RESEARCH METHODS

RESEARCH PROPOSAL

SUBMITTED BY:

MR. NADEEM AMIN (048)

RESEARCH SUPERVISOR:

SIR RAFI

SUBMITTED TO:

SIR ILYAS KHAN

CLASS: LL. B. – 9B

SCHOOL OF LAW,

BAHRIA UNIVERSITY ISLAMABAD

 RESEARCH TITLE

“Deciphering The Ambiguities of Digital Laws Set to Limit Freedom

of Expression: A Case Study of PEC Act, 2016”
 Table of Contents
Thesis Statement........................................................................................................................3
Introduction................................................................................................................................3
Literature Review.......................................................................................................................3
Research Questions....................................................................................................................3
Research Objectives...................................................................................................................3
Research Methods and Methodology.........................................................................................4
Tentative Outlines......................................................................................................................6
References..................................................................................................................................7

Thesis Statement

The thesis aims to critically analyze the ambiguities within the Digital Laws, specifically
focusing on the Pakistan Electronic Crimes Act, 2016, and its potential impact on limiting
freedom of expression. By examining relevant case studies, this research seeks to shed light
on the complexities and challenges faced in interpreting and implementing these laws,
ultimately highlighting the need for a balanced approach to protect both digital rights and
societal interests.

Introduction

In the era of digital advancements, the internet has revolutionized the way we communicate,
share information, and engage in public discourse. However, with the increasing influence
and impact of digital platforms, there arises a need for regulations to govern online activities
and ensure the protection of societal interests. One such legislation introduced to address
these concerns is the Pakistan Electronic Crimes Act, 2016. The Pakistan Electronic Crimes
Act aims to regulate digital content and curb the misuse of online platforms. While the
intention behind such laws is often commendable, there are inherent ambiguities within the
legislation that pose a potential threat to freedom of expression. This thesis aims to critically
analyze the complexities of the Digital Laws, with a specific focus on the Pakistan Electronic
Crimes Act, 2016, to understand their implications on curtailing freedom of expression and to
explore the challenges faced in their interpretation and implementation.
Freedom of expression is a fundamental right that forms the cornerstone of a democratic
society. The advent of the internet has provided individuals with unprecedented opportunities
to exercise this right, allowing for the free flow of ideas, opinions, and information. However,
the introduction of digital regulations, such as the Pakistan Electronic Crimes Act, raises
concerns regarding the potential impact on this cherished freedom. This thesis seeks to delve
into the intricacies of the Pakistan Electronic Crimes Act, examining its provisions, legal
precedents, and case studies to understand how these regulations can potentially limit the
scope of freedom of expression. By analyzing real-world scenarios and the challenges faced
by individuals and organizations in adhering to the law, this research aims to shed light on the
delicate balance between regulating digital content and safeguarding constitutional rights.

The interpretation and implementation of digital laws, particularly the Pakistan Electronic
Crimes Act, present a multitude of challenges. The vagueness and broad language used in the
legislation often leave room for subjective interpretations, creating uncertainty and potential
misuse. Additionally, the rapid evolution of technology poses further challenges in
effectively applying these laws to the ever-changing digital landscape. This thesis will
explore the practical challenges in enforcing the Pakistan Electronic Crimes Act, examining
issues such as jurisdictional complexities, technological advancements, and the role of
intermediaries in content moderation. By analyzing these challenges, this research aims to
provide valuable insights and recommendations for a balanced approach to protect both
digital rights and societal interests, while ensuring that freedom of expression remains
safeguarded in the digital age.

Literature Review

Research Questions

1. How does the PECA,2016 language contribute to ambiguity regarding freedom of

expression and how have Pakistani courts interpreted the PECA,2016 in cases
involving online expression, and have there been inconsistencies?
 2. To what extent has the PECA,2016 been used to restrict legitimate online content or
silence critics (journalists, activists, social media users)? And how has the PECA
impacted the overall level of online expression in Pakistan?
3. What potential solutions or amendments to the PECA could balance national security
concerns with the right to freedom of expression, considering international best
practices?

