
28/07/2025
📎📎⚖️👍💤
Issue of law, law fields, Paigham-e-Pakistan initiative, Need of New Bill Targets Social Media Immunity in Terror Fight, fighting terrorism & Great Pakistan.
It a News that:
Pakistan is asking major social media companies like X, WhatsApp, and Telegram to block accounts linked to terror groups such as TTP and BLA. These groups use global platforms to spread messages, praise fighters, recruit members, encourage violence, and claim attacks, reaching a vast audience worldwide.
Despite this, Pakistan has been actively fighting terrorism since 2018 with its 'Paigham-e-Pakistan' program, which offers a national counter-narrative. Through this initiative, law enforcement officers are trained to find and track extremist content online, using publicly available information. Pakistan also works with the UNODC to strengthen its digital defenses.
While Pakistan can block social media content within its own borders—with the Pakistan Telecommunication Authority (PTA) regularly ordering internet providers to block websites or even entire platform. A key question remains: ......... "Why does Pakistan still need global social media companies to block terrorist accounts, and why aren't these big companies considered 'facilitators' of terrorism under Pakistani law?"........
The main challenge is that many of these companies operate under laws in their home countries (like Section 230 of the US Communications Decency Act), which largely protect them from being held responsible for user-generated content. This gives them significant immunity from lawsuits or criminal charges. Furthermore, Pakistani laws, such as the Prevention of Electronic Crimes Act (PECA) 2016 and its subsequent rules, mainly focus on making social media companies remove content when notified by the government. If companies fail to comply, they face fines or even service blocks in Pakistan. Therefore, Pakistani law primarily punishes them for not following government orders or not setting up local offices, rather than directly labeling them as terrorist facilitators.
As a result, major social media companies often do not remove dangerous content, even after warnings. They effectively become tools for terrorists to spread their messages due to their global reach and legal protections abroad.
To overcome this, Pakistan needs to have a stronger legal stance for forcing these international companies to act responsibly. This includes pursuing a more direct criminal approach against platforms that fail to comply with government directives or refuse to establish local offices in Pakistan.
The basic intent is to suggest that if a company provides the space for terrorist content after having warnings, it should be held as directly responsible as the person or group who posted the harmful material, making them a facilitator or abettor.
In essence, while Pakistan's national laws (like ATA and PECA) address terrorist acts and their facilitation within the country, and international agreements (like UN conventions and extradition treaties) handle terrorists abroad, a tougher legislative stance is required to compel global social media companies to take full responsibility for the content they host. This would ensure that those providing a platform for terrorism face criminal charges, especially when they ignore calls for cooperation.
The following is a conceptual outline for a proposed amendment to the Prevention of Electronic Crimes Act (PECA) 2016 or a new, standalone act, reflecting a stronger, potentially criminal, approach to social media companies that facilitate terrorism by non-compliance.
DRAFT BILL TITLE: The Digital Platforms Accountability and Counter-Terrorism (Amendment) Act, [2025]
Preamble:
WHEREAS, the proliferation of terrorist and extremist content on digital platforms poses a grave threat to the national security, public order, and societal harmony of the Islamic Republic of Pakistan;
AND WHEREAS, existing legal frameworks, while providing for content removal, face challenges in compelling international digital platforms to proactively combat such content and ensure compliance with national directives due to their extraterritorial operations and legal protections in their home jurisdictions;
AND WHEREAS, it is imperative to strengthen the legal framework to hold digital platforms accountable for their role in the dissemination of unlawful content, particularly that which incites, glorifies, or facilitates terrorism;
IT IS HEREBY ENACTED as follows:
1. Short title, extent, and commencement.
(1) This Act may be called the Digital Platforms Accountability and Counter-Terrorism (Amendment) Act, [Year].
(2) It extends to the whole of Pakistan and applies to all digital platforms operating within Pakistan's cyber jurisdiction, regardless of their physical location.
(3) It shall come into force on such date as the Federal Government may, by notification in the Official Gazette, appoint.
2. Amendments to the Prevention of Electronic Crimes Act, 2016 (PECA).
(1) In the Prevention of Electronic Crimes Act, 2016 (IX of 2016), hereinafter referred to as the principal Act, the following amendments shall be made:
**A. Insertion of New Definitions in Section 2 (Definitions):**
After clause (q) of Section 2, the following new clauses shall be inserted:
"(qa) "Digital Platform" means any online service, including social media services, online marketplaces, communication applications, and content-hosting services, that enables users to communicate, share content, or engage in commercial transactions, and has a significant number of users or economic activity in Pakistan as determined by the Authority;
(qb) "Serious Non-Compliance" means a persistent or deliberate failure by a Digital Platform to comply with a lawful direction or order issued by the Authority or other competent government agency under this Act or its rules, particularly concerning the removal, blocking, or prevention of unlawful online content;
(qc) "Unlawful Online Content pertaining to Terrorism" means any data, information, or content that incites, glorifies, promotes, finances, plans, or otherwise directly or indirectly facilitates a terrorist activity as defined under the Anti-Terrorism Act, 1997, or any other anti-terrorism law in force."
