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April 5, 2017 - Comments Off on DRF Submits Reponses for the UN Secretary-General Report on the Safety of Journalists

DRF Submits Reponses for the UN Secretary-General Report on the Safety of Journalists

Digital Rights Foundation made its submission to the UN Secretary General report on the safety of journalists on the issue of impunity. In the responses, DRF pointed out that female journalists are susceptible to discrimination and gender-based obstacles both from within their professional spaces and outside it. Female journalists in Pakistan face a double-bind because of their gender: at one level they face the same level of threats and surveillance that journalists face in Pakistan (the fourth most dangerous country for journalist according to the International Federation of Journalists (IFJ)), and the secondly the gender-specific obstacles stemming from being a female journalist in Pakistan. Their reporting on so-called sensitive topics such as civil-military relationships, blasphemy laws, and stories contradicting the state narrative make them more susceptible to state and social surveillance.

Within Pakistan, the Protection against Harassment of Women at the Workplace Act, 2010 protects female journalists from discrimination and harassment within the workplace. The impact of this law is not as clear-cut. Journalists who have the lodged sexual harassment complaints within media houses have faced a backlash at times.

In terms of international humanitarian law violations, journalists are quite susceptible to conflict driven violence and attacks from terrorists, sectarian groups and armed operations. Many journalists have lost their lives while covering events that have been attacked. Compensation in these cases takes place as per labour and social security laws. There have been several proposal for the protection and welfare of journalists but nothing concrete has been passed.

Through our research “Surveillance of Female Journalists in Pakistan”, we have learnt that media houses are far from perfect when it comes to addressing rampant sexism within the organization. The respondents in our research told us that these organizations are not equipped to support women when they file cases of sexual harassment. Furthermore, female journalists posit that line managers and editors tend not to take online abuse and digital surveillance as seriously, especially when it hasn’t translated into physical threats. This puts female journalists at a huge disadvantage because they are more likely to receive physiological threats and surveillance.

Digital Rights Foundation conducts workshops and training sessions for female journalists. Often times digital security and self care is a neglected aspect of security for journalists and a facet that is often ignored in mainstream discussions. For this reason DRF sees itself as addressing a real gap in terms of safety of journalists. These sessions are being held in conjunction with press clubs to deliver basic anti-harassment and digital security training to reporters, editors and web-based journalists. A digital security handbook (living document) for journalists has also been developed as part of our training program with basic security guidelines and tips for female journalists.

April 5, 2017 - Comments Off on DRF’s Submission to UN Human Rights Commission For The Report To Bridge Gender Digital Divide

DRF’s Submission to UN Human Rights Commission For The Report To Bridge Gender Digital Divide

Digital Rights Foundation submitted responses to the UN Office of the High Commissioner for Human Rights (OHCHR) to prepare a report on ways to bridge gender digital divide from a human rights perspective. In its submission, DRF identified the dire need to address the digital divide promoted by gender, and that women are particularly disadvantaged in terms of their position in society, workplace and even in relation to their own families with the same wage bracket. For these reasons barrier to digital technologies and digital life are more enhanced for women.

Political reasons also act as barriers to access to digital technologies. For instance, the internet has been shut down in FATA for security reasons, as well as to silence political dissent. While this might seem like gender-neutral factor, our research has found that women are more impacted by such politically motivated shutdowns given that they cannot travel to internet cafes that have sprung up in the region.

Digital Rights Foundation has also been critical of applications geared towards women. Several smart-phone applications are emerging that are aimed specifically at women, both by the state and the private sector, and there is a need to critically analyse the claims that these apps make regarding increased security for women. Furthermore, as space opens up in Pakistan for web-based delivery of services, DRF is engaging in research that aims to highlight the privacy violations as well the impact on the women who use these services. This is precisely why DRF is working towards privacy and data protection legislation that will ensure more rights for users and protect vulnerable groups, such as women, from surveillance and discrimination.

The recommendations that DRF proposed to bridge digital gender divide emphasized on the importance to make the industry stakeholders aware of their responsibility to ensure better privacy policies when it comes to the personal data of users. Data breaches and violations of privacy can have serious consequences for women. In Pakistan, with the absence of data protection laws and obligations, it is even more important to engage with the industry and communicate their responsibility in protecting users’ data and right to privacy.

The tech community should take measures to ensure the promotion of more women to leadership positions and to have more representation from women and marginalized communities. This representation is important because the presence of women will mean more gender-sensitive policies and a better understanding of the issues that women face. it is important to ensure that the companies working towards gender issues and on gender empowerment engage with these themes meaningfully rather than superficial efforts or as marketing ploys. Many tech companies own social media platforms which are the primary site of online harassment, bullying, blackmail and violence. These companies need to have contextually-sensitive policies for protecting the privacy, dignity and personal integrity of women in online spaces. Tech companies also need to ensure that efforts to ensure accessibility should be done in the principle of net neutrality and the principle of free access should be upheld in efforts to improve coverage and accessibility.

April 4, 2017 - Comments Off on Digital Rights Foundation Submits Universal Periodic Review 2017 Report for Pakistan

Digital Rights Foundation Submits Universal Periodic Review 2017 Report for Pakistan

Digital Rights Foundation made a submission for the Universal Periodic Review (UPR) for Pakistan 2017 on the topic of “Gender Rights in Pakistan: Online violence, Free Speech and Access to Information”. The aim of this submission was to advocate for the digital-specific rights for the citizens of Pakistan. The report incorporated the issues of gendered digital violence, digital rights, freedom of expression (FOE), privacy, violence against women and surveillance.

The report highlighted the issues of digital rights and violence with regards to women and sexual minorities, including the right to speech in online spaces, right to privacy, freedom from digital surveillance, electronic violence against women (eVAW), and access to digital technologies and spaces. The submission refers to the UN Human Rights Council’s resolution that “the same rights that people have offline must also be protected online, in particular Freedom of Expression, which is applicable regardless of frontiers and through any media of one’s choice”.

The report addresses the need to apply a gendered perspective to digital rights, and recommendations need to be injected into the UPR process that specifically address eVAW and the digital gender divide. It outlines the major incidents and advancements around access to digital technology, including the lowest internet usage density in Pakistan, the suspension of telecom and internet services, and the gender gap in usage and ownership of mobile phones in Pakistan. It also highlights that women, especially women journalists, women human rights defenders and activists, experience internet different from men. They are denied access to spaces due to gender disparity, stereotypical and cultural expectations on how women should behave online, cyber harassment, sexualised threats and violence stemming from online activities-impeding women’s right to free speech online, political participation, information and association.

The submission report states that since the last UPR submission process, Pakistan’s situation of free speech has declined both online and offline due to a concerted effort on part of the GOP to regulate online spaces. With the passage of Prevention of Electronic Crimes Act 2016 (PECA), the government has been granted sweeping powers on the online content. Whereas, the Pakistan Electronic Media Regulatory Authority (PEMRA) Ordinance 2002 allows PEMRA to regulate speech and programming on electronic media. It also mentions the patterns of censorship by the Government of Pakistan on multiple occasions without prior notices and further explanations.

Lastly, the report puts forward the recommendations to ensure the gender based digital rights in Pakistan. These recommendations include campaigns specifically for women to increase digital literacy in rural areas, ensuring affordable and unhindered access to the internet and electronic devices, providing cheaper and subsidized internet access to women along with special discounts to promote the ownership of internet connections among women, amending or repealing legislation that violates Pakistan’s international obligations regarding freedom of expression, setting up dedicated departments for online violence against women in FIA's Cyber Crime Wing (Nr3C) and other law enforcing agencies (LEAs) with increased female staff and properly gender-sensitized officers, legislating data protection law in line with international human rights principles, and awareness campaigns around online harassment, digital security, and the mechanisms in place to address it.

December 16, 2015 - Comments Off on UN Expert Urges Pakistan to Ensure Protection of Freedom of Expression in draft Cybercrime Bill

UN Expert Urges Pakistan to Ensure Protection of Freedom of Expression in draft Cybercrime Bill

The United Nations’ Special Rapporteur on freedom of opinion and expression, Mr. David Kaye, recently shared with the Government of Pakistan his concerns with the draft Cybercrime Bill currently pending before the National Assembly.

Digital Rights Foundation shared its analysis of the Cybercrime bill with Mr. David Kaye for the statement, which can be found here.

