Digital space in Pakistan has long been deregulated which has led to a surge in Cyber crimes like fraud, hacking, Identity theft, blackmailing, and propagation of pornographic content. As the Internet has become an inseparable interface for managing private, personal, and professional affairs, it requires a robust and regulated legal framework to protect human rights from the harms of cyberspace. However, instead of developing a legal and executive framework to protect human rights, Pakistan’s regulatory policy has been marred by restrictions on free speech and unwarranted censorship. Since the ouster of Former Prime Minister Imran Khan from office, governmental policies have been fixated on silencing dissent rather than protecting digital rights. It is doing more harm than protecting digital rights enshrined in both Pakistan’s Constitution and international human rights standards.

Sotirios Roussos has defined digital rights as fundamental human rights in the online sphere. Access to internet devices, information, and platforms (such as Facebook, Twitter, and others), as well as online safe spaces, security and safety, privacy and data protection, gender responsiveness, anti-discrimination, equality, and free speech or expression, are all included. Meanwhile, systematic digital restrictions are infringing digital rights of its citizens in Pakistan.

Pakistan has a history of digital surveillance and censorship either in the name of blasphemy, immoral and dangerous content, or national security. It has seen a ban on YouTube for years which restricted its youth’s right to harness the digital space for accessing its content and monetization to build a career out of it. Presently, its citizens are experiencing bans on X ( formerly known as Twitter) and Facebook and unauthorized surveillance which includes intercepting and tracing calls, censorship of digital communication and accessing the Whatsapp chats in the name of combating disinformation, maintaining public order in the wake of political unrest and national security threats. Not only does this surveillance and censorship restrict freedom of speech and expression, but also the right to privacy, access to information, and participation in the digital economy.

Pakistan stands third in imposing restrictions on digital rights worldwide. The controversial law regulating digital space, ‘’Prevention of Electronic Crimes Act 2016” and the recent Federal Ministry of Information and Technology of Pakistan’s decision, to widen the surveillance powers of the authorities. It allows the regulating authorities to censor online activities and contents and prosecute cyberspace offenders. Likewise, the FIA has been involved in censoring digital activities and prosecuting individuals involved in political activism or challenging the status quo. These legal instruments contradict Islamabad’s High Court ruling that prohibits extensive surveillance and charges penalties for violation. 

In the wake of political instability and alleged political persecution of PTI, there has been a pattern of systematic crackdown on digital advocacy especially on Social media. In addition to the ban on social media, it has also imposed an ‘’Internet Firewall’’, worth 72$ million, which blocks or restricts foreign online traffic. Firewall software has censored content related to political opposition, anti-establishment, and human rights abuses. The government is manipulating PTA to restrict social media apps and enforce firewalls citing national security concerns. Due to the Firewall, the public faced slow internet or even cyber silence which cost students their assignments or theses, freelancers their upwork or Amazon accounts, and social media users network access denial. This online hiatus brought public dissent against the authorities for keeping it in secrecy from the public and infringing their digital rights.

These recurring restrictions and censorship of online activities undermine not only fundamental human rights to privacy, access to information, and cyberspace but also violate the right of individuals to have unregulated access to the international markets to do economic activities like trading goods, services, and other financial instruments. It limits the citizen’s access to the global digital markets and detaches the state from international business avenues.

Furthermore, imposing restrictions using foreign surveillance instruments and restricting digital businesses put a burden on the already crippling economy of the state. According to the Pakistan Software House Association, firewall installation could cost Pakistan up to 300$ million due to internet disruptions.  Due to internet restrictions and app bans, freelancers apply for VPNs which generates doubts about their accounts and results in a ban. They are losing jobs which is a serious setback in a country where youth unemployment is already high. This paints a worst scenario for the economic growth of the state as well as youth’s right to access digital platforms as well as digital employment.

Human rights activists and organizations argue that the government under the shroud of national security is targeting the political opposition, journalists, activists, and challengers of the status quo. It raises concerns about human rights abuse and violations. Recently in protests against the political persecution of Imran Khan, there has been internet blackout and denied the right to access to information and news. Similarly, Elections 2024’s results were also manipulated under the internet blockage.

The future landscape of digital rights in Pakistan remains uncertain. The government and relevant authorities need to realize that the protection of digital rights and robust regulation in favor of the protection of human rights is necessary for the country’s democracy and its ability to participate in the global digital economy. So, Pakistan needs to regulate the digital space while balancing the national security threats with the fundamental human rights in digital space.