THE NEED FOR LEGAL FRAMEWORK IN COMBATING DISINFORMATION

(Saira Zulfiqar)
The rise of hybrid warfare has led to the destabilization of nations through information manipulation and perception management. This subtle trend has worsened the disconnect between governments, armed forces and their citizens, posing a significant challenge to national security and social cohesion. In response to this escalating threat, several countries, including prominent global players such as the US, Russia, China, UK, India, and Germany have enforced strict rules ensuring stern action against the perpetrators of dis-information and propaganda. The rules and regulations put in place by these countries serve as a model for protecting our core interests.
Legislative developments in the United States, including laws passed in Florida and Texas reflect global efforts to regulate online platforms and combat disinformation and misinformation effectively. These laws aim to address social media content moderation practices and promote transparency and accountability. Furthermore, Meta’s takedown of a significant covert influence operation associated with Chinese law enforcement highlights the ongoing challenges in maintaining online security and integrity resulted in the removal of 7700 accounts, 954 pages, and 15 groups across multiple platforms, demonstrating the operation’s extensive reach and impact. Regulatory bodies like the Federal Trade Commission (FTC) have also taken action against social media platforms for deceptive practices related to disinformation, emphasizing the need for transparency in the online sphere.
Network Enforcement Act (NetzDG), implemented in the UK since 2017, also plays a crucial role in combating hate crimes on the internet by regulating criminal content on social networks and holding them accountable accordingly. In line with this, UK’s Online Safety Bill aims to make the country a global leader by introducing new obligations for tech firms to improve platform design, operation, and moderation. This ensures user protection and effective handling of harmful behaviors. Furthermore, recent regulatory actions, such as the imposition of a £20,000 fine by British TV regulatory authority Ofcom on Republic Bharat for hate speech against Pakistani individuals, underscore the UK’s commitment to combatting online harms. The surge in electronic crimes recorded in the UK in 2023 resulted in implementation of strict laws aimed at combating disinformation, particularly through media platforms.
In 2023, China saw significant developments in combating electronic crime. Didi Global, a Chinese vehicle-for-hire company, faced hefty fines of 8.026 billion Chinese yuan (equivalent to 1.19 billion U.S. dollars) for a privacy breach. China also enacted the Anti-Telecom and Online Fraud Law, imposing strict penalties on operators and service providers failing to meet compliance obligations. An adviser to the Chinese government has called for new laws to ban fabricating and disseminating fake information online, citing the polarizing impact of disinformation on Chinese public opinion. Spreading disinformation that disrupts public order through media platforms can lead to up to seven years of imprisonment in China.
Meanwhile, India also has implemented various measures to address the challenge of fake news. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 require social media platforms to remove fact checked false content, aiming to combat the spread of fake news. The IT Act 2008’s Section 66 D regulates offenses related to electronic communication, enabling penalties for those disseminating fake news through electronic means. The Disaster Management Act 2005 and Epidemic Diseases Act 1897 regulate the circulation of fake news during crises, while the Indian Penal Code of 1860 holds individuals accountable for inciting violence or defamation through fake news. Malaysia stands out as one of the pioneers in addressing fake news through the enactment of the Anti-Fake News Act in 2018, imposing strict penalties, including hefty fines and imprisonment, for those found guilty of spreading false information.
Proliferation of fake news/ propaganda in Pakistan has increased due to lack of strict social media regulations, allowing anti-state elements and fifth columnists to freely promote the agenda of our adversaries. It is imperative to adopt the practices of other nations to safeguard our national interests. For that Prevention of Electronic Crimes Act (PECA) came into effect in 2016. However, amendments in PECA through an Ordinance (2022) promulgated by the then President Arif Alvi were declared as “unconstitutional” by IHC.
The emergence of social media as a powerful tool in fifth-generation warfare has significantly heightened the dissemination of fake news, posing a direct threat to national security by eroding the credibility of state institutions. It is crucial to address these challenges through the implementation of effective laws and the promotion of citizen awareness for their protection and well-being. To this end, amendments introduced in 2022 including provisions such as the extraterritorial application of offenses should be incorporated in Prevention of Electronic Crimes Act (PECA). The media should play its role by initiating discussions and highlighting the significance of these amendments. After obtaining approval from both the National Assembly (NA) and the Senate, it should be presented to the President of Pakistan for it to be enacted as law.
Observing the approaches taken by other developing nations, it is crucial for Pakistan to prioritize the fight against disinformation. Swift action must be taken to enact and enforce laws that regulate the spread of false propaganda, ensuring effective measures to address this issue. Pakistani citizens must also recognize the significance of protecting themselves from fake news and false propaganda, particularly when it targets the state institutions.

The Author can be contacted on sarazulfi02@gmail.com

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