Prevention of Electronic Crimes Act, 2016 — Section 2R: Unlawful or offensive online content

2R. Unlawful or offensive online content.__ (1) The Authority shall have the power to issue directions to a social media platform for removal or blocking of online content, if such online content

(a)is against the ideology of Pakistan, etc.;

(b)incites the public to violate the law, take the law in own hands, with a view to coerce, intimidate or terrorize public, individuals, groups, communities, government officials and institutions;

(c)incites public or section of public to cause damage to governmental or private property;

(d)coerce or intimidate public or section of public and thereby preventing them from carrying on their lawful trade and disrupts civic life;

(e)incites hatred and contempt on religious, sectarian or ethnic basis to stir up violence or cause internal disturbance;

(f)contains anything obscene or pornographic in contravention of any applicable law;

(g)is known to be fake, or false or there exist sufficient reasons to believe that the same may he fake or false beyond a reasonable doubt;

(h)contains aspersions against any person including members of Judiciary; Armed Forces, Majlis-e-Shoora (Parliament) or a Provincial Assembly; or

(i)promotes and encourages terrorism and other forms of violence against the State or its institutions.

(2)Without prejudice to any other restrictions in this regard, while reporting the proceedings of the Majlis-e-Shoora (Parliament) or a Provincial Assembly, such portion of the proceedings as the Chairman of the Senate, the Speaker of the National Assembly or, as the case may be, Speaker of the Provincial Assembly may have ordered to be expunged, shall not be streamed or made available for viewing on social media platforms in any manner and every effort shall be made to release a fair account of the proceedings.

(3)The statements of prescribed organizations or their representatives or members thereof shall not be streamed or made available for viewing on social media platforms in any manner. (2S) Handling of complaints by social media platforms.__ The social media platforms shall maintain an effective and transparent procedure for handling complaints about unlawful or offensive online content. The social media platforms shall supply users with any easily recognizable, directly accessible, and permanently available procedure for submitting complaints about unlawful or offensive online content. (2T) Social Media Complaint Council,__ (1) The Federal Government shall by notification in the official Gazette, constitute Social Media Complaint Council which shall consist of a Chairman and four members including one ex-officio member to receive and process complaints made by persons, organizations and general public against violation of any provision of this Act as may be prescribed by regulations.

(2)The Chairman and members other than ex-officio members of the Council shall be appointed by the Federal Government for a term of three years extendable for another similar term on the terms and conditions of service as may be determined by it.

(3)The Chairman and members other than ex-officio member of the Council, shall not exceed sixty-two years of age at the time of their initial appointment.

(4)The Chairman and members of the Council shall be eminent professional having a recognized bachelor’s degree and with fifteen years experience in information technology or law or social media policy governance or related emerging technologies.

(5)Secretary or Additional Secretary of the division to which business of information technology and telecommunication stands allocated shall be the ex-officio member of the Council.

(6)The Chairman or a member of the Council may resign from his office by writing under his hand addressed to the Federal Government through the division concerned.

(7)The Federal Government may remove the Chairman or a member of the Council 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 offence involving moral turpitude and abuse or misuse of authority.

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