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The New Pakistani Cyber Crime Act:Adam Gonn With Ahmed Quraishi
Read at the bottom about what possibly proved the final straw that broke the camel’s back.
Dear Ahmed,
My name is Adam Gonn and I’m a producer with the American news agency The Media Line. I’m wondering if you could help answer this question regarding the new Pakistani Cyber Crime Act (CCA). The law prohibits sending SMS’ that slander the civilian leadership and security forces.
1. Why would the establishment feel such a law is needed?
2. Will it have any practical effect?
ADAM GONN
The Media Line
The Media Line Ltd., is completely independent and has no ties to any government or affinity group and pursues no agenda other than truthful and accurate reporting.
AHMED QURAISHI: You have to give it to Pakistan’s civilian dictators. This is their second major anti-democratic action in less than a week.
The first was the scrapping of town and city governments across Pakistan. These governments challenged the 60-year old monopoly of the politician-landlords of Pakistan and their powerful families. The ‘local’ governments empowered middle and lower class Pakistanis for the first time. Ironically it was a military-led government that introduced the system. It had some flaws but it did make more Pakistanis part of the decision making process.
It was a matter of time before the combined Pakistani political elite struck down the local governments. Interestingly, all Pakistani politician-landlords, the feudal arbiters of Pakistan’s destiny, are united on this. No surprises here.
The crack down on expression through SMS and the Internet is the least that the elected government can do. For example they can’t do much about the 50+ independent television news channels in the country licensed under the last military-led government.
While there is no question that Pakistan needs cybercrime legislation to regulate the alternative media, the problem with the new act is that it is designed to stifle and punish legitimate criticism. Much of the legitimate political criticism on Internet and harmless jokes through SMS messages will be blocked by this new law.
Honestly, what’s wrong with good old political satire based on public perceptions?
An example of what is not character assassination
Interior Minister Rehman Malik gave three reasons and three layers to the new draconian cybercrime law:
1. To protect lady members of parliament who receive abusive calls or text messages.
2. To curb ‘slander’ against the ‘political leadership’ of the country; the loosely defined ‘cyber crimes’ are punishable by a 14-year jail term.
3. To prevent terrorist or banned groups from using the Internet for propaganda against the Pakistani military.
There is no question that the main aim of this law is the point number 2 above, to counter criticism against the PPP-led government.
The Pakistani military and the female parliamentarians [points 1 and 3 above] were dragged in as camouflage.
I am accused of being soft on the Pakistani military and I am yet to see any significant Internet propaganda against the Pakistani military by terrorists or banned groups. The complaints of lady politicians can be handled through existing laws. The only party that faces constant criticism and ridicule for its policies through SMS messages and emails is the PPP-led government. There is no other reason for the cybercrime law.
The ‘Democratic’ Government’s Previous Attempts
The PPP-led government tried to crack down on SMS and emails last month when it levied a new tax on all text messages. The tax was going to ruin this source of revenue for Pakistan’s five cellular companies and send a wrong signal to one of the fastest growing sectors of the Pakistani economy.
As soon as the tax was announced, a text message began making the rounds in Urdu that can be roughly translated as, ‘The government has imposed a tax on all messages. This means that until now President Zardari was getting abused for free. Now he’ll get paid every time someone abuses him!’
Mr. Zardari’s Spelling Mistakes
Another proof of how this law is not as innocent as it sounds is the PPP-led government’s first brush with Internet and SMS criticism last year.
In September 2008, Mr. Zardari visited the Mausoleum of The Great Leader [Pakistan’s Founding Father] in Karachi and jotted down a few words in the visitors’ book. It turned how he made some embarrassing spelling mistakes. Someone photographed the page using a cell phone and posted it online.
The government and party spokespeople said the picture was fake. But one of Pakistan’s senior most columnists, Ardeshir Cowasjee, investigated the matter on the ground and exposed the real story. It turned out the President’s men were sent to remove the page and rewrite the message with the corrections.
Incensed at the embarrassment, Mr. Rehman Malik, a former director of the Federal Investigations Agency [FIA] was assigned to punish those publicizing the President’s spelling skills. No less than the official news agency, the APP, was ordered to issue a warning to Pakistanis on sending SMS messages and emails on the subject.
Rehman Malik’s Hurt
The question is: Why now? What exactly prompted Interior Minister Rehman Malik, a powerful aide to President Zardari and a former director of FIA to introduce the new cybercrime act?
A day before unveiling the new law, an anonymous writer posted a revealing report on Internet that explained how Mr. Malik and Mr. Zardari contacted Indian intelligence and agents from Israel’s Mossad spy agency and promised them information on Pakistan’s nuclear program in exchange for money.
The report said that the activities of both Mr. Malik and Mr. Zardari were the main reason behind the dismissal in 1996 of Mrs. Benazir Bhutto’s government. Zardari was a minister and Malik was running the FIA.
Several versions of this story have been circulating in Pakistan for the past several years. But the new Internet version is the first time that someone has articulated what happened in a detailed report rich in references and names. No one knows for sure if the story is true. Neither Mr. Malik nor Mr. Zardari has commented on the allegations now or ever.
