Pakistan outlaws disinformation with 3-year jail term

Pakistan criminalised online disinformation on Tuesday, passing legislation that enshrines punishments of up to three years in prison, a decision journalists say is designed to crack down on dissent.

The law targets anyone who "intentionally disseminates" information online that they have "reason to believe to be false or fake and likely to cause or create a sense of fear, panic or disorder or unrest".

The law was rushed through the National Assembly with little warning last week before being approved by the Senate on Tuesday as journalists walked out of the gallery in protest.

Senior journalist Asif Bashir Chaudhry, a member of the Pakistan Federal Union of Journalists, told AFP the government had assured reporters they would be consulted but said they were "betrayed and backstabbed".

"We genuinely wanted a law against misinformation, but if it's not being done through open discussion but rather through fear and coercion, we will challenge it on every available platform," Chaudhry said.

"Even under dictatorships, legislation was not forcefully rammed through parliament the way this government is doing now."

The bill will now be passed to the president to be rubber-stamped.

Facebook, TikTok and Whatsapp are among the most popular social media platforms in Pakistan, where low digital literacy fuels the spread of false information, conspiracy theories and deepfakes.

Analysts say the government is struggling with legitimacy after an election last February plagued by rigging allegations and with Pakistan's most popular politician, former prime minister Imran Khan, in jail on a slew of corruption charges his party says are politically motivated.

Khan's supporters and senior leaders have also faced a severe crackdown, with thousands rounded up and Khan's name censored from television.

Senator Syed Shibli Faraz, a member of Khan's Pakistan Tehreek-e-Insaf party, called the new law "highly undemocratic" and said it would "fuel the political victimisation" of their supporters.

There has been a proliferation of "disinformation" laws, including criminal legislation, worldwide in the past decade enabling governments to control speech online and police "fake news", according to human rights organisation Article 19.

Such laws can impede journalism, according to the group, which promotes freedom of expression and information globally.

However, government minister Tanveer Hussain said the bill would focus on policing social media.

"I am sure that in the future, the anarchy caused in society through social media will be controlled," he said.

As state control over mainstream media grows, the Pakistani public has shifted to consuming news on social media including a massive community of commentators on YouTube who have millions of followers and are often heavily partisan.

Many lack proper fact-checking skills and contribute to spreading false information, sometimes for clickbait.

The new law says social media platforms must register with a newly established regulatory body, with non-compliance potentially leading to temporary or permanent bans.

It also grants Pakistan's intelligence agencies the authority to investigate disinformation and allows any citizen to file a case.

Social media site X was shut down in the wake of February's election, as posts alleging vote tampering spread on the platform.

Digital rights activist Nighat Dad told AFP there has been "one restrictive law after another, introduced under the guise of public interest or national security," she said.

The real intent is "consolidating power and controlling the narrative," she said.

Pakistan is ranked 152 out of 180 countries in a press freedom index compiled by Reporters without Borders, with journalists facing censorship and intimidation.

According to the Anti-Fake News Lawfare, which monitors cases against journalists accused of spreading "fake news", at least 239 cases have been recorded in South and Southeast Asia since 2018.

In Pakistan, even before the new legislation, journalists have faced arrest under terrorism legislation which civil rights monitors say is used as a cudgel on dissent.