Farieha Aziz, director of 2016 Freedom of Expression Campaigning Award winner Bolo Bhi (Photo: Elina Kansikas for Index on Censorship)
Pakistan’s Prevention of Electronic Crimes Bill 2015, better known as the cyber crimes bill, has severe implications for freedom of expression and the right to access information in the country.
“We are looking at what will be the right approach and the current debate is whether we jump to court and challenge it on constitutional grounds or wait for there to be an executive review and then build a case around it,” Farieha Aziz, director of Bolo Bhi, told Index on Censorship.
Bolo Bhi has reached out to other organisations and individuals, including the Human Rights Commission of Pakistan and several lawyers, during its campaign against the bill, and if legal action is to be taken it will be a class action involving all of all of these parties.
“We’ve gotten some of the best constitutional minds in the country to start looking at the law and where we go from here,” Aziz said.
Such action would be costly and, as pro bono doesn’t always guarantee success, the group have begun reaching out to people who may be able to provide support.
At this early stage amendments to the bill won’t be possible. “So we want to build pressure through public dialogue in terms of what’s wrong with the bill and what needs to be fixed,” Aziz said. “We will also raise awareness of how this law can be used against various communities.”
Pakistan has a large youth population – they very people having most conversations online – and they need to know how the bill will impact them, Aziz explained, so Bolo Bhi has been doing a lot of work with students. “We want to see the youth take ownership of this issue and see that discussion around such laws should not be relegated to the legal fraternity or the legislature.”
In terms of building pressure, the movement needs that student community voice. “It’s something we can’t leave untapped,” said Aziz.
Fighting the bill took up a lot of Bolo Bhi’s time over the past year and the organisation doesn’t currently have a staff beyond Aziz and fellow director Sana Saleem, nor an office in which to work from.
But fortunes may be changing. As Index spoke with Aziz, a possible fund to cover operational costs and salaries for a year was on the cards for Bolo Bhi. The organisation has always been small and even with this funding it would remain so, allowing it to stay focused on certain issues.
“And maybe in the next month or two we will even have an operational office again,” Aziz added.
With this in mind, Aziz is hopeful that Bolo Bhi will be send more time on its gender work. “We’re members of the Women’s Action Forum and with the recent passing of the anti-domestic violence bill there’s been a lot of discussion on the provincial protection of women, so that’s something we are focusing on,” she said.
On a case-by-case basis, a lot of victims and survivors of abuse get in touch with the network. “Just yesterday we spoke to a young girl who was forcibly married at 15, is now divorced with a young child and is being harassed by her own family,” Aziz explained. “We’re now trying to get protection and see what legal proceedings are necessary.”
This is just some of the work that goes on on the side and is what Aziz hopes she can do more of in future.
As always, the main challenge is funding.
“While it’s important for us to keep on top of the issues, at the same time we’re trying to get enough support to keep us afloat.”
Farieha Aziz, director of 2016 Freedom of Expression Campaigning Award winner Bolo Bhi (Photo: Elina Kansikas for Index on Censorship)
Pakistan’s National Assembly passed a controversial Prevention of Electronics Crimes Bill on Thursday 11 August. The bill will permit the Pakistan Telecommunication Authority to manage, remove or block content on the internet.
Many critics say the bill is too overarching and punishments too severe. It also leaves children as young as 10 liable for punishment.
Last week, Aziz was selected by the Young Parliamentarians Forum – a bi-partisan forum with representation from all political parties – as one of the 10 Youth Champions of Pakistan. Yesterday – the day before the bill passed – each recipient was given three minutes to speak to the speaker of the National Assembly, Sardar Ayaz Sadiq, and other parliamentarians.
Yesterday, Aziz used her three minutes to criticise the bill based on the below letter to members of YPF. She emailed a similar letter to Ayaz Sadiq, who left before she gave her speech.
Dear Members of YPF,
Thank you for nominating and selecting me as one of the 10 youth champions of Pakistan.
I stand before you today apparently in recognition of efforts made to secure the rights of Internet users. I regret though that this is no moment for personal recognition or glory, not when the future of the youth of Pakistan stands threatened. What is that threat? The Prevention of Electronic Crimes Bill, which is on today’s orders of the day of the National Assembly, set to receive the approval of parliament and become law.