The fact remains that issues such as Mr. Zardari’s initial foreign policy blunders with Pakistan’s traditional allies China and Saudi Arabia, his apologetic policy toward a belligerent India, his embrace of Hamid Karzai who is seen in Pakistan as an American puppet, his US-brokered rise to power, and the questionable source of the immense wealth that he and his close aide Mr. Malik have accumulated after their stints in power, not to mention the general revulsion in Pakistan toward unimaginative and incapable politicians, all of this will ensure that both of them and their closest aides will remain on the hit list of political satirists.
The question is: Can Pakistan’s self-styled democrats take it?
• The local Government System was concocted to suit the vested interest and in this case it was the military regime. In every incident of military take-overs, attempts are made to create a constituency that could support the take-over. Local Government system was conceived in drawing rooms without taking into account the real dynamics of politics in Pakistan. The only notable and observable change reflected as a result of Local Government system was that “elected representatives” replaced government servants at top level in districts. There is no denying of the fact that “elected Nazims” could never come out of the ever-existing “complexes of superiority” and were thoroughly inebriated with the sense of “power” that was invested in their offices. In case of Assistant Commissioners and Dy. Commissioners, the public suffered because of their nature as they thought themselves to be descendants of British colonial era and in case of Nazim, the public was the worst sufferers as Nazims were only taking “care” of their “own people”. Those who had no strong “connections” or “party affiliations” were never even granted the opportunity to see “the Chaudhary Sahib/ Khan Saab/Malik saab etc etc”.
• There can be no denying of the fact that the delivery record of the Local Government system was also mixed. There were few individuals who can be counted on fingertips who proved their worth and served the purpose but majority was consisting of those who never even comprehended the genius of the system and were content with exercising power for gaining maximum for themselves, their releatives, their cronies and chamchas.
• Can anyone deny this fact that nazims were either sons or nephews or close relatives of erstwhile MNAs/MPAs. Hardly were any new faces. Politics in Pakistan is a money game. You have the money, your seat is secured.
• Also worth-noting, though debateable, is the fact that government servant can remain impartial to some degree but Nazim cannot, by compulsion of his party affiliations in those matters that require impartiality and objectivity.
Now the SMS Part;
• Can any one with a slight sense of responsibility and honesty assert that what was being circulated through sms and internet is a ‘legitimate political criticism’/ ‘harmless jokes’?
• Was it not reflective of continuation of the same insidious campaign that has always followed PPP leadership since the times of SZAB, continued even after he was sent to gallows, followed SBB and now it is directed against the persona of AAZ, the President?
• To best of knowledge 50+ channels are regulated by internal as well as PEMRA regulations whereas sms and internet stuff is dependant on personal whims and wishes. Anyone has the liberty to say anything. Everyone’s Liberty ends where other’s rights begin and no state can allow crimes to be committed in the name of liberty.
• Were the contents of sms and slanderous internet contents merit to be categorized under “good old political satire based on public perceptions’. Anyone who holds this opinion surely needs to re-learn basics of satire and to be more exact a doctor.
• Terming taxation on sms as attempt to ruin revenue sources for Pakistan’s five cellular companies is as ludicrous as anything since we have also seen the times when the same companies used to fill their valets with load of revenues through outgoing and incoming charges.
• As far as allegation of spelling mistake and selling nuclear secrets is concerned, it is absurd and ridiculous.
As far as issues such as Mr. Zardari’s foreign policy vis-à-vis Pakistan’s relations with China and Saudi Arabia, his policy toward India, his embrace of Hamid Karzai, his rise to power, and the so-called ‘immense wealth’ are concerned;
• Is it not the same President whose efforts have seen an end to isolation for Pakistan in international community?
• Is he not the same President who has said that China and Pakistan fly ‘wing-by wing”? Has not he always said that China is like a second home to him? Is there any doubt about what importance he accords to the relations with China-our all weather friend?
• Our relations with Saudi Arabia are as friendly as it were in past and there is no need to make any attempt to create a negative impression.
• As far India is concerned, the recent developments unfortunately brought to square one position as far as our relations with India are concerned. But should we now break up with India once for all? Can we afford to remain isolated in the region and at loggerheads with our neighbour?
• Afghanistan is another country in our vicinity where we can not afford to be oblivious of various developments and good equation with the country leadership is sine qua non for us.
• As far as President Zardari’s rise to power is concerned, is he not the same person who lost his wife, his children lost their mother and for whose party the majority of the people of voted in and entrusted the reins of the government? Is there any doubt that no leader can ascend to power if he and his party does not possesses the confidence of the majority of the people.
• Such allegations of accumulating wealth and so on are not new to the nation. It is continuation of the vicious attempts that were made in past, never proved and now again we are witnessing such absurdities with new vigor.
