Politicians get nothing when they go home: Rabbani

ISLAMABAD: The legislators in the Senate Wednesday called for legislation under Article 19 to ensure that the Cyber Crime Act was not stifled under the ‘mantra of national security'.

Opposition senators expressed concern over the misuse of the act as a political tool to hit social media and questioned why despite a commitment from the government, the FIA report on the cases and arrests made under the act, was not presented in the House after passage of every six months. One senator called the act a double-edged sword and called for steps to ensure its just application.

The Ministry of Interior’s order was under fire, which was issued not long ago, issuing warning to social media users in the name of national security and national interests. However, the senators insisted there should be no insult of religions, sects, nations, communities, language and culture on social media.

The lawmakers wanted to know why the act was not being applied to check the blatant misuse of the social media by the banned outfits, which had hundreds of web pages and also spread their messages of hate and terror, using the Facebook and other media tools.

Taking part in the debate on a motion on the threat to freedom of expression by misuse of the Electronic Crimes Act and the impunity with which crimes were continuously being committed against journalists and media persons, PPP Senator Farhatullah Babar demanded that the FIA report on the arrests made under the Cyber Crime Act be placed in Parliament as required by the act.

Babar also called for legislation under Article 19 of the Constitution so that freedom of expression might not be unduly stifled behind vague references to national security. “Cases against social media activists had increased after a blanket order issued recently by the Interior Ministry. About 1,000 cases have reportedly registered in a short span of time. The Parliament must know how many cases, the charges and the courts where accused are tried,” he emphasised.

He pointed out last month, a young journalist Zafarullah Achakzai was arrested in Quetta for his Facebook posts asking journalists whether they knew that FC was taking 10 percent commission from owners of coalmines and for allegedly uploading video of a lawmaker involved in a hit and run case of traffic warden in Quetta. “The FC should have come out clean with facts about alleged commission instead of the FIA arresting the journalist,” he noted.

Freedom of expression, he claimed, was under threat from non-state actors in the name of faith. It was now increasingly threatened by the state also in name of ‘national security’. He said that the national security mantra was being overplayed to the detriment of transparency, accountability and freedom of expression.

He noted when questions were asked recently about the allotment of 90 acres of land to a recently retired general, the people were warned against maligning the institution and creating tensions among state institutions'.

He said seeking freedom from all kinds of comments and criticism will not benefit any institution. Total freedom from public comment will only damage our national institutions, he cautioned.

He said that Article 19 of the Constitution and ICCPR guarantees freedom of expression and that any limitations had to be reasonable and only under a law. Babar added offering alternative security narratives or pointing out wrongdoings in the institutions of sacred cows was not undermining security or defaming the institution. It should be seen as strengthening national security.

Senator Azam Swati of PTI said that social media was extremely vibrant but without evidence, mud-slinging was carried out against many persons, therefore, the government must invite stakeholders to see how its use could be made effective. He called for accountability of judges, generals and media power houses: it should not be confined to lawmakers only on the media.

PPP’s Sehar Kamran lamented that the social media was being targeted and Pakistan was already made a police and security state while banned organisations and terrorists had their own web pages, through which they communicated their messages. “But if a common man wants to express his opinion, he faces severest action,” she said.

She claimed the Dawnleaks was the biggest crime unmasked but those, who presented analysis and commented on it on media were met with threats and warnings. She wondered if people would have to live in such security environment despite the long-drawn democratic struggle. She also referred to taping of phones of journalists.

Senator Kenneth of PTI was asked by Senate Chairman Mian Raza Rabbani to focus on the topic when he gave explanation on 90-acre land given to a retired military officer.

“A military officer has to wait for 40 years for such benefits on retirement while the land given to one officer in Cholistan will be developed and people will get jobs there,” Kenneth said, who is a retired brigadier. To this, Rabbani retorted that they waited but would get such benefits at the end while politicians get nothing at all while going back home.

“This all tamasha should be banned on social media. Already the print and electronic media is in the control of state institutions. But there should be some check, as there were four fake IDs pertaining to social media and when I approached the quarters concerned, I was asked these would be eliminated. One such fake ID led to martyrdom of Mashal Khan,” said Usman Kakar of PkMAP.

Senators Karim Khawaja, Tahir Hussain Mashhadi, Mian Muhammad Attique Sheikh, Sirajul Haq, Taj Haider, Hafiz Hamdullah and Kenneth Williams also spoke on the matter. Senator Haider opposed unnecessary checks on social media and said, “You can’t stop water from flowing, if you would do so, it would become stagnant while comparing freedom of expression and opinion making with flowing water. When there is no freedom, there will be no responsibility,” he said.

Later, winding up the debate, State Minister for Interior Baleeghur Rehman said that the government had no ulterior motive behind the law, as it was purely meant to discourage the elements, who were misusing the cyberspace.

The minister explained that after the law came into force, the number of complaints was increasing and noted the number of complaints was 1,782 in 2014, 4,361 in 2015, 9,075 in 2016, while it has gone further up in 2017.

Rabbani said that under the law, the government was bound to present a half yearly report before Parliament, but not a single report was presented to the House since passage of the law.

He directed the Ministry of Interior to present the report in the both the houses of Parliament within one month. The minister said that the reports would be compiled within a week, and be presented in both houses.

Minister of State for Information Technology Anusha Rehman Khan turned up in the House and rose to say that the Federal Investigation Agency (FIA) was the implementing body, and Parliament could summon them anytime if deemed it necessary.

She also dispelled the impression that the government wanted to shut the internet or social media through the law and made it clear there was no truth in such reports.

PTI’s Senator Shibli Faraz said that the subject was quite new for the investigating agencies like FIA, for which the parliamentary oversight was a must to prevent its misuse.

“It’s a very dangerous law, which can be misused, abused, as nobody is clear about the law. Anusha emotionally trapped us to pass the bill, but I would still press that there should be a parliamentary oversight in order to stop its misuse,” he maintained.

Leader of Opposition Senator Aitzaz Ahsan said that the law was like a double-edged sword, which cuts both ways and warned it would have disastrous impact if the parliament did not play its role in monitoring its implementation.

He criticised the government for the controversial law and said that such laws could only turn a country into security state, and it was not a step forward or step towards a welfare state.

“We need to learn and teach our children about the cyberspace, as it is only tool through which we can compete with the modern day world. And any attempt to ban internet will definitely send us back to the stone age,” he said.