In the face of stringent media regulation, individual journalists, lawyers, and viewers
uploaded news broadcasts from banned television stations to YouTube, while stations
offered free streaming on their own Web sites. 22 Millions signed online petitions, while
students, youth, and others created blogs (such as the Emergency Times) and dynamically utilized an array of tools, including SMS2Blog, Facebook, and video and photos
uploaded to social media sites such as Flickr, to plan flash protests and document their
resistance in the face of a media blackout. 23
Legal and Regulatory Frameworks
Internet filtering in Pakistan is regulated by the Pakistan Telecommunication Authority
(PTA), 24 under the directive of the government, the Supreme Court of Pakistan, and
the Ministry of Information Technology (MoIT), formerly the Ministry of Information
Technology and Telecommunications (MITT). The PTA implements its censorship regulations through directives handed down to the PTCL, 25 of which the Emirates Telecommunications Corporation (Etisalat) took majority control in 2006. 26
In December 2007, the government passed a cyber crimes ordinance, followed by the
Prevention of Electronic Crimes Ordinance (PECO) enacted less than a year later and
taking effect on September 29, 2008. 27 Cyber crimes are investigated under the jurisdiction of the Federal Investigation Agency (FIA), 28 with the support of the National Response Centre for Cyber Crime (NRCCC), which provides technical assistance and a
reporting center, and leads awareness campaigns. 29 In addition to laying out offenses
for electronic forgery, fraud, criminal data access, and the use of malicious code, the ordinance made ‘‘cyber stalking’’—which requires ‘‘intent to coerce, intimidate, or harass
any person’’ using computers or networks—a crime punishable by up to seven years’
imprisonment. 30 Media rights advocates expressed concern that the prohibition
against taking or distributing photographs of a person without consent made one of
the major components of citizen journalism illegal. 31 The ordinance also makes
‘‘cyberterrorism,’’ defined as the access or utilization of a computer network or electronic system or device by a person or group with ‘‘terroristic intent,’’ an offense punishable by life imprisonment or death. 32
In the absence of a specific legal framework, Pakistan’s filtering practices have
evolved largely out of executive action taken by various government organs. Blocking
orders have been issued through an opaque process that invites speculation as to the
political motivations behind them, with authorizing agencies alternating between the
MoIT, the PTA, the courts, and law enforcement. For example, in August 2008 the civil
society organization Pakistan ICT Policy Monitors Network announced that six URLs
were blocked upon the request of retired Admiral Afzal Tahir, accused in a number of
YouTube videos of abusing his office in a personal land dispute. 33 In October 2008, the
492
Pakistan
uploaded news broadcasts from banned television stations to YouTube, while stations
offered free streaming on their own Web sites. 22 Millions signed online petitions, while
students, youth, and others created blogs (such as the Emergency Times) and dynamically utilized an array of tools, including SMS2Blog, Facebook, and video and photos
uploaded to social media sites such as Flickr, to plan flash protests and document their
resistance in the face of a media blackout. 23
Legal and Regulatory Frameworks
Internet filtering in Pakistan is regulated by the Pakistan Telecommunication Authority
(PTA), 24 under the directive of the government, the Supreme Court of Pakistan, and
the Ministry of Information Technology (MoIT), formerly the Ministry of Information
Technology and Telecommunications (MITT). The PTA implements its censorship regulations through directives handed down to the PTCL, 25 of which the Emirates Telecommunications Corporation (Etisalat) took majority control in 2006. 26
In December 2007, the government passed a cyber crimes ordinance, followed by the
Prevention of Electronic Crimes Ordinance (PECO) enacted less than a year later and
taking effect on September 29, 2008. 27 Cyber crimes are investigated under the jurisdiction of the Federal Investigation Agency (FIA), 28 with the support of the National Response Centre for Cyber Crime (NRCCC), which provides technical assistance and a
reporting center, and leads awareness campaigns. 29 In addition to laying out offenses
for electronic forgery, fraud, criminal data access, and the use of malicious code, the ordinance made ‘‘cyber stalking’’—which requires ‘‘intent to coerce, intimidate, or harass
any person’’ using computers or networks—a crime punishable by up to seven years’
imprisonment. 30 Media rights advocates expressed concern that the prohibition
against taking or distributing photographs of a person without consent made one of
the major components of citizen journalism illegal. 31 The ordinance also makes
‘‘cyberterrorism,’’ defined as the access or utilization of a computer network or electronic system or device by a person or group with ‘‘terroristic intent,’’ an offense punishable by life imprisonment or death. 32
In the absence of a specific legal framework, Pakistan’s filtering practices have
evolved largely out of executive action taken by various government organs. Blocking
orders have been issued through an opaque process that invites speculation as to the
political motivations behind them, with authorizing agencies alternating between the
MoIT, the PTA, the courts, and law enforcement. For example, in August 2008 the civil
society organization Pakistan ICT Policy Monitors Network announced that six URLs
were blocked upon the request of retired Admiral Afzal Tahir, accused in a number of
YouTube videos of abusing his office in a personal land dispute. 33 In October 2008, the
492
Pakistan