For over a year, not just I, but many citizens and professionals fought long and hard to fix this bill. We engaged with the government and opposition. Provided input to make the law better. We never said there shouldn’t be a law but that the law needed to respect fundamental rights and due process. While we found many allies among you – parliamentarians without whose efforts it would have been an even more difficult struggle – there were many part of the same system who labelled us as agents and propagandists.
On one occasion, the doors of parliament house were shut upon us. Stack loads of written input was disregarded and we were told we were just noise-makers who’d given nothing at all.
How I wish the certificate awarded today was actually a significantly amended version of the bill. A bill that did not trample on the rights of citizens. A bill that factored in the input we’d provided. I have come here today not for the certificate, but to ask you, if you will commit to the youth of this country beyond certificates?
The youth of this country is losing hope. I come to ask you if you will do all that is in your power to do, to restore it. If you want to give the youth of this country hope, then do not dismiss them. Do not stick labels. Do not isolate them. They don’t need certificates to give them hope. They need to see that things will be done differently – that their input will be considered and that you will constructively engage with them. That you will enter questions, and motions and resolutions on vital issues that concern citizens. That you will wage a struggle within your parties to make them see differently on issues. And that you will use your vote when it counts, and block legislation that seeks to take away our constitutionally guaranteed freedoms and rights.
If the bill is passed today, in its current form, the message that will go out to the youth of Pakistan is that there is no room or tolerance for thinking minds and dissenting voices. Should the youth inquire and raise questions, a harsh fine and long jail term awaits them. Is this the future you want to give the youth of Pakistan? If not, then when you go to the National Assembly today at 3pm, stop the bill from becoming law. Allow time to fix it.
Show the youth of this country that not only will you recognize efforts outside parliament; but that you will also honour these efforts by casting your vote to protect their rights inside parliament too. If you do this, that would be true recognition.
Thank you.
Farieha Aziz
Concerned citizen, digital rights activist and journalist
Farieha Aziz, director of 2016 Freedom of Expression Campaigning Award winner Bolo Bhi (Photo: Elina Kansikas for Index on Censorship)
The cyber crimes bill passed by Pakistan’s lower legislative chamber is unacceptable and needs major changes, Bolo Bhi told Index on Censorship.
Fareiah Aziz, director of Bolo Bhi, said the group is ready to pick up the fight against the Prevention of Electronic Crimes Act, which was passed by Pakistan’s National Assembly on Wednesday 13 April. The bill must now be approved by the senate.
“We need the senate to change the bill significantly, if not completely,” Aziz said. “A few amendments are not going to be enough.”
The bill, which stems from the 20-point National Action Plan against terrorism prime minister Nawaz Sharif announced after the Peshawar attack and was presented to the national assembly by an expert committee established by the standing committee for IT, has caused uproar in civil society for its restrictions of human rights and free speech.
According to Bolo Bhi, some of the major concerns are the criminalisation of political criticism and political expression; the overreaching and discretionary powers given to the media regulator; the harsh punishments and fines for hate speech; and the lack of protection for journalists and of adequately set procedures.
Additionally, the group has also lamented a critical lack of transparency in the drafting process, claiming the government deliberately avoided making the proposed text available to the public.
According to Dawn, the bill also shows a critical lack of IT expertise.
Aziz told Index on Censorship that Bolo Bhi expected the bill to be approved by the national assembly, and has been lobbying the senate since August 2015.
“We already have commitments from senators, including the chairman, who said very publicly in one of the sessions that this bill is not going to pass in its current version.”
“The senate is more balanced, and the opposition has the majority, whereas the government has a 2/3 majority in the national assembly,” she said.
However, Aziz warned the greatest risk is that senators settle for a few amendments to the bill instead of changing everything that needs changing.
“It’s the oldest trick in the book,” she said. “Make changes here and there, accept a few amendments, and then say that you’ve done what you could do. But that’s not going to be enough.
“We’ve seen this before with the introduction of military courts and the Protection of Pakistan Bill 2014. There was always an outcry by opposition parties, especially about the Protection of Pakistan Bill, but then they settled for a few amendments and all went through.”
Aziz said Bolo Bhi is already working to organise public and academic debate around the bill, and to make sure the senate has a clause by clause discussion.
Bolo Bhi, which means “speak up” in urdu, has been fighting the bill for over a year. They have been lobbying with members of the opposition and other organisations against the bill since then, shedding light on the legislation, organising public debates and creating a timeline tracking cybercrime legislation with information on every development.