MY dears , cyber crime act is not a new thing ; why you people are observing this new act just in perspective of campaign being run at internet and SMS services against President Zardari .SMS and internet services are also being used by enemies of Pakistan , Pakistan army , president Zardari and elected and popular civilian leadership of PPP; At present in waging anti terrorism war against throat cutters , Zardari is being backed by Pak army, UNO ,USA and rest of world and specially by real Pakistanis ; Mr. Zardari and his interior minister Rehman Malik are truly wining over militants ; they require our backing ; Instead some people for their interests and cheap purposes are running campaign against PPP popular leadership and president Zardari via internet and E mail .; I think some people are scared of popularity of Zardari and Rehman Malik ; President of Islamic republic of Pakistan is symbol of federation and khaleefa and Niab of God ; he must get due respect ; jokers who make below the belt jokes should be treated severely ; Rehman Malik has taken right step by declaring imposition of cyber crime act ; Mr. author ,,you say that Zardari has taken wrong step by packing local bodies system ; I think you are unaware or trying to become un aware of corruption being done by these nazims ; district nazim of my city has made hotels in Dubai ; another tehsel nazim , I know who is keeping 10 official employees of tehsil council at his home for personal use and himself drawing their pays ; I think , these nazims must be punished by Zardari government also for their corruption ; I support this decision of Zardari government to pack local bodies system imposed by former dictator Musharraf ; more over you have blamed that President Zardari and Rehman Malik has hidden relations with Indian and Israeli spy agencies against Pakistan ; Such campaign and fabricated and fascinated stories and blame games , can not distract Mr. Zardari from converting Pakistan into a 21st century advanced country , free of militants ;
Well every one know Mr.Zardari has no authentic academic record. So he can mistake spellings like a normal person do some times. But when you are President or some thing popular then you dont have chances to do such thing of mistakes.
@ Zafar Abass
I personally didnt find any thing about zardari that he has done good for Pakistan. excepting collecting ads for his own self, not for sake of Pakistan.
So now why stop sending sms against any one like you can have this, “YOU DON’T HAVE ANY RITES TO SAY ANY THING THAT ARE AGAINST YOUR WILLS?”
WHAT KIND OF FREEDOM IS THIS?
@ Asim
I am not fan of Zardari but look he has shown acumen and lots of sagacity in dealing with the redoubtable challenges faced by the country, he has also done at the most difficult juncture of the history. Leading Pakistan in these tough times is the world’s most unwanted job and that is what is done by Zardari. After the horrendous assassination of two time Prime Minister of Pakistan and the chairperson of the Pakistan People’s Party, the country was teetering at the brink, and it was at that time that the now President Zardari raised the slogans of “Pakistan Khapay”, and it did lots of healing, especially in the Sindh. Pakistan is suffering from unrest in two provinces; NWFP and Balochistan and thanks to Zardari the Sindh province is calm. Who could deny that the Asif Ali Zardari is the man who saved the country from total bankruptcy. Lots of people slung mud on him that he was the looter and percentage monger, but in fact he is the man who has done wonders for the country and he has brought in billions of dollars and lots of business and he has kept America at bay. He has restored the Pakistani image abroad and he is hard at work at home to heal the injuries of the angry people. Why are we so wary of giving praise? Especially where it deserves to be given? We must not adopt a jaded, suspicious and weary attitude towards our president. It’s wrong that we consider that it is better to be a critic than an enthusiast. We should give Zardari his due credit.
Arsalan Ali: Almost everything you said is not true.. like it’s so bad that I won’t even bother replying to it. If you’re a PPP member, just let me say that joining a political party doesn’t mean you leave common sense.
It’s laughable that Asif Ali Zardari is in a position of power in the first place. Hence, anything he does while in that position of power will be laughed at. Making fun of him is the only outlet Pakistanis have and they’re trying to take that away from them too. Democracy my ass.
@ Arsalan yes your right Zardari is not getting any credit for what hes doing because he dont like any credit he like cash
every one knows that what that man really wants. if hes good for Pakistan then why all his money is oust side from pakistan.
on other hand boht asani say bhek magnana jo kay wo karta aya hai i just dont get it kay sara paisa jo wo laya hai Pakistan kay nam par wo kahan geya ?
ager wo acha hota tu pakistan main Industries lagata coz many countries said kay we will invest on your country rather then giving you cash and he disagree with them he needs cash.
if hes good then why he is currpt ?
if he is good then why he is scared from this kind of things he is scared from an sms ?
like there is no Democracy in Pakistan ?
just look at this
http://www.easenews.net/?p=1649
also this
http://www.easenews.net/?p=833
just think positive.
if your frm his party then did hey done any thing for his own homeland nawab shah etc?
go there and watch by your own self.
also that you think he is running very well pakistan, is mulk ko chalanay wala aj tak paida nahen huwa yadd rakhna sirf ALLAH key waja say chal raha hai coz kuch logon main abhi bhi insaneyat zinda hai. he cant even stop dron attack never talk about Dr Afia
dont want to say any more thing coz my boold boiled out :$
ALLAH bless us all.
I agree with Sikandar and Unknown .
Every one has rights to speak, this act is cheap i guess.