Research Objectives

The primary objective of this research is to conduct a thorough analysis of digital rights
violations in Pakistan, specifically focusing on the prevalent issues of internet shutdowns and
online censorship orchestrated by the government. In this introductory section, the study aims
to provide context for the pervasive nature of these violations and their impact on the broader
landscape of digital rights and freedoms in the country. By highlighting the significance of
the topic, the research aims to underscore the urgency and importance of addressing these
violations within the Pakistani context.
Building upon the introductory context, this research endeavors to delve into the
multifaceted impact of internet shutdowns and online censorship on the legal rights to
freedom of expression and access to information for citizens in Pakistan. Through the
examination of case studies and empirical data, the study seeks to elucidate the ways in which
these violations impede individuals' ability to freely express themselves online and access
vital information, thereby infringing upon their fundamental rights and freedoms.
A key aim of this research is to investigate the primary legal justifications provided by the
Pakistani government for implementing internet shutdowns and online censorship measures.
This involves a comprehensive analysis of relevant laws, regulations, and government
policies to discern the rationale behind these actions. Furthermore, the study seeks to evaluate
the existing legal and institutional frameworks governing digital information in Pakistan. By
examining the alignment of these frameworks with international standards of free access to
information, the research aims to identify potential gaps and areas for improvement.
To achieve these objectives, this study will employ a variety of research methods, including
the analysis of case studies, empirical data, journal articles, government reports, and
document analysis. Through a rigorous examination of these sources, the research aims to
provide a comprehensive understanding of the mechanisms and dynamics underlying digital
rights violations in Pakistan. Additionally, the study will seek to draw connections between
these violations and broader societal trends, political dynamics, and technological
advancements shaping the digital landscape in the country.
Ultimately, this research aims to contribute to the ongoing discourse surrounding digital
rights in Pakistan and provide insights for potential policy interventions aimed at
safeguarding these rights. By shedding light on the prevalence and implications of internet
shutdowns and online censorship, the study seeks to advocate for the protection of
fundamental freedoms and the promotion of a more open and inclusive digital environment in
Pakistan. Through its findings and recommendations, the research aims to empower
policymakers, civil society organizations, and advocacy groups to enact meaningful change
and uphold digital rights for all citizens.
Research Methods and Methodology

The dissertation will employ qualitative research methods to undertake a comprehensive

analysis of digital rights violations in Pakistan, focusing specifically on case studies of
internet shutdowns and online censorship executed by the government. To achieve this, the
dissertation will utilize both primary and secondary sources of information, including legal
statutes, regulatory frameworks, scholarly literature, government reports, research papers,
journal articles, and international human rights guidelines. This will facilitate an exploration
of the mechanisms and implications of internet censorship and the impact of internet
shutdowns on citizens' rights and freedoms in Pakistan.

Moreover, the dissertation will employ a combination of doctrinal research and case study
methodologies to address the complexities surrounding digital rights violations in Pakistan.
The doctrinal research methodology will involve an exhaustive examination of the legal and
institutional frameworks governing internet filtering and censorship in Pakistan. This
includes a detailed review and analysis of primary legal sources such as statutory provisions,
regulatory frameworks established by the Pakistan Telecommunications Authority (PTA),
directives from the Federal Investigation Agency (FIA), rulings from the Supreme Court of
Pakistan, and guidelines from the Ministry of Information Technology (MoIT). Additionally,
secondary sources such as scholarly articles, government reports, regulatory documents, and
industry analyses will be scrutinized. By examining these legal instruments and documents,
the study aims to provide a systematic understanding of the regulatory landscape governing
digital rights in Pakistan, including the roles and responsibilities of relevant authorities such
as the PTA, FIA, Supreme Court, and MoIT.

In parallel, the dissertation adopts a case study approach to analyze specific instances of
internet shutdowns and online censorship in Pakistan. This approach will involve selecting
and examining notable case studies where the government has implemented internet
shutdowns or censorship measures. The case study analysis will identify patterns, causes, and
consequences of these actions, comparing them with international norms and standards on
digital rights and internet freedom. Through this comparative lens, the study aims to highlight
the discrepancies, gaps, and implications of Pakistan’s approach to internet regulation.
Ultimately, the dissertation aims to provide recommendations for policy interventions aimed
at safeguarding digital rights in Pakistan. Drawing on insights from both doctrinal research
and case study analysis, the study will propose legislative reforms, regulatory measures, and
institutional mechanisms to enhance protections against digital rights violations. These
recommendations will aim to align Pakistan’s internet governance practices with international
human rights standards, contributing to the broader discourse on digital rights and internet
freedom.
Tentative Outlines
Chapter 1: Legal and Institutional Frameworks for Regulating Digital Information in
Pakistan
1.1 Introduction
 Overview of digital rights and their importance in the contemporary world
 Contextual background on Pakistan's digital landscape
1.2 Legal Frameworks
 Examination of key legislation regulating digital information in Pakistan
(e.g., Pakistan Electronic Crimes Act (PECA) 2016)
 Detailed analysis of other relevant laws and regulations impacting digital
rights
1.3 Institutional Frameworks
 Description of the main governmental and non-governmental bodies involved
in regulating digital information
 Roles and responsibilities of institutions like the Pakistan Telecommunication
Authority (PTA), Ministry of Information Technology, and Federal
Investigation Agency (FIA)
1.4 Government Justifications for Internet Shutdowns and Online Censorship
 Analysis of official statements, policy documents, and legal justifications
provided by the Pakistani government
 Discussion on national security, public order, and moral considerations cited
as reasons for digital regulations

