With state-owned enterprises under increased scrutiny, federal cabinet committees are reviewing the books with a fine-toothed comb to determine whether to halt, retain, transfer, devolve, or sell these firms and how to reform and economise those that are retained.
Per a news report, the government has now gone a step further and turned its attention to its departments for rightsizing, consolidation, reforms and even outright closure. The departments under such consideration include Information Technology and Telecommunications, Kashmir Affairs and Gilgit-Baltistan, States and Frontier Region Division (SAFFRON), Industries and Production, and National Health Services, Regulation, and Coordination.
I believe the committee should consider an additional option: merging or consolidating all regulators pertaining to a common industry, such as the Pakistan Telecommunication Authority (PTA) and the Pakistan Electronic Media Regulatory Authority (PEMRA).
The former was formed in 1996, while the latter was formed in 2002. Since then, the content landscape in the industries the two bodies regulate has fundamentally evolved, mandating a unified authority to police the entire content supply chain, including bad actors who engage in disinformation, misinformation, intellectual property theft, and digital piracy.
Given how far and fast mediums and content have intertwined, having separate authorities to regulate content and platforms, whether digital or traditional, opens up gray areas for dirty players to exploit. This affects the country's overall landscape of content creation and distribution.
Current regulatory, legal landscape
Currently, PEMRA and the PTA jointly govern internet-based content platforms. However, traditional distribution channels are only governed by PEMRA.
Web TV and other over-the-top (OTT) television services are not specifically governed by any law, aside from the Removal Blocking of Unlawful Online Content (RBUO) Rules, which permits the PTA to block certain online content and/or the entire online systems (platforms) if the service provider or social media enterprises hosting such content do not remove it or make it inaccessible in Pakistan's territory.
Existing laws, such as the Prevention of Electronic Crimes Act (PECA) 2016, cover a range of offences relating to harmful content, platforms, or other cyber-criminal activity, including unauthorised access to information systems, data theft, cyberstalking, harassment, online fraud, and other electronic crimes.
Moreover, the proposed Personal Data Protection Bill 2023, aims to protect an individual's privacy, support ethical data management standards, and enhance online security. Although these regulations exist, the PTA has been unable to effectively regulate digital content, which raises questions about its relevance and efficiency.
Comparing with other countries
If we look around the region and the world at large and how certain countries have gone about solving this complex problem, Singapore has developed its Infocomm Media Development Authority (IMDA), which mandates that service providers obtain a licence. There is a content code for OTT, classification of content, parental lock and age verification, apart from the display of rating and content elements, with a very specific list of prohibited content. The agency can withdraw content or impose a penalty. Foreign entities that operate OTT services in Singapore are also bound to adhere to such requirements.
Policymakers should look into how frameworks and regulations have been developed by different countries where a single authority policy has been applied. This favours the government's ongoing austerity measures and blocks the potential for gray areas, which can be exploited by shady players of both local and international origin to pirate, steal and stream illegal content
Australia has the Australian Communications and Media Authority (ACMA) to regulate traditional media, and an "eSafety Commissioner" for matters related to digital media. This includes restricted access to certain content.
The Broadcasting Services Act, 1992 (BSA), is the principal Australian legislation governing the OTT sector. It lays down detailed guidelines on the kind of content that may be hosted online. Apart from industry codes and standards, it has a compliance mechanism and "refused classification" for content that can be deemed prohibited.
In the United Kingdom, Ofcom operates as the broadcast regulator. It has been empowered by the British Parliament to protect viewers and listeners. Ofcom enforces rules set out in its Broadcasting Code on television and radio broadcasts. Content streamed by OTT platforms such as Amazon Prime Video, Disney+, Paramount+, Discovery+, Hayu, ITV X and other streaming services are also covered by statutory rules which are enforced by Ofcom.
In contrast, Bangladesh's Telecommunication and Regulatory Commission has implemented detailed regulations for digital, social media, and OTT platforms. The regulations address security concerns, including customer protection and national security, and ensure fairness for all players in the digital space. Such a robust regulatory framework could serve as a model for Pakistan.
The effectiveness of these frameworks, which are used worldwide, lies in their clarity. For example, Singapore's IMDA has clear guidelines that are strictly enforced for local and international content providers and platforms.
Australia's ACMA has smoothed the processes for handling complaints and regulating content, leading to a safer digital environment. The UK's Ofcom, on the other hand, has broad powers to ensure that all broadcast and digital content meets government standards, protecting viewers from harmful content.
Potential reforms
With PTA drafting new OTT regulatory framework, policymakers should look into how frameworks and regulations have been developed by different countries where a single authority policy has been applied. This favours the government's ongoing austerity measures and blocks the potential for gray areas, which can be exploited by shady players of both local and international origin to pirate, steal and stream illegal content, which goes against Pakistan's sovereignty.
Apart from blocking illegal content and platforms, there is no clarity in the current framework about the penalties prescribed for broadcasting pirated content.
Moreover, this regulatory framework can also include clear guidelines for content classification, parental controls, and penalties for non-compliance. A streamlined process for addressing complaints and disputes related to illegal content can also be added to stop and control pirated content.
Once created and enforced under a single authority, the framework will be able to strictly control and coordinate with international content providers and platforms. This can then lead to effective enforcement of content standards for Pakistani consumers. Strict regulations will also attract foreign investments in the digital content sector by providing a clear and stable regulatory environment.