Prevention of Electronic Crimes Act, 2016 — Section 2D: Composition of the Authority

2D. Composition of the Authority.__ (1) The Authority shall consist of a Chairperson and eight other members out of which Secretary Ministry of Interior, Chairman PEMRA and Chairman Pakistan Telecommunication Authority (PTA) or any member of PTA nominated by him shall be the ex-officio members.

(2)The Chairperson and five members, other than ex-officio members, shall be appointed by the Federal Government on such terms and conditions as may be determined by it. The Chairperson shall be eminent professional with recognized bachelor’s degree and with fifteen years’ experience in information technology or law or social media policy governance or related emerging technologies.

(3)The Chairperson and members, other than ex-officio members, shall be appointed for a non extendable period of five years/provided the Chairperson or a member does not exceed fifty-eight years of age on the date of his initial appointment.

(4)The following shall qualifications of members, other than ex-officio Members, namely:

(a)a journalist registered with any press club of Pakistan, having not less than ten years of experience, with known professional competence in his field, and minimum qualifications of a bachelor’s degree in-humanities or journalism, recognized by the Higher Education Commission of Pakistan;

(b)a software engineer with a minimum qualification of a bachelor’s degree in software engineering or an allied subject recognized by the Higher Education Commission of Pakistan having not less than ten years of experience;

(c)an advocate with a minimum qualification of a bachelor’s degree in law recognized by the Higher Education Commission of Pakistan having not less than ten years of experience as practicing advocate;

(d)a social media professional with a minimum qualification of a bachelor’s degree in an associated subject recognized by the Higher Education Commission of Pakistan, with ten years of experience in the online and civil rights space; and

(e)a private sector IT entrepreneur with minimum qualification of a bachelor’s degree recognized by the Higher Education Commission of Pakistan and having not less than ten years of field experience.

(5)The Authority may delegate all or any of its functions and powers, other than the functions and powers under Chapter 1B, to the Chairperson or any member or such other officers of the Authority by notification in the official gazette subject to such conditions as it may deem appropriate.

(6)The powers of the Authority in the matters relating to its administration and human resources shall be exercised by the Chairperson in such manner as may be prescribed. (2E) Removal of Chairperson and members.__ (1) The Federal Government may remove the Chairperson or a member, other than ex-officio members, from his office if he is found unable to perform the functions of his office due to mental or physical disability, inefficiency or to have committed misconduct. Explanation.__ For the purposes of this section, the expression “misconduct” means conviction for any abuse or misuse of authority.

(2)In case of a vacancy occurring due to the death, resignation, retirement or removal of Chairperson or any member, other than the ex-officio members, the Federal Government shall appoint another qualified person within a period not exceeding three months from the date the vacancy occurred.

(3)The Federal Government may appoint an acting Chairperson out of the existing members other than ex-officio members for a maximum period of three months, to perform day to day functions. (2F) Meetings of the Authority, etc.__ (1) The Chairperson, or in his absence the member elected by the members present in the meeting, shall preside a meeting of the Authority.

(2)Five members, including at least two ex-officio members and the Chairperson, shall constitute a quorum for meetings of the Authority. Explanation.__ In case of absence of Chairperson, members may elect one member as Chairperson to preside the meeting.

(3)The members shall have the right to receive at least seven days in .advance notice containing time, date and place of the meeting and the agenda of meeting on which decision by the Authority shall be taken.

(4)The decisions of the Authority shall be taken by majority of its members present, and in case of a tie, the Chairperson shall have a casting vote. The presence of members for the purposes of quorum shall be deemed to be adequate if the meeting is carried out through social media platforms.

(5)All orders, determinations and directions of the Authority shall be taken in writing and shall identify the orders, determinations and directions of the Chairperson and members separately.

(6)No act or proceedings of the Authority shall be invalid by reason only of the existence of a vacancy in or defect in the constitution of the Authority. (2G) Powers and functions of the Chairperson.__ (1) The Chairperson shall also function as the chief executive of the Authority and shall perform such functions and exercise such powers as may be delegated by the Authority.

(2)The Chairperson shall have exclusive powers to perform such functions and exercise such powers which require immediate action including issuance of direction for blocking of any unlawful online content: Provided that any such exercise of power or performance of function shall be subject to ratification by the Authority within forty-eight hours: Provided further that such notification can be done by circulation. (2H) Chairperson and members not to engage themselves in certain business, etc.__ (l) The Chairperson or any member, shall not, during the term of office, engage himself in any other service, business, vocation or employment, or enter into the employment of, or accept any advisory or consultancy relationship with any person or entity engaged in applying for the registration from the Authority or operating any media related business within the purview of the Authority or in providing services or products to the Authority on any of the projects, schemes, proposals or plans undertaken, executed or supervised by the Authority or any related undertaking of such aforesaid person or entity. The Chairperson or any member shall not have any direct or indirect financial interest or any connection which might reasonably be viewed as giving rise to a conflict of interest with any person, entity or related undertaking involved in any regulated activity under this Act.

(2)The Chairperson or any member, other than ex-officio members, shall neither, for so long as he holds office and for a period of one year thereafter, seek or hold any office or employment nor acquire or purchase whether in his name or otherwise any interest in any company, corporation, partnership, trust, firm or company carrying on business in any regulated activity or the business of providing consultancy or advisory services to any person undertaking any regulated activity under this Act. (2I) Officers, employees, etc.__ To carry out the purposes of this Act, the Authority may, from time to time, appoint experts, consultants, advisers and other officers and employees on such terms and conditions as may be prescribed and the share of Provinces in the appointment shall be maintained in accordance with paragraph (g) of Article 38 of the Constitution. (2J) Officers, etc. deemed to be public servants.__ The Chairperson, members, other officers and employees of the Authority shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860). (2K) Fund.__ (1) There shall be established a fund to be known as Social Media Protection and Regulatory Authority Fund which shall vest in the Authority and shall be utilized by the Authority to meet its financial needs in connection with carrying out its functions, including expenses incurred in setting up and maintaining offices, purchasing and maintaining, equipment, payment of salaries and other remunerations to the Chairperson, members, employees, experts and consultants of the Authority and any other expenditures that may be incurred in carrying out the purposes of this Act and matters incidental thereto.

(2)The Fund shall consist of

(a)seed money and grant from the Federal Government;

(b)any fee prescribed by the Authority;

(c)loans obtained with special or general sanction of the Government; and

(d)all other sums and additional fees received by the Authority and revenue received from any other source.

(3)The Authority may open and operate one or more accounts in local or foreign currency, in any scheduled bank in Pakistan.

(4)The Authority, may invest its funds in such investments as it may, from time to time, determine, except fund provided by the Government.