The Copyright Amendment Bill seeks to amend the Copyright Act of 2004 and focuses primarily on the role of new technologies in the infringement of copyright, with provisions on Internet Service Providers’ (ISPs) liability, including ISPs exemptions for storing infringing material, for caching, a notice and take down regime and a termination for repeated infringers regime. Apparently, the Bill does not include a mere conduit exemption. (1) Section 3 provides that ISPs must have a termination policy for their Internet service subscribers that repeatedly infringe copyright. In particular, the Bill states that: (i) "An Internet Service Provider must adopt and reasonably implement a policy that provides for termination, in appropriate circumstances, of the account with that Internet Service Provider of a repeat infringer";...
(prepared by Swiss Institute of Comparative Law for Council of Europe)
This is one of series of country reports prepared for the Council of Europe in 2015. Other countries' reports, and responses from national governments, are available here. The studies undertake to present the laws and, in so far as information is easily available, the practices concerning the filtering, blocking and takedown of illegal content on the internet.
Update (March 2020): The Rules remain on the statute books however the Pakistani authorities have now pledged to review the regulations and undertake an ‘extensive and broad-based consultation process with civil society and technology companies’. This was in response to a letter from the Asia Internet Coalition addressed to the Prime Minister in which tech-companies threatened to pull out completely from Pakistan if the Rules were enforced. Content takedown: The Rules require social media intermediaries to remove, suspend or disable access to illegal online content within 24 hours on when it receives such communication from the Pakistan Telecommunication Authority (PTA). The decision of whether the content is impermissible under the law will be taken by the PTA or the National Coordinator (appointment by the Minister...
In February 2017, the petitioner filed a petition in the Islamabad High Court praying that the Court take action into rampant blasphemy online by bloggers. On February 27, 2017, the Islamabad High Court admitted the petition and directed authorities to ‘block social media pages posting blasphemous and objectionable content’. In a subsequent hearing, the Court ordered authorities to place the names of the alleged blasphemers on the Exit Control List, initiate criminal cases against them, and directed the Pakistan Telecommunication Authority (PTA) to set up teams to monitor and scrutinise social media for blasphemous material. Finally, on August 11, 2017, the Court ordered a complete ban on Facebook if it did not conform to Pakistani laws in the future and ordered the PTA to identify organisations involved in circulating...
Safe Harbour Provision: The Act stipulates that no service providers would be longer liable for civil or criminal violations committed by their users, unless there is evidence that they had specific knowledge or made a wilful attempt to participate in those offences. Section 35 also states that no service provider is under an obligation to proactively monitor the content hosted/cached/transmitted or made available by such intermediary. Vague and Overbroad takedown provisions: The Act empowers the Pakistan Telecommunication Authority (PTA) to remove or block information through any information system if it considers it ‘necessary in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, public order, decency or morality, or in relation to contempt of court’. This...
This legislation focuses on various issues. It obligates Internet Service Providers (Access Providers) to develop and offer software that allow the detection, filtering, classification, deletion and blocking of content harmful to minors. The software must be installed in spaces that offer public access to the internet. The law creates a National Observatory for the Protection of Children and Adolescents (Observatorio Nacional para la Protección de los Derechos de Niño, Niña y el Adolescente en Internet – ONAI). The observatory is responsible for developing and executing a national plan to protect and promote the rights of minors in the Internet, to monitor the content on the Internet and prepare semiannual reports about the compliance with this law, to create and update a database of websites and improper content for...