Getting your Trinity Audio player ready...
|
I
ndia beats other countries by more than a mile when it comes to the frequency of internet shutdowns, but that is cold comfort to the citizens of its neighbor, Pakistan.
In the first half of this year, Pakistan already had at least five internet shutdowns, including a 10-hour mobile one during election day last February. Netizens have also noticed internet slowdowns and the sudden inaccessibility of various social-media platforms, such as X, which has been banned for the last several months.
Whenever confronted with such incidents, the government places the blame on infrastructure problems or says simply that it has nothing to do with the internet disturbances. When it does own up to a shutdown or banning of a social-media platform, it cites national security concerns as the primary reason – as it did with X.
Last July, Minister for Information and Telecommunications Shaza Fatima Khawaja also stated that the implementation of a firewall was a regulatory tool to defend against cyberattacks, rather than a barrier to restrict internet use.
As for the decline in internet speeds, the minister has said that it is due to the increasing usage of virtual private networks (VPNs), which she said strains “the network.”
For months now, Pakistanis have been experiencing slower internet speeds, with some reporting rates that are 40 to 80% slower than usual – which would put it at the same level as that of turtles in cyberterms.
According to Ookla’s Speedtest Global Index, Pakistan’s average internet speed for mobiles was at 20.02 megabytes per second (mbps), which made it 100 out of 112 countries in the Ookla list, as of September 2024. Fixed broadband speed in the country was at 15.58 mbps, giving it the rank of 142 out of 159 nations. Slowdowns mean drops to as low as 5.14 mbps for mobiles, and 7.47 mbps for fixed broadbands.
But rights advocates have not been convinced by the government’s explanations. They say that the internet shutdowns and slowdowns are deliberate and meant to suppress perceived critics of the government.
At the same time, they say that the moves have ended up affecting marginalized groups that had begun relying on social media in order to be heard, as well as journalists trying to keep the public informed and updated about important events.
In its latest “Freedom on the Net” report, the international rights monitor Freedom House assessed Pakistan as “Not Free,” and gave it a score of 27 out of 100. India, for all is shutdowns, was deemed “Partly Free,” with a score of 50.
Iqbal Khattak, executive director of the Islamabad-based media watchdog Freedom Network, minces no words on what he thinks of Pakistan’s cyber disturbances: “It’s a direct attack on freedom of expression. Even in parliament, they can’t talk freely. If someone dares to speak up, their voices are (muted) on TV.”
Cyber muzzling
Rights advocates say that the timing of the Net shutdowns and slowdowns reveals what they say is the government’s true intent, since these usually happen during protests or rallies called by the opposition.
For instance, when the country’s largest opposition party, Pakistan Tehreek-e-Insaf (PTI), announced a nationwide protest on Oct. 18, the government not only proceeded to implement Section 144, which basically prohibits public meetings, sit-ins, and protests. It also slowed down internet services across the country, interrupting mobile and internet connectivity.
Moreover, many observers have pointed out that PTI and its leader, former Prime Minister Imran Khan, had been a big user of the banned X. And when PTI launched an online fundraising campaign for the February election, internet monitor Netblocks noted a spike in disruptions to social-media platforms across Pakistan.
Reacting to the internet slowdown following PTI’s recent call for a nationwide protest, Farieha Aziz, co-founder of the digital rights group Bolo Bhi, remarked, “Now this has become their way of preventing protest or campaign mobilization and access to information, (even as) Section 144 is implemented.”
Last March, rights advocates and civil-society organizations issued a statement on the continued network shutdowns and platform blocking in Pakistan and expressed deep concern over Pakistan’s escalating internet shutdowns and social-media platform banning.
The group, which included 28 organizations and many individuals, demanded the government to unblock X, remove censorship-enabling laws, and act transparently.
Note: Countries in orange are those covered by ADC.
Source: Freedom House
According to their statement, arbitrary suppression violates fundamental rights to free expression and access to information, suppressing genuine political discourse and multiplicity of voices. They emphasized the negative impact of digital censorship on citizens’ human rights, particularly political engagement, and called on Islamabad to comply with its international obligations under the International Covenant on Civil and Political Rights (ICCPR) and the Universal Declaration of Human Rights (UDHR).
Up to now, authorities have yet to address the demands put forth by the group. Instead, the Telecommunication Authority’s (PTA) has proposed a new regulatory framework that many say has the potential to suppress opposition and restrict digital rights.
Under the PTA’s proposed framework, online services such as WhatsApp, Facebook, and YouTube will have to register locally and obtain a 15-year license or face legal action. To rights advocates, this would grant the government complete access to content monitoring and personal data evaluation.