**B. Amendment to Section 10 (Cyber Terrorism):**
In Section 10 of the principal Act, for sub-section (1), the following shall be substituted:
"(1) Any person or **Digital Platform** who or which commits or threatens to commit any act of cyber terrorism shall be punished with imprisonment for a term which may extend to fourteen years or with fine which may extend to fifty million rupees or with both.
(1A) A Digital Platform shall be deemed to facilitate cyber terrorism if, after receiving a lawful direction or order from the Authority or other competent government agency to remove, block, or prevent the dissemination of Unlawful Online Content pertaining to Terrorism, it **commits Serious Non-Compliance** by:
(a) Deliberately failing to remove or block such content within the prescribed timeframe without justifiable cause; or
(b) Systematically failing to implement proactive mechanisms to prevent the re-upload or dissemination of clearly identifiable Unlawful Online Content pertaining to Terrorism; or
(c) Refusing to establish a local office or appoint a local authorized representative in Pakistan, as required by this Act or its rules, thereby impeding lawful communication and enforcement; or
(d) Obstructing investigations by deliberately withholding or providing incomplete user data as lawfully requested by competent authorities for the purpose of combating terrorism."
**C. Strengthening of Section 37 (Unlawful Online Content):**
In Section 37 of the principal Act:
(1) After sub-section (1), the following new sub-section shall be inserted:
"(1A) Notwithstanding anything contained in sub-section (1), where the unlawful online content pertains to terrorism, the Authority shall issue a direct order to the Digital Platform to remove or block such content within **six hours**. In cases of extreme urgency involving imminent threat to life or national security, the Authority may direct immediate removal."
(2) After sub-section (2), the following new sub-sections shall be inserted:
"(2A) Where a Digital Platform commits Serious Non-Compliance regarding Unlawful Online Content pertaining to Terrorism, the Authority may, in addition to any other penalty provided under this Act, impose a fine not exceeding **One Billion Rupees (PKR 1,000,000,000)** for each instance of Serious Non-Compliance.
(2B) Persistent or repeated Serious Non-Compliance by a Digital Platform, especially concerning Unlawful Online Content pertaining to Terrorism, may lead to the **temporary or permanent suspension of its services within Pakistan**, as determined by the Authority with the approval of the Federal Government."
**D. Insertion of New Section 37A (Mandatory Local Presence and Proactive Measures):**
After Section 37, the following new section shall be inserted:
"**37A. Obligation for Local Presence and Proactive Measures.**
(1) Every Digital Platform operating in Pakistan and meeting the user threshold prescribed by the Authority shall be required to:
(a) Establish a permanent registered office in Pakistan within six months of the commencement of this Act or the platform meeting the user threshold, whichever is later.
(b) Appoint a local authorized representative who shall be a Pakistani national residing in Pakistan, empowered to receive and act upon directions from the Authority.
(c) Implement automated and manual proactive mechanisms to detect, identify, and promptly remove or block Unlawful Online Content pertaining to Terrorism without requiring individual notification from the Authority, based on publicly available databases of terrorist content and identified patterns.
(d) Submit a quarterly transparency report to the Authority detailing their efforts to combat Unlawful Online Content pertaining to Terrorism, including content removed proactively and in response to government requests.
(2) Failure to comply with the requirements of sub-section (1) shall constitute Serious Non-Compliance and shall be liable to penalties as prescribed under Section 37 and other relevant provisions of this Act."
3. Amendments to the Anti-Terrorism Act, 1997 (ATA).
(1) In the Anti-Terrorism Act, 1997 (XXVII of 1997), hereinafter referred to as the ATA, the following amendments shall be made:
**A. Amendment to Section 11G (Providing Platform and Facilitation):**
In Section 11G of the ATA, after the existing explanation, the following new explanation shall be added:
"**Explanation:** For the avoidance of doubt, 'providing means of offence' or 'facilitation' shall include, but not be limited to, the provision of digital platforms or services that knowingly or through Serious Non-Compliance allow for the spread, glorification, or incitement of terrorism as determined under the Prevention of Electronic Crimes Act, 2016."
4. International Cooperation.
(1) The Federal Government shall prioritize international cooperation and mutual legal assistance with other states to combat the cross-border dissemination of terrorist content on digital platforms.
(2) The Authority shall establish mechanisms for direct communication and cooperation with international counterparts responsible for regulating digital content.
5. Rules.
(1) The Federal Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.