The Ministry of Information Technology and Telecommunication (MoITT) has modified the ‘Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules, 2021’.
It said that the services of a service provider or social media company would be degraded, blocked, or imposed with a penalty of up to Rs. 500 million if it fails to remove or block access to the online content or complying with the directions.
It further stated that ‘Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules, 2020’ and the ‘Citizens Protection (Against Online Harm) Rules, 2020’, are repealed.
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The modified draft rules will provide for, among other matters, safeguards and mechanisms for the exercise of powers by the Authority under the Act for the removal of or blocking access to unlawful online content through any information system.
The rules stated that every person or organization will have the right to express and disseminate any online content as enshrined under Article 19 of the Constitution of the Islamic Republic of Pakistan, 1973.
Provided that the Authority will not restrict, or disrupt the flow or dissemination of any online content unless it considers it necessary for the reasons prescribed in Section 37(1) of the Act subject to due process of law.
Provided further that, without prejudice to the generality of the powers in Section 37(1) of the Act, the removal or blocking access to online content would be considered necessary in the interest of
The Authority will entertain complaints regarding online content. A complaint about the blocking or removal of online content may be filed by
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In case a service provider or a social media company, as the case may be, fails to remove or block access to the online content or to comply with the directions issued by the Authority within the specified time, the Authority may initiate action as per following procedure:
The service provider and social media company will not knowingly host, display, upload, publish, transmit, update or share any Online Content, and will not allow the transmission, select the receiver of the transmission, and select or modify the information contained in the transmission in violation of local laws.
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Provided that the following actions by a Service Provider and Social Media Company will not amount to the hosting, publishing, editing, or storing of any such information as specified in sub-rule (1):
The service provider and the social media company will provide to the investigation agency designated or established under Section 29 of the Act, any information or data or content or sub-content contained in any Online Information System owned or managed or run by the respective service provider or social media company, in decrypted, readable, and comprehensible format or plain version in accordance with the provisions of the Act.
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The service provider and the social media company will deploy mechanisms to ensure the immediate blocking of live streaming through an online information system in Pakistan of any Online Content particularly related to terrorism, extremism, hate speech, pornography, incitement to violence, and detrimental to national security on receiving intimation from the Authority.
A significant social media company, in addition to the other obligations under Rule 8, shall: