The government has planned to establish an e-safety authority in an attempt to protect the fundamental rights of social network users under the e-Safety Bill 2023.
Under the bill, anyone who targets the judiciary or armed forces will face punishment.
According to the draft bill, any news or other programme will not be streamed in a manner that is likely to jeopardise any ongoing inquiry, investigation or trial.
The Ministry of Information Technology and Telecommunication has sought comments from stakeholders on the draft bill.
The e-safety authority will consist of a chairperson and 13 members, who will be appointed by the federal government. One member will be appointed on a full-time basis.
Five members, one each from four provinces and one from the federal capital territory, who will not be more than 65 years of age, will serve for a four-year term.
The authority’s chairperson and members, other than the ex-officio members, will hold the office for four years and will be eligible for re-appointment for a similar term or as the federal government may determine.
The government may remove the chairperson or a member if he is found unable to perform the functions of his office due to mental or physical disability or has committed misconduct.
The government, based on the recommendations of the authority, will establish the e-Safety Complaints Commission in Islamabad and other places.
Each commission will receive and decide on complaints made against any aspect of the content or expression shared by the social network registration holders.
Each commission will consist of a chairperson and four members, who will be from among the citizens of eminence from the general public. At least two of the members will be women and there will be one journalist registered with the press club concerned.
The government may also establish one or more e-Safety Appellate Tribunals.
Any person operating a social network platform who violates or abets the violation of any of the provisions of the Act shall be guilty of an offense punishable with imprisonment for a term which may extend to three years, or with a fine prescribed by rules, or both.
In addition to the criminal prosecution, the authority may also initiate proceedings for the revocation of registration where the violation is serious or the offender is repeating the same.
Anyone operating a social network platform without registration and commits violation shall be punishable with imprisonment for a term which may extend to five years, or with a fine prescribed by rules, or both.
The authority may call for any information, audited financial statements, or any other relevant document required for carrying out the purposes of this Act from any person in respect of any regulated activity or any matter incidental or consequential thereto.
Any person called upon to provide such information, documents or reports shall do so within the stipulated time period, and their failure to do so shall be punishable by the imposition of fines and/or penalties as may be prescribed.
A fund called e-Safety Fund will be established, which shall be utilised by the authority to meet financial needs in connection with carrying out its functions, The fund shall consist of seed money provided by the federal government.
Published in The Express Tribune, August 4th, 2023.
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