November 14, 2014 - Comments Off on Press Release: 1st National Conference on Privacy Rights and Digital Surveillance in Pakistan

Press Release: 1st National Conference on Privacy Rights and Digital Surveillance in Pakistan

Islamabad, November 14, 2014: Digital Rights Foundation organized country’s first National Conference on privacy rights and digital surveillance today in Islamabad. The focus of this national conference was to start a debate around the lack of legislation and laws pertaining to cyber space with a focus on privacy. During this conference, Waqas Mir, a lawyer from Lahore having expertise in constitutional laws and free speech, presented a comprehensive whitepaper on surveillance in Pakistan. This whitepaper took the audience and readers through the history and development of legislation around privacy and surveillance in the country with a focus on recently drafted Fair Trial Act 2013.

DRF in partnership with Privacy International and Freedom Network organized this event to bring together members from all stakeholders including lawyers, parliamentarians, journalists, civil society, and the public to create a serious and continuous debate around having a consistent approach between surveillance and privacy. Multiple panels and session talks were held discussing global and local perspectives of surveillance in the digital age. Panelists also talked about solutions that could be employed taking examples from other countries world over while going over the case studies where common citizens, journalists, feminists, and dissidents at large have been harassed and attacked.

Senator Afrasiab Khatak, former member of National Assembly Bushra Gohar, and Ben Wagner, international expert on export of surveillance technologies were also part of the panels among other distinguished speakers. The conference concluded by recommending public to use their Right to Information more assertively and frequently and by demanding government to ensure transparency and publish annual report on the number of warrants granted for surveillance, and the number of offences prevented by surveillance or interception of information.

The key points that were raised during this national conference on privacy and surveillance include:

Growing concerns over tools / mechanisms employed by government especially after FinFisher’s license expiry in 2013
Concerns shared by the journalism community over how surveillance has negatively impacted the standards of journalism in the country
Urgent need of legislation around digital security to safeguard citizens
Understanding of government’s need to employ legal surveillance in the face of serious terrorism threats, however, with strict definitions of ‘national security’ and ‘national threats’ while being proportionate to citizen’s privacy
The need to rethink the process of creating the laws putting protection before punishment and not the other way around
Palpable urgency felt to have a strong relationship between activists and political parties on privacy and surveillance concerns

National conference on surveillance this year tried to gear start the debate around privacy and surveillance in the country. However, it will be furthered by the support of stakeholders and will be held annually to create a strong network producing tangible results and putting forward suggestions for the government.

Contact: [email protected]

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Digital Rights Foundation (DRF) is a research based advocacy organisation based in Pakistan focusing on ICTs to support human rights, democratic processes and better digital governance. DRF opposes any and all sorts of online censorship and violations of human rights both on ground and online. We firmly believe that freedom of speech and open access to online content is critically important for the development of socio-economy of the country. @digitalrightsPK

July 13, 2014 - Comments Off on Why exactly is ‘Protection of Pakistan Act’ problematic?

Why exactly is ‘Protection of Pakistan Act’ problematic?

Signed today into law by President Mamnoon Hussain, Protection of Pakistan Act is an extremely repressive law giving unquestionable powers to armed and police forces. Human Rights Watch (HRW) and the civil society of Pakistan has aggressively opposed the bill for curbing fundamental constitutional and human rights.

Several provisions of PPA, 2014 are problematic along with a number of vaguely defined terms that can be misused by Law Enforcement Agencies (LEAs). As the powerful elite of the country has most of the police loyalties with the legal system already in a shambles, PPA gives “green light for abusing suspects”, as put by HRW.

The new law doubles the maximum sentence for terrorism offences to 20 years and permits security forces to shoot suspects on sight. The scheduled offences are not only non-bailable but keep the burden of proof on the detainee who will be considered guilty unless proven otherwise.

The provisions of Protection of Pakistan Act 2014 also give safe-outs to police officers of BPS-15 grade or higher on the basis of good faith which can create huge troubles in the country where police is hardly trusted by the citizens.

Here are the details on why exactly the civil society opposes Protection of Pakistan Act and what are the problematic provisions. Please share the details widely among your circle to better inform your friends and families about this law which will remain in effect for two years and can have huge repercussions for a common citizen, bloggers, and especially dissidents.

July 1, 2014 - Comments Off on Senate Passes the Repressive Anti-Terror Protection of Pakistan Bill against Civil Society Will

Senate Passes the Repressive Anti-Terror Protection of Pakistan Bill against Civil Society Will

In the wake of the ongoing military operation in North Wazristan, Senate has passed the controversial Protection of Pakistan Bill 2014 unanimously with both the government and opposition consensus. This is a reminder for the citizens of the country as it has often been a case that controversial and repressive bills are easily passed when security situation is going out of control. The recent battle on terrorism gives an ample reason to the government to quell any dissenting opinions about the Protection of Pakistan bill and tag such opinions as anti-Pakistan.

Presented by the Minister Zahid Hamid, Protection of Pakistan bill 2014 was earlier passed by the National Assembly in April this year. Considered as one of the most regressive and draconian laws of the country, the bill created quite a commotion in the digital media fora of the country as the law clearly inhibits fundamental rights of freedom of speech and internet privacy of users.

Essentially, Protection of Pakistan Bill 2014 gives an enormous level of power to law enforcement agencies in order to tackle terrorism with judicial oversight to increase conviction. This bill enables the agencies to withhold the information of a detainee except from a High Court or Supreme Court along with reserving the right to appeal a judgement in high courts. This has been termed by the human rights activists as a bill which could potentially be used to palliate the Baluchistan Missing Persons case.

Digital Rights Foundation considers the passage of this bill as a clear deviation from the basic rights of speech and criticism that could be made on governmental policies, et ecetra. Protection of Pakistan bill 2014 could be used to suppress peaceful political opposition and the accused will be assumed to be engaged in waging a war or insurrection against Pakistan, unless established otherwise. Internet based offences that comes under the scheduled offenses of this bill are quite vague and can hurt the Internet security and privacy of a common citizen.

While the civil society understands the need of a rigid policy against terrorism in the country, the people of Pakistan have been suffering from similarly stern bills over the last decade and more. If anything this bill should have created more privacy and security protections for the citizens, let alone impeding provisions to hinder their rights to basic freedom of speech.

Also please read our open letter to Senate of Pakistan regarding Pakistan Protection Ordinance 2014

Contact: [email protected]

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Digital Rights Foundation is a research based advocacy organisation based in Pakistan focusing on ICTs to support human rights, democratic processes and better digital governance. DRF opposes any and all sorts of online censorship and violations of human rights both on ground and online. We firmly believe that freedom of speech and open access to online content is critically important for the development of socio-economy of the country. www.digitalrightsfoundation.pk

April 15, 2014 - Comments Off on An open letter to Senate of Pakistan regarding Pakistan Protection Ordinance 2014 "Pakistan’s new law: no free speech… and you’re a terrorist unless you can prove otherwise"

An open letter to Senate of Pakistan regarding Pakistan Protection Ordinance 2014 "Pakistan’s new law: no free speech… and you’re a terrorist unless you can prove otherwise"

Respected Senators,

The recent uproar over the Pakistan Protection Ordinance 2014 has created quite a stir in the country’s digital media platforms, and rightly so. The Government of Pakistan has recently passed, what appears to be, the most draconian and regressive anti-terror law in the National Assembly. The Pakistan Protection Ordinance 2014 has already been signed by the President and will soon be presented - and most likely approved - by the Senate on April 20, 2014.

The proposed law clearly inhibits fundamental rights to freedom of speech, privacy and peaceful assembly on the Internet. In its current form, the law could be used to suppress peaceful political opposition and criticism of government policy online, on social media for instance. In its schedule of offences, the law also lists “crimes against computers including cyber crimes, internet offenses and other offenses related to information technology etc". Also, instances where a person who commits any crime mentioned in the scheduled offenses becomes a cognizable and non bailable offense.

Any person accused within the sphere of scheduled offences will be liable to face a charge on grounds of reasonable evidence against him/her, and will be assumed to be engaged in waging a war or insurrection against Pakistan, unless he/she establishes his/her non-involvement in the offence, which reverses the burden of proof and undermines the right to due process and fair trial. The scheduled offence shall be punishable with imprisonment, which may extend to 10 years, with fine and confiscation of property.

The provision regarding internet crimes is so vague that it can be abused against journalists, politicians, minorities, students, activists, political dissidents and groups who are using the internet for activities which would not in any way be counted and ascertained as terrorism. From a due process perspective, there doesn’t seem to be a very strong case for introducing cyber crimes in the PPO 2014, when a separate Electronic Cyber Crime bill is already being drafted. So, what is the true intent of introducing an additional or supplementary provisions with regard to “Internet Crimes”?

The state of open access to internet in our country is dismal. In the 2013 Freedom on the Net report, Pakistan’s Internet freedom status in 2012-13 was ‘Not Free.’ The introduction to the report states: Successive military and civilian governments have adopted various measures to control the internet in Pakistan, which they frame as necessary for combating terrorism. In Freedom of Press, Pakistan ranks 159 among 179 countries. In the planned Ordinance, provision related to warrant less raids is in violation of Article 14 of our Constitution.

With the Electronic Cyber Crime bill, Pakistan has the momentous opportunity to set the benchmark in South Asia and the Global South in right to free speech online. This right necessitates freedom from persecution for all citizens who use digital communications platforms to express opinions, dissent, or critique against the state. As Benjamin Franklin said, “Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech.”

In an era where individuals, non-governmental organizations and international institutions rely on the multiplier effect of social media and digital news outlets to highlight issues of injustice and human rights violations, it doesn’t augur well for the country’s freedom of speech and human rights index to even consider this Ordinance.

Digital Rights foundation demands and calls on the senators to protect the rights to freedom of speech and privacy in accordance with Pakistan's obligations under international conventions, remove the clause of cyber crimes from Pakistan Protection Ordinance 2014 and revise the law with the consultation of relevant stake holders.

Contact: [email protected]

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March 25, 2014 - Comments Off on Pakistan: The Draft Computer Crimes Law Endangers Freedom of Expression

Pakistan: The Draft Computer Crimes Law Endangers Freedom of Expression

For IMMEDIATE RELEASE:

Lahore, March 25, 2014: ARTICLE 19 and Digital Rights Foundation Pakistan are concerned about the draft Prevention of Electronic Crimes Act of Pakistan 2014 (Draft Law), currently being prepared for presentation in the Pakistan Parliament. Although the Draft Law contains a number of welcome procedural safeguards, several provisions violate international standards on freedom of expression. We call on the Pakistan Government to amend the Draft Law in accordance with our recommendations below before it is submitted for the consideration of the Parliament.

The Draft Law, which has been drafted by the Ministry of Information Technology and Telecommunications, establishes specific computer crimes and procedural rules of investigation, prosecution and trial of the offences. The Draft Law incriminates the illegal access to and interference with program or data or information systems, cyber terrorism, electronic forgery and fraud, the making of devices for use in offences and unauthorized interception.

ARTICLE 19 and Digital Rights Foundation welcome the efforts of the Pakistani Government to provide adequate procedural safeguards in the context of cybercrime investigations. However, we recall that the regulation of computer crimes engages the protection of human rights that must be considered in the respective legislation, in particular:

• Article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Pakistan acceded in 2010, defines the right to freedom of expressions and sets out the requirements for limitations on the right. States can limit freedom of expression only in the interest of protection of reputation, national security, public order, health and morals. The limitations must be clearly defined in law and be necessary and proportionate to secure one of those aims. States must refrain from exercising this discretion in a discriminatory manner. Article 17 of the ICCPR guarantees the freedom of individuals from arbitrary or unlawful interference with his privacy and correspondence.

• General Comment No.34, which provides authoritative guidance on the interpretation of Article 19 of the ICCPR, states that extreme care must be taken in crafting and applying laws that purport to restrict expression to protect national security. Whether characterised as cyber-crime laws, treason laws, official secrets laws or sedition laws they must conform to the strict requirements of Article 19(3).

• In General Comment 16 of on the Right to Privacy, the UN Human Rights Committee states that interference by states can only take place on the basis of law which itself specify in detail the precise circumstances in which interference may be permitted.

• The 2011 Joint Declaration on the Right to Freedom of Expression and the Internet adopted by the four international special rapporteurs on freedom of expression representing the Americas, Europe, Africa and the United Nations (UN) emphasizes that standards of liability in cases relating to the internet must take into account the overall public interest in protecting both the expression and the forum in which it is made, (i.e. the need to preserver the “public square” aspect of the Internet).

• From a comparative perspective, the Council of Europe Cybercrime Convention (2001) provides basic procedural safeguards and guidance on how to draft cybercrime legislation in accordance with human rights standards.

