Led by student attorneys Sebastian Blitt, Madeline Finlayson, and Sarah Misché, the TLPC prepared a report on behalf of Bolo Bhi, a civil society organization based in Pakistan, discussing the challenges associated with regulating election disinformation in Pakistan ahead of the elections this February. Bolo Bhi published the report on its website on February 5—three days before the country’s general elections.
Although the spread of disinformation can cause serious harm, laws that seek to regulate disinformation can be misused to suppress legitimate political dissent and criticism. TLPC’s report analyzed both enacted legislation in Pakistan, including the Pakistan Electronic Media Regulatory Authority (Amendment) Bill, and proposed legislation, such as the Prevention of Electronic Crimes Act Amendment. Each of these measures employs a broad and vague definition of disinformation, providing agencies of the Pakistani government a mechanism to remove unfavorable content, and to punish those who posted it. This raises special concerns regarding the rights of journalists and political dissidents engaging in political discourse leading up to the General Election on February 8.
The report finds that both the current and proposed measures fail to protect the right to free expression guaranteed in the Constitution of Pakistan and by international human rights law. Article 19 of the Constitution of Pakistan requires that restrictions on expression be reasonable, including being no more burdensome than necessary. Article 19 of the International Covenant on Civil and Political Rights only permits restrictions on freedom of expression that are clearly provided by law and necessary to achieve narrow aims. The overbroad and vague definition of disinformation used in the various pieces of legislation that TLPC analyzed fails to meet either of these standards, and therefore imposes unreasonable restrictions on freedom of expression.
