The Urgent Need for a Regulatory Authority to Curb Social Media Exploitation in Pakistan

Hamnah Maryam: The increasing pervasiveness of digital technologies and their profound societal implications has positioned Pakistan at a critical juncture. The current lack of regulatory oversight on social media platforms has fostered an environment conducive to the exploitation of individuals, the dissemination of disinformation, and significant societal disruption. The introduction of the Prevention of Electronic Crimes Act (PECA), which proposes the establishment of the Social Media Protection and Regulatory Authority, represents a pivotal advancement toward reinstating order and accountability within the digital realm. Rather than functioning as a mechanism of suppression, this authority is envisioned as an essential instrument for addressing the misuse of social media that jeopardizes public trust, social cohesion, and national security.

The imperative for the establishment of a regulatory authority arises from the alarming escalation in the misuse of social media within Pakistan. Platforms originally intended to facilitate interpersonal connections have increasingly morphed into instruments for disseminating disinformation, inciting hatred, and manipulating public sentiment. In the absence of a dedicated regulatory framework, these platforms operate within a legal void, allowing harmful content to proliferate unchecked and rendering individuals and institutions susceptible to exploitation. The proposed Social Media Protection and Regulatory Authority would function as an oversight body, tasked with monitoring and mitigating these detrimental practices, thereby ensuring that the digital space is maintained as a venue for constructive discourse rather than a channel for disorder.

One of the paramount challenges delineated in the proposal is the regulation of unlawful and offensive content. The repercussions of unregulated digital platforms in Pakistan have been particularly severe; incidents of misinformation have engendered mob violence, while the propagation of incendiary posts has exacerbated religious and ethnic tensions, disproportionately affecting vulnerable groups. In the absence of a consolidated regulatory body to tackle such malfeasance, the resultant damage often proves to be irreparable. The proposed authority would possess the capacity to identify and restrict such content, thereby fostering a safer and more secure digital environment for all stakeholders.

Critics of this proposed authority are expressing concerns regarding potential overreach or censorship. However, such apprehensions tend to overlook the robust safeguards integrated into the regulatory framework. The authority is designed to operate within well-defined legal parameters and will be subject to judicial scrutiny, thus ensuring transparency and accountability in its actions. Its mandate will be narrowly focused on content that contravenes established societal norms and legal standards, including, but not limited to, hate speech, disinformation, and incitement to violence. By concentrating on these specific harms, the authority aims to safeguard citizens’ rights to free expression while simultaneously ensuring that this freedom does not compromise public safety and societal order.
The requirement for social media platforms to register with a regulatory authority constitutes a crucial dimension of the proposed legislation. Historically, these platforms have profited from their operations in Pakistan while evading accountability for the content they disseminate. This absence of responsibility has facilitated the amplification of divisive and harmful narratives by algorithms, thereby exacerbating societal polarization and undermining public trust. The regulatory authority’s mandate will encompass ensuring that platforms comply with national laws, implement rigorous content moderation systems, and collaborate with the government to address unlawful activities. By enforcing accountability among these companies, the government seeks to cultivate a digital environment that prioritizes user well-being over corporate profit.

A paramount function of the new authority will be its capacity to combat the dissemination of disinformation, a phenomenon that has increasingly permeated Pakistan’s online landscape. False narratives, often strategically constructed to mislead or cause harm, have eroded democratic processes, incited violence, and fostered an atmosphere of uncertainty and distrust. The proposed legislation criminalizes the intentional propagation of disinformation, instituting penalties designed to deter such detrimental conduct. The regulatory authority will assume a central role in identifying and addressing these disinformation campaigns, ensuring that individuals responsible for these actions are held accountable.

The establishment of the Social Media Protection and Regulatory Authority should not be perceived as a radical or isolated initiative. Rather, it aligns with global best practices observed in countries such as Germany and India, which have implemented analogous frameworks to regulate digital platforms. Germany’s Network Enforcement Act and India’s IT Rules both aim to hold platforms accountable for harmful content while promoting the transparency of regulatory actions. Pakistan’s approach mirrors these efforts, striving to achieve a balance between safeguarding free expression and addressing the genuine harms inflicted by unregulated social media.

Critics argue that the proposed authority may impinge on free speech, disregarding the broader context of its necessity. While freedom of expression is fundamentally important, it is not an unfettered right. Its exercise must be reconciled with the responsibility to prevent harm to others and maintain public order. The envisioned regulatory authority is designed to uphold this equilibrium, ensuring that digital platforms do not serve as instruments for exploitation or harm. Its function is not to suppress diverse viewpoints but to foster an inclusive, safe, and constructive digital dialogue.

In an era where information can propagate globally within seconds, the absence of regulation on social media platforms poses a significant risk to societal stability and national security. The Social Media Protection and Regulatory Authority, as proposed under the Prevention of Electronic Crimes Act (PECA), represents a proactive response to these contemporary challenges. By establishing clear regulations and accountability mechanisms, the government is taking essential steps to safeguard its citizens against the perils of disinformation, hate speech, and online exploitation. This authority is not an affront to freedom; rather, it serves as a defence of public safety and social cohesion, ensuring that Pakistan’s digital ecosystem remains a force for good rather than a source of harm.

Authors Bio:
Hamnah Maryam is a postgraduate student of Defense and Strategic Studies from Quaid-e-Azam University University (QAU), Islamabad. Hamnah has completed her bachelor’s in international relations. Hamnah is currently working as research officer in Ministry of Defense. Hamnah is also member of Worlds Institute for Nuclear Security.

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