Pakistan: Internet filtering must go
ARTICLE 19 is deeply concerned by reports that the Pakistan
Ministry of Information Technology’s recently issued a statement
announcing that they had ‘resolved’ the issue of the YouTube ban by
installing Internet filters. Far from offering a viable solution,
internet filtering poses significant threats to freedom of expression
online.
ARTICLE 19 reminds the Pakistani government that filtering Internet
content is an extremely serious restriction on freedom of expression and
as such may only be justified if it strictly complies with the
three-part test under international law. The four special mandates on
freedom of expression clearly stated in their 2011
Joint Declaration
on freedom of expression and the Internet that “content filtering
systems which are imposed by a government or commercial service provider
and which are not end-user controlled are a form of prior censorship
and are not justifiable as a restriction on freedom of expression”.
Similarly, the UN Special Rapporteur for Freedom of Opinion and
Expression confirmed in his 2011 report that the mandatory blocking of
websites can only be justified if the measure is provided by law and is
necessary and proportionate to the aims listed under Article 19 (3) of
the International Covenant on Civil and Political Rights. In particular,
the Special Rapporteur emphasised that the determination of what
content should be blocked should be undertaken by a competent judicial
authority or independent regulatory body.
ARTICLE 19 believes that the blocking of entire websites and blanket
content filtering should be considered a disproportionate restriction on
freedom of expression. The risks of over-blocking or under blocking are
well-
documented
and restoring legitimate sites that have been mistakenly blocked can be
a difficult process. In our view, filtering can only be justified for
purely technical reasons.
In this instance, it appears that the Pakistan Government is looking to
implement blanket filtering of content on the Internet. This is
emphatically not a proportionate response to concerns arising from one
particular website (YouTube). Furthermore, the determination of what
would be blocked or filtered would plainly be left in the hands of the
government or the company providing or implementing the filters in
breach of the international standards on freedom expression outlined
above.
The filtering of HTTPS traffic that is seemingly intended by the
Pakistani Ministry of IT would also have severe implications for the
right to privacy online, as this kind of traffic cannot be filtered
unless a session is intercepted and unencrypted. In other words, the
installation of filters would result in the surveillance of
all
HTTPS traffic and sessions, such as the sending of emails and online
banking. This would also have a serious chilling effect on freedom of
expression and the free flow of information and ideas online as people
are much more likely to speak freely if they know that their privacy is
protected.
If the media reports are confirmed, ARTICLE 19 strongly condemns the
installation of filters by the Ministry of IT, which displays utter
disregard for the fundamental rights of Pakistani citizens, especially
their rights to freedom of expression and privacy under international
law.
ARTICLE 19 therefore calls on the Pakistani Government to:
-
Immediately abandon any plans to implement internet filters at network level
-
Heed ARTICLE 19’s earlier recommendations regarding the provisions of the Pakistan (Re-Organisations) Act 1996
ARTICLE 19 also notes that the UN Special Rapporteur has recommended
that intermediaries should only implement restrictions on freedom of
expression after judicial intervention. We therefore strongly encourage
Pakistan Telecommunication Company Limited
(PTCL) to refrain from implementing the filters, since this would
clearly amount to a disproportionate restriction on the rights to
freedom of expression and privacy.
