General

Govt Can Jail Vloggers, Anchors, Staff and Block YouTube, Netflix Over e-Safety Bill Violation

The Ministry of Information Technology and Telecommunication has drafted new social media rules under the e-Safety Bill 2023, allowing the regulator to immediately block, raid and seize premises of any social media platform, website, channel, and streaming services such as Netflix, Amazon Prime, etc. on the direction of an area magistrate.

According to documents seen by ProPakistani, social media persons/channels/companies may face closure or 3 to 5-year jail terms for violating the conditions of the new online protection bill.

Interestingly, if the person/entity is guilty of an offense under the e-Safety Act, then every director, partner, and employee of the person/company shall be considered guilty of the offense and liable to be proceeded against and punished accordingly unless proven innocent.

Action will be taken against registered social media platforms (YouTube channels, Vlogs, Netflix, Amazon Prime, etc.), for providing false, distorted, misleading information.

Any person operating a Social Network Platform who violates or abets the violation of any of the provisions of the e-Safety Bill shall be guilty of an offense punishable with a fine prescribed by the rules, the document said.

Whereas if the person repeats the violation or abetment, they will 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 with both.

If the violation of any provision of the e-Safety Act is made by a person who does not hold a Registration or Enlistment to operate a Social Network Platform, such violation shall be punishable with imprisonment for a term that may extend to five years, or with a fine prescribed by the Bill, or with both.

Where on information furnished by the e-Safety Authority, the area magistrate has reason to believe that any unregistered Social Network Platform is being owned, controlled, or operated or its equipment is being kept or concealed, they may issue a search warrant, and the person to whom such warrant is directed may enter the premises and carry out search and inspection thereof and seize all or any equipment therein.

Pertinently, individuals operating Social Network Platforms will be obligated to get a registration certificate to legally operate in Pakistan.

Channels will ensure that coverage of incidents of accidents, violence, and crime shall not incite, glamorize or in any way promote violence or anti-social behavior and such coverage does not prejudice the success of an ongoing security operation.

According to the Bill, the Registration Holder shall not stream speculative or biased reporting that may compromise any security operation. Any political or analytical program, whether in the form of a talk show or otherwise, shall be conducted in an objective manner ensuring representation of the concerned parties, and the guests shall be treated with due respect.

Moreover, action will be taken on any program if it contains aspersions against the judiciary or armed forces of Pakistan.

Meanwhile, any content based on extracts of court proceedings, police records, and other sources shall be fair and correct, while no program will be aired which would affect any ongoing inquiry or trial.

The e-Safety Complaints Commission, which will operate in the ambit of the projection bill, shall have the power to impose penalties including censure, fine against any Social Network Registration Holder(s) for violation of any provision of the Act or the rules, regulations, or code of conduct as prescribed by the e-Safety Authority.

Any person aggrieved by any decision of the e-Safety Authority may file an appeal with the eSafety Tribunal within 30 days of its decision.

Federal and provincial governments, police, and intelligence agencies will be bound to cooperate with the e-Safety Authority.

Source: ProPakistani