Chapter 2: Impact of Internet Shutdowns and Online Censorship on Legal Rights to

Freedom of Expression and Access to Information in Pakistan
2.1 Introduction
 Brief overview of the significance of freedom of expression and access to
information in democratic societies
 Contextualization within the Pakistani socio-political landscape
2.2 Freedom of Expression under Pakistani Law
  Detailed analysis of constitutional provisions and legal protections for
freedom of expression in Pakistan
 Examination of case law and judicial interpretations of these rights
2.3 Instances of Internet Shutdowns and Online Censorship
 Compilation and description of notable cases of internet shutdowns and online
censorship in Pakistan
 Case studies of significant events (e.g., political protests, sensitive religious
periods, national security incidents)
2.4 Impact on Freedom of Expression
 Analysis of how internet shutdowns and censorship hinder citizens' ability to
express themselves freely
 Discussion on the chilling effect on free speech and the culture of self-
censorship among journalists, activists, and ordinary citizens
2.5 Impact on Access to Information
 Examination of how access to information is compromised during shutdowns
and censorship periods
 Case studies on the disruption of communication channels, media blackout,
and the hindrance of access to critical information
Chapter 3: Alignment of Digital Rights Violations and Online Censorship with
International Standards
3.1 Introduction
 Overview of international standards for freedom of expression and access to
information
 Introduction to key international treaties, agreements, and declarations
relevant to digital rights (e.g., Universal Declaration of Human Rights
(UDHR), International Covenant on Civil and Political Rights (ICCPR), and
resolutions by the United Nations Human Rights Council)
3.2 International Legal Frameworks for Digital Rights
 Detailed analysis of international laws and standards protecting digital rights
 Examination of the role of international organizations like the United Nations,
Internet Governance Forum (IGF), and International Telecommunication
Union (ITU)
3.3 Pakistan's International Obligations
 Overview of Pakistan's commitments under international treaties and
agreements concerning digital rights
 Analysis of Pakistan’s periodic reports to international bodies and the
responses from these organizations regarding digital rights
3.4 Comparative Analysis: Pakistan vs. International Standards
 Comparative study of Pakistani laws and practices concerning internet
shutdowns and online censorship vis-à-vis international standards
 Identification of key areas where Pakistan's practices diverge from
international norms
REFERENCES

Ben Wagner, 'Authoritarian Practices in the Digital Age: Understanding Internet Shutdowns:
A Case Study from Pakistan' in Understanding Authoritarian Practices in the Digital Age
'Citizens Protection (Against Online Harm) Rules, 2020: Legal Analysis'.
Digital Rights Foundation, Pakistan, 'Content Regulation in Pakistan’s Digital Spaces: June
2018 Human Rights Council Report Civil Society Submission' (June 2018).
'Pakistan’s Online Censorship Regime: Section 37 of the Prevention of Electronic Crimes Act
2016 and Citizens Protection (Against Online Harm) Rules 2020'.
Yasir Abbas, Digital Media Regulatory Landscape in Pakistan (Media Matters for
Democracy, July 2022).
Zafar Abbas, Robina Khan, and Muhammad Imran, 'Cyber Laws and Media Censorship in
Pakistan: An Investigation of Governmental Tactics to Curtail Freedom of Expression and
Right to Privacy' (24 December 2020) https://orcid.org/0000-0003-0314-7430 accessed 23
May 2024.
Zahid Shahab Ahmed, Ihsan Yilmaz, Shahram Akbarzadeh, and Galib Bashirov, 'Digital
Authoritarianism and Activism for Digital Rights in Pakistan' (European Center for Populism
Studies, 20 July 2023).