Islamabad, Aug 20: Tuesday, the Pakistan Telecommunication Authority (PTA) and the government were asked to respond to a petition against the countrywide internet slowdown filed by senior journalist Hamid Mir by the Islamabad High Court (IHC).
Over the past several weeks, there has been a noticeable decrease in internet speeds. As a result, users are encountering challenges while attempting to transmit or download media and audio notes via WhatsApp while using mobile data, and they are even experiencing slow browsing rates when using broadband.
Internet service providers (ISPs) and the business sector had claimed that the government’s attempts to control internet traffic, including the installation of a so-called “firewall,” had slowed down digital services and resulted in financial losses.
The nation’s information technology minister, Shaza Fatima Khawaja, has firmly disputed reports that the government is “throttling” the internet, even though she has admitted that the government is updating its “web management system” to address cyber security risks.
Mir had sought redress for the flagrant violations of citizens’ fundamental rights caused by the apparent installation of a firewall, significantly decreased internet speeds, frequent network disruptions, and the federal government’s denial of these issues in a petition filed through Advocate Imaan Zainab Mazari-Hazir on Friday.
IHC Chief Justice Aamer Farooq took up Mir’s lawsuit today and asked for answers by August 26 (Monday) from the PTA and the government. After the hearing, Mazari spoke with the media and recalled that Justice Farooq had questioned the additional attorney general (AAG) about the government’s position on the disruptions to the internet.
The state attorney responded that he “did not use the internet and hence was not aware of the matter,” according to a quote from Mazari. She went on to quote Justice Farooq, who said that even if the AAG didn’t utilize the internet, some things are still “common knowledge.” Mazari stated that the PTA chairman should be called before the court because the authorities had been “completely silent” about the matter. Still, additional PTA delegates have been called in.
The rights activist called Khawaja’s previous remarks, which attributed the cyber slowness on the growing usage of Virtual Private Networks (VPNs), “ignorant.” “People are using VPNs because major features of apps like WhatsApp aren’t working and you banned X,” the woman said.
The hearing
Has the internet slowed down these days? Justice Farooq questioned at the beginning of the session.Before making any decisions, he stated he would investigate the situation further and inquired as to whether the PTA or the Ministry of Information Technology and Telecommunication ought to be questioned regarding the sluggish internet connections. Mazari, Mir’s attorney, retorted that the PTA had not yet spoken out on the issue.
Mazari asked the court to call senior officials from the relevant ministries when Justice Farooq questioned whether to call the PTA’s secretary or joint secretary. Justice Farooq said that those who were knowledgeable about the matter and could brief the court would be called.
In addition, a second appeal against the internet outages has been scheduled for tomorrow before the Lahore High Court (LHC), which has also called representatives from the PTA, the communication ministry, and the federal government.
The petition
“No installation of any firewall that impacts citizens fundamental rights without, at the very least, extensive consultative process/consultations/deliberations with all relevant stakeholders and keeping in mind Constitutional safeguards for fundamental rights,” Mir had asked the court to rule in his petition.
Additionally, it asked the court to declare that, in accordance with Pakistan’s Constitution, having access to the internet and the right to connectivity are fundamental rights, and that, “only reasonable restrictions on the same may be imposed by law and keeping in mind the principles of necessity and proportionality.” In addition, the petition asked that the responders provide reports including information about the “firewall,” halt all development on it, and restore the public’s unhindered access to internet services.