In early November, many began having difficulties using VPNs, which have become popular among Pakistanis seeking to bypass cyber restrictions. A similar situation had arisen last August, with some observers attributing it to authorities seeking to disable the VPNs’ ability give users access to social-media platforms that had been blocked by the government.
At the time, however, PTA said that it had nothing to do with any issue users were having with VPNs.
Laws and politics
Lawyer and cybercrime expert Mehwish Muhib Kakakhel says that Pakistan’s internet shutdowns already often contradict international human-rights obligations, particularly those under ICCPR and UDHR. She notes that these documents affirm rights to freedom of expression, access to information, and peaceful assembly.
Shutdowns can be seen as disproportionate restrictions on these rights, particularly if imposed without justification or due process, says Mehwish. In addition, she says that restricting internet access to limit free speech and assembly violates Pakistan’s constitutional rights, particularly Articles 16, 17, 19, and 19A, which protect freedom of expression, assembly, association, and information.
Mehwish concedes, however: “The government can legally order internet shutdowns under provisions related to national security, public order, and prevention of incitement to violence.”
She also says that there are no clear procedural requirements or specific legal frameworks mandating advance notice or consultation with stakeholders before imposing a shutdown, which can lead to arbitrary enforcement.
There are minimal transparency requirements, the lawyer adds, and governments may not be obligated to notify the public or provide justifications for shutdowns.
Still, Mehwish says that individuals or organizations can attempt to challenge the government’s internet shutdowns through litigation by filing petitions in High Court and have these ruled as violations of the fundamental rights guaranteed by Pakistan’s Charter.
She says as well that Pakistan could be held accountable for violating international human rights laws regarding the shutdowns, particularly if these actions are deemed arbitrary or disproportionate, and found not in the interest or address the security of the state.
But Mehwish admits that the effectiveness of such challenges varies, and can often be influenced by the political climate and the judiciary’s independence.
Farieha, for her part, says that the judiciary’s inaction so far has allowed those in power to use internet shutdowns as a convenient tool to achieve their goals, and she believes this is unlikely to change anytime soon. In truth, state agencies fearlessly ignore court orders anyway.
A case in point is the Feb. 8 poll nationwide mobile internet shutdown, which went against a Sindh High Court order for the PTA to provide uninterrupted internet access until election day. The PTA later told the court that it was legally obligated to follow the interior ministry’s order for it to suspend mobile internet services.
“Unless the courts become more responsive, this won’t change,” Farieha says of Pakistan’s constant internet disruptions. And that, she says, will mean problems not only for the political opposition, but for many other Pakistanis.
“Internet shutdowns are not just a restriction on freedom of speech, but also a denial of the right to information and livelihood,” says the digital rights advocate.
Journalists, for example, are unable to send or post their stories during the shutdowns or have to wait for hours during slowdowns. This results in information not being delivered on time to the public, which could be disastrous during natural calamities such as typhoons or floods.
In some instances, the situation could lead to speculations that could spark unrest, such as during elections; a lack of up-to-date information as voters cast their ballots and during the counting of votes could well lead to doubts about the final results.
Farieha points out as well that marginalized groups, among them ethnic or religious minorities who are often overlooked by authorities and the mainstream media, have been making good use of cyberspace to make their voices heard.
Indeed, various social-media platforms have enabled communities like those of the Baloch and Pashtun to raise awareness about their struggles. Movements like Baloch Yakjehti Committee, Pashtun Tahafuz Movement (PTM), and other similar rights initiatives have also established online presence through social media in disseminating information and mobilizing support.
But Farieha says that shutdowns and slowdowns rob such groups of these opportunities, especially since cyber disruptions often occur in their areas. Among the places usually hit by internet slowdowns in Pakistan are conflict-prone areas like the former Federally Administered Tribal Areas (FATA), now merged with Khyber Pakhtunkhwa, which have faced prolonged Net shutdowns since 2016.
Balochistan province has also experienced frequent internet shutdowns, with authorities usually citing security concerns as reason.
ADC has tried to reach out to PTA for this story. But PTA Director General Wasi Khan has refused to share information or give an interview, citing the agency’s policy against dealing with the media. Pakistan’s Right to Information (RTI) Act, though, requires all government departments to share information to citizens, ensuring transparency and accountability. ◉
Jamaima Afridi is a Khyber Pakhtunkhwa, Pakistan-based freelance journalist, working on women’s rights/issues, Afghan refugees, and religious freedom. She reports on human rights in conflict regions.