Up to five year imprisonment, $95.000 fine or both for hate speech, or trying to create disputes and spread hatred on the basis of religion or sectarianism.
Up to five year imprisonment, $48.000 fine or both for transferring or copying of sensitive basic information.
Up to $480 fine for sending messages irritating to others or for marketing purposes. If the crime is repeated, the punishment would be three months imprisonment and a fine of up to $9.500.
Up to three year imprisonment and a fine of up to £4.800 for creating a website for negative purposes.
Up to one year imprisonment or a fine of up to $9.500 for forcing an individual for immoral activity, or publishing an individual’s picture without consent, sending obscene messages or unnecessary cyber interference.
Up to seven year imprisonment, a fine of $95.000 or both for interfering in sensitive data information systems.
Three month imprisonment or a $480 fine or both for accessing unauthorised data.
Three year imprisonment and a fine of up to $48.000 for obtaining information about an individual’s identification, selling the information or retaining it with self.
Up to three year imprisonment and a fine of up to $4.800 for issuing a sim card in an unauthorised manner.
Up to three year imprisonment and fine of up to $9.500 for making changes in a wireless set or a cell phone.
Up to three year imprisonment and a fine of up to $9.500 for spreading misinformation about an individual.
Bolo Bhi, which means “speak up” in Urdu, is a non-profit run by a powerful all-female team, fighting for internet access, digital security and privacy in Pakistan and around the world. Founded in 2012 by Sana Saleem and Farieha Aziz, they have since fought tirelessly to challenge Pakistan’s increasingly pervasive internet censorship.
“In the year 2012 the government were trying to bring in a national URL filtering firewall along the lines of China,” Farieha Aziz told Index.
“Then came the YouTube ban in September 2012. We lead a campaign against that and got commitments from businesses around the world not to bid for the tender the government of Pakistan had floated.”
The team have now launched countless internet freedom programmes, published research papers, fought for gender-rights, government transparency, executed successful campaigns and run digital security training sessions all over Pakistan.
“In Pakistan the internet is an unlegislated space, so a lot of our work involves discussions law and policy, and the shape they should be taking and the shape they should not be taking,” says Aziz.
Their biggest fight to date has been taking on the draconian Prevention of Electronic Crimes (PEC) Bill. The proposed legislation includes the criminalisation of political criticism and political expression in the form of analysis, commentary, blogs and cartoons, caricatures, memes; “obscene” or “immoral” messages on social media; posting of photographs of anyone on Facebook or Instagram without their permission; and sending an email or message without the recipient’s permission.
“We were able to get a leaked copy [of the bill] and we went public and we started forming an alliance,” said Aziz. “Our part was really to get people on board and collect people to collectively resist the bill in its current form.”
At every stage of the bill’s dramatic progression, Bolo Bhi been tirelessly campaigning against and shedding light on the legislation, which would have otherwise been quietly passed. They have created a timeline tracking cybercrime legislation with information on every development.
They also organised a series of press conferences, media events and campaigns to raise public awareness about the bill, as well as facilitating a series of consultations on the proposed cybercrime law with activists, lawyers and technology experts.
“Over a period of a year from advocating, trying to get the media to talk about it, we saw that a lot of people, even citizens, were very concerned about it. Across the board this concern resonated and nobody wanted the bill in the form it existed. We thought it would pass in a month, but it’s been almost a year and it’s been held off.”
Last year they also took down Pakistan’s Inter-Ministerial Committee for the Evaluation of Websites, filing a petition in the Islamabad High Court challenging the legality of committee, which is responsible for all official decisions taken to block online content in Pakistan. After a court ruling in March 2015, the IMCEW was disbanded – a win for Bolo Bhi, until the Pakistan Telecommunications Authority was given powers for content management on internet. Bolo Bhi continue to fight against the restrictions.
As well as shaping the debate around internet freedom in Pakistan, Bolo Bhi campaigns tirelessly for women’s rights.
“Gender is an integral part of what we do at Bolo Bhi. Recently we’ve tackled acid crimes, which are particularly perpetrated against women. We launched a social media campaign but we’ve also worked with women’s groups.”
Freedom of expression in Pakistan is a complicated phrase, Aziz says. But Bolo Bhi’s work ensures it is not one that is left unexamined.
