A major Difference between Democracy and authoritarian rule is that the former offers liberties such as Freedom of speech, religion and press as an inherent right of the people in a country. Citizens are given the freedom to protest, discuss and criticize anything they are opposed to. They can raise their voice at any available platform , expressing their reservations about something or someone, and thus get their issues addressed by the government or any other entity in question.
The Cyber Crime Bill, 2016 goes against this very basic tenet on which the foundtion of Democracy rests. This electronics prevention bill, after about 55 amendments (47 proposed by the standing committee on Information Technology and Telecommunications and 8 proposed by opposition) to its structure finally got approved by the senate unanimously.
According to the proponents of the bill, it is a step in the right direction. This thought to some extent is true as a vacuum existed in terms of regulation of Cyber activities in Pakistan and efforts in one form or another were underway since 2002 to eliminate it. The bill which has been proposed and accepted, however, is quite controversial, with no clarity as to whose interests the bill will truly serve.
PROVISIONS OF THE BILL
- The bill entails 14 years of jail time and Rs. 5 million for cyber terrorism
- 7 years of imprisonment for anyone who campaigns against an innocent on the internet, hate speech and racism, direct or indirect involvement in Child pornography (accompanied with fines of about 5million Rupees), hacking, electronic fraud, terrorism and for raising funds for terror activities, etc.
Let us ELABORATE this a bit.
- TERRORISM in this context might also include any such thing that can lead to or cause the downfall of the governmententailing a jail sentence of 14years with accompanied fines.
- A person or entity sharing something that can be deemed VULGUR is subject to criminal prosecution according to this bill. But the term VULGUR is too broad and can encompass a million things.
- Expressing views via memes, cartoons, blogs or any other social media platform on political issues and/or personalities can lead to heavy fines and imprisonment.
- Propagating religious views and HATE SPEECH has also been banned but again what classifies as HATE SPEECH is debatable.
CRITICISM ON THE BILL
The bill has garnered huge criticism from many sectors of the society especially by activists, IT experts and media groups. This criticism, in addition to other reasons, can be attributed to the fact that the article 28 (1) gives the investigating officer the right to demand laptops, cell phones, etc., of an individual, intercept conversations, and so on, thus infringing upon the basic human right of privacy. This is in Contradiction to the constitution of Pakistan according to which no such law can be made that violates the fundamental rights of people, and privacy is one of those rights. The bill also Contradicts the right to Free Speech, thus violating another article of our constitution. These loopholes provide people the opportunity to misuse the bill to their advantage. The bill also strongly favors the government which alongwith the opposition parties is being criticized for having colluded to get the bill passed. As Unlike before, it is quite possible that anyone, who writes a comment against someone like Maryam Nawaz Shareec, e.g., on twitter or Facebook, be prosecuted for it.
The bill has garnered huge criticism from many sectors of the society especially by activists, IT experts and media groups. This criticism, in addition to other reasons, can be attributed to the fact that the article 28 (1) gives the investigating officer the right to demand laptops, cell phones, etc., of an individual, intercept conversations, and so on, thus infringing upon the basic human right of privacy. This is in Contradiction to the constitution of Pakistan according to which no such law can be made that violates the fundamental rights of people, and privacy is one of those rights. The bill also Contradicts the right to Free Speech, thus violating another article of our constitution. These loopholes provide people the opportunity to misuse the bill to their advantage. The bill also strongly favors the government which alongwith the opposition parties is being criticized for having colluded to get the bill passed. As Unlike before, it is quite possible that anyone, who writes a comment against someone like Maryam Nawaz Shareec, e.g., on twitter or Facebook, be prosecuted for it.
Social media and networks was increasingly becoming a platform where the young and the old alike had started to vent out their anger and frustration about different issues in the home country and abroad, on government and political personalities acting as feudal lords through online debates, comments, memes, etc., and to raise awareness in this way. This would no longer be possible.
PTA has been given the authority to ban anything they deem necessary. The qualifications of the personnel working at PTA comes into mind then as these people will be determining what stays and what gets banned. A Special Court for cyber crime investigation will also be set up where trials for the Cyber criminals will be held.
It is good that the bill caters to criminal offenses such as Cyber Stalking and Identity Theft which have escalated in recent years. Many fake accounts exist, many women are being blackmailed and this bill can put a stop to it. But these same provisions can be misused both by those at higher ranks and by the comman man. The proponents of the bill claim that safeguards exist but they have neither been defined nor discussed at any medium.
It is undeniable that the the bill is a blatant slap on democracy as it violates many of the fundamental human rights. It is important to make the bill more People Centric rather than Government Centric before it can be enforced. Only then the people can and should accept it.
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Source http://pankajsuri.blogspot.com/2011/06/new-pillars-of-democracy.html |