In the light of these standards, ARTICLE 19 and Digital Rights Foundation remain concerned that the Draft Law violates international standards for several reasons:

• Lack of clear definitions: a number of definitions in the Draft Law are unclear, notably the definition of ‘content data’, which partially reproduces the definition of ‘computer data’ as stipulated in the Council of Europe Convention on Cybercrime (2001). This is confusing as computer data and content data are separate concepts. In other instances, the draft law fails to define important terms such as ‘information systems’ or ‘programme or data’. The lack of clear definitions in the draft law makes it more open to abuse and likely to catch innocuous behaviour, such as accessing a website in breach of its terms of service. By the same token, it endangers the right to freedom of expression. We recommend that ‘content data’ is replaced by ‘computer data’ in the Draft Law and refer to the Cybercrime Convention for a definition of ‘computer systems’.

• Lack of public interest defence for hacking-type of offences: The Draft Law criminalises unauthorised access to information systems, programmes or data. While the Draft Law is presumably aimed at criminalising ‘hacking’, it fails to provide a public interest defence when this type of conduct takes place for legitimate purposes, such investigative journalism or research.

• Overly broad cyber-terrorism offence: Section 7 (a) and (b) fails to make an explicit reference to "violence" as part of the offence of cyber-terrorism. Cyber-terrorism should be more clearly linked to the risk of harm or injury in the real world, and in particular harm against the welfare of individuals. It should not be equated with even moderate disruption of public services or damage to property. It is not clear that sections 7 (1) (b) (i) and (ii) would meet that threshold if read independently from Section 7 (1) (b) (vi).

• Criminalisation of “defamation against women”: Although the attempts to offer special protection to women (e.g. through prohibitions on threatening sexual acts) are laudable, we find the provisions of Section 13 of the Draft Law problematic. Section 13 criminalises “defamation against women” and other vaguely phrased offences, such as “distorting the face of a woman”. We recall that, in its General Comment 34, the UN Human Rights Committee stated that states parties should consider the decriminalization of defamation and, in any case, the application of the criminal law should only be countenanced in the most serious of cases. Also, the provisions of Section 13 fail to meet the three part test, as they are not formulated with sufficient precision to enable individuals to regulate their conduct in accordance with the law. We therefore recommend that Section 13 be revised.

• Lack of procedural safeguards against surveillance activities carried out by intelligence agencies: although efforts have been made to provide effective procedural safeguards against unchecked surveillance by law enforcement agencies (e.g. section 30), the same is not true of intelligence services, which remain subject to the provisions of the Pakistan Telecommunications (Re-Organisation) Act 1996. This is a serious concern as this means that the Pakistani intelligence services effectively have carte blanche to carry out mass surveillance without meaningful oversight (see ARTICLE 19’s analysis of the Pakistan Telecommunications (re-Organisation) Act). In our view, if the Draft Law were to be adopted in its current form, it would be in breach of the right to freedom of expression and privacy under international law.

We call on Pakistani legislators to protect the rights to freedom of expression and privacy in accordance with Pakistan’s obligations under international and review the Draft Law in line with the above recommendations.

Contact: [email protected]

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September 22, 2013 - Comments Off on Call for Participation: Digital Security Workshop in Lahore

Call for Participation: Digital Security Workshop in Lahore

Digital Rights Foundation is pleased to announce a day long digital security training being organized in partnership with Shirkat Gah and Bolobhi. Journalists, bloggers, writers, human rights defenders and students in Lahore are invited to apply for this workshop. The training sessions will be conducted on Thursday, September 26, 2013.

This workshop aims at equipping the participants with the skills and techniques necessary for staying safe online. One of the purposes of this training is to enable the participants carry out similar workshops within their organizations and share the experience gained through their networks.

If you meet the eligibility criteria and would like to participate in this training, please submit a statement of interest along with a brief bio outlining your work to nighat@digitalrightsfoundation.pk. In the statement of purpose, demonstrate your interest by clarifying how the experience gained through this training program will help you in pursuing your goals personally and professionally. You may also indicate how this program relates to your future aspirations regarding digital security.

Further information regarding the event will be shared with the selected participants. The applicants must send their applications by September 24th, 2013. Late submissions will not be considered.

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