
on social media. The FIA also claims to have received “7,500 complaints from the public as well
as state institutions of as many as 64,000 Twitter accounts and Facebook pages being involved
in blasphemy and supporting anti-state, criminal
and terrorist activities.” The same report states
that three social media users were arrested in
Lahore, Islamabad and Quetta for alleged involvement in anti-state activities.35 The sedition law
has not been used in any of these cases; however,
if sedition is largely seen as speech that is “anti-state”, then there are various instances in which
such speech has been blocked and criminalised.
Additionally, legislators including cabinet
members have criticised the speech by bloggers
at Bhensa, Mochi and Roshni as being anti-state.
However, even in these cases, the state did not get
involved in litigation and the bloggers allegedly involved in running these pages were abducted and
later returned without any explanation from the government itself. This demonstrates that even in the
cases where there was some public narration about
possible anti-state activities online, the course selected to tackle such speech was extrajudicial.
also being blocked. The investigation by Dawn.com
found that “the list of 429,343 websites, obtained
by Dawn.com from an ISP source close to the ongoing process, has been found to be flawed as scores
of sites with no pornographic content are included
in the list.”37
The same list was also used to block Tumblr
from Pakistan.
Within the law, the focus is on criminalisation of
child pornography. Both the PPC and PECA include
sections that criminalise and define penalties for
those engaged in production, possession or distribution of content that depicts children/minors in
sexually explicit conduct. The relevant sections of
the law include:
Section 292 B, Pakistan Penal Code, 1860 –
Child pornography. (1) Whoever takes, permits
to be taken, with or without the consent of the
child or with or without the consent of his parents or guardian, any photograph, film, video,
picture or representation, portrait, or computer
generated image or picture, whether made or
produced by electronic, mechanical, or other
means, of obscene or sexually explicit conduct,
where. — (a) the production of such visual depiction involves the use of a minor boy or girl
engaging in obscene or sexually explicit conduct; (b) such visual depiction is a digital image,
computer image, or computer generated image
that is, or is indistinguishable from, that of a
minor engaging in obscene or sexually explicit
conduct; or (c) such visual depiction has been
created, adapted, or modified to appear that
an identifiable minor is engaging in obscene or
sexually explicit conduct; is said to have committed an offence of child pornography.
Pornography
There is a general social consensus in Pakistan
about blocking access to pornographic material.
Pornographic content is generally seen as falling
within the “decency and morality” related restrictions. The internet regulator, PTA, has been engaged
in launching massive drives to block pornographic
content, once landing in a controversy when allegedly a 15-year-old was engaged to make a list
of pornographic websites to be blocked within the
country. The teenager Ghazi Muhammad Abdullah
found almost 780,000 adult pages in six months,
calling this task his “religious and national”36 duty.
After driving criticism PTA issued a tender for creation of a system for filtering content. As per media
reports, over 500,000 websites with pornographic content are currently blocked in the country.
A media report also indicated that in the guise of
blocking pornographic content, other content was
34 https://govtrequests.facebook.com/country/Pakistan/2016-H2
35 Haq, R. (2017, 20 August). Cyber crime: 64,000 social media users
reported to FIA. The Express Tribune. https://tribune.com.pk/
story/1486291/cybercrime-64000-social-media-users-reported-fia
36 Crilly, R. (2012, 14 March). Pakistan uses teenage boy to help with
pornography crack down. The Telegraph. www.telegraph.co.uk/
news/worldnews/asia/pakistan/9143296/Pakistan-uses-teenageboy-to-help-with-pornography-crack-down.html
(2)The preparation, possession or distribution
of any data stored on a computer disk or any
other modern gadget, shall also be an offence
under this section.
Section 22, PECA 2016 – Child pornography. (1)
Whoever intentionally produces, offers or makes
available, distributes or transmits through an information system or procures for himself or for
another person or without lawful justification
possesses material in an information system,
that visually depicts—
(a) a minor engaged in sexually explicit conduct;
(b) a person appearing to be a minor engaged in
sexually explicit conduct; or
37 Haque, J. (2016, 25 May). Pakistan’s impossible attempt to block
400,000 porn sites continues. Dawn.com. https://epaper.dawn.
com/DetailImage.php?StoryImage=25_05_2016_001_007
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