The rules of social media have been in the news lately more and more frequently. On April 2, the High Court in Islamabad (IHC) requested the report of the inter-ministerial committee responsible for reviewing the rules. The IHC heard the petitions filed against the implementation of the rules for removing and blocking illegal online content (procedure, monitoring and safeguarding) 2020. These rules have generated a lot of controversy because no democratic society in the world has such strict rules for blocking and protection. remove online content that the government considers illegal. The arbitrary way the government crafted and enforced these rules prompted activists and media professionals to make their voices heard across the country. It was at this point that Prime Minister Imran Khan formed a five-member committee under the leadership of Federal Minister of Human Rights, Dr Shireen Mazari. Now the committee is supposed to submit its report with recommendations to the prime minister within a month. Although the committee has announced that it will hold public consultations with all stakeholders, it remains to be seen how these consultations will unfold and what mechanism it will adopt to incorporate comments from these consultations.
We have seen previously how the consultations worked, which is why there is also a general feeling of skepticism around them. This method of consultation does not produce a critical analysis of the issue under consideration. It is important to consider the objections and suggestions of stakeholders before finalizing the report. It is also imperative to invite members of the opposition to the consultations and discuss the proposed rules in parliament before finalizing them. This issue is of paramount importance for freedom of expression in the country.
The aim of democratic institutions such as the National Assembly and the Senate is to provide forums for such discussions. The government has avoided parliamentary discussions, which is inconsistent with established democratic traditions. The government engaged in either presidential ordinances or the promulgation of unilateral rules. When it comes to legislation and rule-making, the government needs to seriously consider differences of opinion. Petitioners against these rules include among others the PFUJ, which has been at the forefront of defending freedom of expression in the country. Now the government must consult widely so that all the rules that are placed on social media in Pakistan are not just a fig leaf on attempts to curb dissent.
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