PHC puts govt on notice over internet disruptions

PESHAWAR: The Peshawar High Court on Wednesday issued notices to the Pakistan Telecommunication Authority’s chairman and the information technology ministry’s secretary, seeking their response to a petition against internet disruptions and slowdown in the country.
A bench consisting of Justice Ijaz Anwar and Justice Mohammad Ijaz Khan issued the order after preliminary hearing into the petition filed by lawyer Nauman Muhib Kakakhel seeking the court’s declaration that the disruption and slowdown of the internet service and social media applications was illegal and unconstitutional and was based on mala fide intentions.
The petitioner said the internet had become an integral part of daily life as businesses and social life were dependent on it and social media applications.
He said the internet service was disrupted without any plausible reason or announcement, which had an impact on the daily lives of citizens as the cyber world had become an integral part of lives.
The lawyer said he and similarly placed persons conducted their business and professional work through social media platforms, including WhatsApp.
He, however, said that due to disruptions and throttling, calls, documents, files and voice messages could not be made, received, sent or downloaded.
The petitioner said that no announcement or explanation had been given by the government or relevant quarters as to why there were internet disruptions.
During the hearing, Justice Ijaz Anwar wondered what a firewall was.
The petitioner replied that it was a security system for monitoring incoming and outgoing internet traffic and through it, the government decided to allow or block specific internet traffic and stopped downloading of audio and video messages.
The bench observed that people had been facing internet disruption and slowdown for a couple of days, with the government attributing the issue to the massive use of virtual private networks by people.
The petitioner said that people were forced to use VPNs to continue with their daily life, which was putting their data at risk, including bank accounts.
He added that people had no other option but to use VPN.
Mr Kakakhel said that Pakistan was a market of freelancers, e-commerce and online businesses, and international corporations and private individuals preferred to outsource those services, especially freelancing, from the country.
He, however, said that those businesses couldn’t be conducted due to internet slowdown, which was not only causing losses to individuals but also to the national exchequer.
The petitioner said that Pakistani youth also enjoyed a good reputation in e-commerce and online businesses in the global market, but they were handicapped due to the connectivity issue.
He contended that the Constitution guaranteed fundamental rights, and the right to the internet formed a big part of the right to life, which was an essential facility in the modern world for every purpose connected with human activities, be it educational, business, banking, or swift communications.
He said the high court was a custodian of fundamental rights provided in the Constitution, therefore the grievances of the petitioner and every citizen of Pakistan ought to be redressed and their rights protected.
The respondents in the petition are the PTA through its chairman and the federal secretary of the information technology and telecommunication ministry.
Published in Dawn, August 22nd, 2024