Does Pakistan Need Social Media Reforms? – OpEd
In an era where social media platforms dominate our digital interactions, the vulnerabilities to technological crimes such as morphing, fake profiling, cyberbullying, and the dissemination of fake news have escalated significantly. Victims often find it challenging to seek legal recourse due to societal attitudes, weak laws, and insufficient moral support. Strengthening the legal framework and initiating national-level efforts for Pakistan's digital sovereignty are imperative to tackle these challenges effectively. One critical reform is the creation of a Digital Rights Protection Authority, which can play a pivotal role in curtailing hate speech and fake news.
Social media networks (SMNs) present multifaceted legal implications, including issues of privacy, data protection, content moderation, and liability. Personal data is often collected and shared without consent, making individuals vulnerable to cybercriminals, identity theft, and financial fraud. Moreover, the unchecked spread of false accusations and online defamation can lead to significant emotional distress and ruin reputations. Women, in particular, face various forms of harassment, cyberbullying, and online violence, necessitating regulatory measures to protect their rights and dignity. The rampant unauthorized use and distribution of creative works, data exploitation, and the spread of malware further exacerbate the problem. Social media often amplifies hate speech, stereotypes, and extremist ideologies, contributing to societal divisions and posing threats to national unity.
Despite the existence of the Prevention of Electronic Crimes Act (PECA) since 2016 and further amendments in 2022-23, online abuses and defamation persist in Pakistan. Therefore, establishing a Digital Rights Protection Authority is crucial. This authority would be instrumental in empowering victims and ensuring accountability for online defamation, regardless of geographical boundaries. Clear legal frameworks and international cooperation mechanisms are essential to achieve this goal. Protecting individual rights and privacy would be another key mandate of this authority. It would oversee the implementation of laws related to privacy, data protection, and the "Right to be Forgotten," allowing individuals to manage their digital footprint and online reputation effectively.
Addressing defamation and propaganda is a critical aspect of this initiative. False and damaging statements made on social media can quickly spread to a wide audience, causing irreparable harm to an individual's reputation. The public nature of social media amplifies the impact of negative comments, making it challenging for individuals to escape the scrutiny and judgment of others. Defamation can strain personal and professional relationships, leading to distrust and strained interactions. The complexity of addressing defamation cases across jurisdictions underscores the urgent need for robust digital rights protection in Pakistan. A damaged reputation can have practical consequences, such as loss of employment opportunities, rejection from social or professional circles, or damage to business prospects.
Furthermore, creating a safe online environment is crucial for fostering gender equality and ensuring women's active participation in digital spaces. Pakistani women face various forms of harassment, cyberbullying, and online violence on social media platforms. Measures need to be taken to safeguard their rights, dignity, and security. Unfortunately, Pakistan is among the countries where state control over SMN companies and their proliferated content is very weak or non-functional. The non-existence of a proper mechanism over SMNs and companies denies the digital sovereignty rights of Pakistan. Most states, even smaller ones, have attained digital sovereignty rights, underscoring the need for Pakistan to do the same.
The proposed Digital Rights Protection Authority would monitor and address cases of online harassment, cyberbullying, and other forms of digital abuse. It would enforce existing laws and regulations related to online safety and implement new policies to enhance online security. This authority could collaborate with social media companies to develop and implement tools and policies aimed at preventing and addressing online harassment. Ensuring accountability of SMNs and their content requires the establishment of a regulatory framework, whereby these companies become signatories to agreements overseen by governmental authorities. This initiative is imperative for upholding standards of conduct and safeguarding national interests in the digital sphere.
In conclusion, initiating concerted national endeavors aimed at achieving "Digital Sovereignty of Pakistan" is crucial for effectively addressing the critical challenge posed by online harassment and other digital crimes. These efforts emphasize the necessity of introducing comprehensive strategies to mitigate the prevalence and impact of harassment on social media platforms, thereby safeguarding the digital integrity and dignity of individuals, religious and ethnic groups, and institutions within the nation.
The state plays a crucial role in shaping the legal framework governing SMNs, particularly in addressing issues such as content moderation, individual rights, data protection, and online harassment. Developing and implementing regulations that strike a balance between protecting individual rights and ensuring the responsible conduct of SMNs is essential. Additionally, the state must collaborate with international counterparts to develop cohesive regulatory approaches that transcend jurisdictional boundaries.