Changes suggested to proposed digital rights authority

ISLAMABAD: Some changes have been suggested to the working of a proposed Digital Rights Protection Authority (DRPA) — replacing all bodies related to social media — to streamline the complaint registration process after its initial draft sent to the federal cabinet last month drew sharp criticism from political parties as well as digital rights activists.

Prime Minister Shehbaz Sharif constituted a committee, headed by Adviser to the PM Rana Sanaullah, on May 20 to sort out the matter and build consensus on the final draft for the proposed DRPA before seeking the cabinet approval.

Sources told Dawn some of the changes made to the draft include streamlining the process of lodging complaint against any social media content.

“It has been added that only the aggrieved person can lodge a complaint and there has to be mechanism to determine if the complainant was the aggrieved person or not,” sources said, adding, “Secondly it is important to predetermine if the complaint, too, is a genuine violation of the rights of the complainant or not.”

Some committee members confided to Dawn that after criticism over some harsh clauses, it was decided that the draft would be reverted back to the IT ministry to balance it and ensure more transparency in the affairs of the proposed DRPA.

“We all acknowledge that online space is the most effective and free medium to propagate hate speech, child abuse, and harassment and even instigate violence or anti-state activism,” a committee member said, adding: “This has to stop, but at the same time any law should not give free hand to the authorities for political victimisation or grant them powers beyond accountability.”

The IT ministry after carrying out the proposed changes sent the draft back to the committee, but it has not been taken up yet due to political engage­ments and preparation of the upcoming federal budget. Law Minister Azam Nazeer Tarar told a news channel on Saturday that there was a need to streamline social media content, adding that social media had largely been unbridled without any respect and concerns to the norms and ethics.

He said the print media as well as the electronic media show maturity as there are regulations related to them. “There has to be some protection on social media too,” the minister said, while referring to legal protection against fake news and defamation on social media.

According to the introductory paper, the proposed ‘Digital Rights Protection Authority’ (DRPA) will replace ‘Prevention of Electronic Crimes Act, 2016’ (Peca), but the new authority was being established through amendments to Peca.

At the same time, the recently notified ‘National Cyber Crime Investigation and Agency’ (NCCIA) would also function under the proposed DRPA. The NCCIA has replaced the functions and powers of the cybercrime wing of the FIA, but the NCCIA will become operational only after the DRPA is established under an act of parliament.

A high-ranking official said media and entertainment content should be fair and socially acceptable, but the onus of responsibility would also be on social media platforms such as Instagram, TikTok, X (formerly Twitter), YouTube and Facebook to block content that violates the country guidelines.

On the other hand, digital rights activists have expressed concerns over the ‘secretive nature’ of drafting the proposed authority.

Haroon Baloch, an activist for digital space freedom, said that despite several attempts, the IT ministry did not respond to his request to become part of the drafting process as a stakeholder.

Neither State Minister for IT Shiza Fatima nor Adviser to the PM Rana Sanaullah responded to the query about not sharing the draft with relevant stakeholders till date.

However, a senior IT ministry official said the draft would become a public document soon as it would be presented in the parliament and the standing committees of both the houses would discuss it. The official explained that there was a long way as the draft, even if it is approved by the committee, would be forwarded initially to the cabinet committee on legislative business. “Later after several steps when the federal cabinet approves it, the draft will be presented in the parliament,” the official added.

However, during the budget session, no other agenda item can be taken in the parliament.