Questionable intent

In a move that has sparked significant controversy and debate, the Federal Government has recently issued a Statutory Notification (SRO) under Section 54 of the Pakistan Telecommunication Re-organization Act, 1996 allowing its premier intelligence agency, the ISI, to intercept calls and messages or to trace calls through any telecommunication system as envisaged under Section 54 of the Act. While the intent behind this legislation is ostensibly to bolster the nation’s security framework, it raises serious concerns about privacy, civil liberties, and the potential for abuse of power.

The foremost concern with this new law is the erosion of privacy rights. Telephone tapping, by its very nature, is an intrusive act that grants the state unprecedented access to personal conversations and sensitive information. In a democratic society, the right to privacy is sacrosanct, underpinning the freedom of expression and individual autonomy. The unchecked ability to monitor private communications can lead to a chilling effect, where individuals may feel inhibited from speaking freely, fearing that their conversations are being monitored.

History is replete with examples of surveillance powers being misused for political gain and to suppress dissent. The new law in Pakistan could similarly be weaponised against political opponents, journalists and activists. The lack of stringent oversight mechanisms increases the risk of these powers being exploited to silence critics and undermine democratic processes. In a country where the balance of power is often precarious, such surveillance capabilities could easily be used to sway political outcomes and suppress legitimate opposition.

Journalism, often regarded as the fourth pillar of democracy, thrives on the ability to investigate and report freely. The new surveillance law poses a significant threat to press freedom in Pakistan. Journalists rely on confidential sources to uncover corruption, human rights abuses and other issues of public interest. If sources fear that their communications are being monitored, they may be less likely to come forward with crucial information. This could lead to self-censorship and a decline in investigative journalism, ultimately depriving the public of important insights and holding the powerful to account.

The new law is likely to face significant legal and constitutional challenges. Pakistan’s Constitution guarantees certain fundamental rights, including the right to privacy and freedom of speech. The broad and vague nature of the surveillance powers granted to the ISI could be seen as an overreach, infringing upon these constitutional protections. Legal battles are expected, with human rights organisations, bar associations and civil society groups likely to challenge the law’s validity in court. The judiciary’s response to these challenges will be crucial in determining the future of privacy rights in Pakistan.

While national security is undeniably important, it must be balanced with the protection of civil liberties. Any surveillance measures should be subject to strict oversight and accountability mechanisms to prevent abuse. Independent bodies, such as judicial or parliamentary committees, should be empowered to review and regulate the use of surveillance powers. Transparency in the implementation of these measures is essential to maintaining public trust and ensuring that they are used responsibly and proportionately.

No intelligence agency in the world needs a formal carte blanche for nabbing anti-state elements by expressing the surveillance intent in this overt manner. Pakistan represents a significant shift in the balance between national security and individual privacy. While the intention may be to enhance security, the potential repercussions on privacy, civil liberties and democratic processes cannot be overlooked. The government must implement robust safeguards to prevent abuse and ensure that the rights of citizens are not unduly compromised. The dialogue between security and privacy is a delicate one, and finding the right balance is crucial for the health of any democracy. Ghalib remains contemporaneous in all situations.

Pakray jatay hain farishton kai likhay pai na haq;

Admi koi hamara dam-e tehreer bhi tha