Pakistan Telecommunication Authority (PTA) opines that there ought to be a mandatory registration locally for15 good years for all Over-The-Top services that are quite popular at present, in the market- YouTube, Netflix, WhatsApp, Facebook, and X (Twitter).
PTA’s Categorization of OTT Services
According to a 14 page-draft available on its website, the PTA has suggested that OTT Communication Services working in Pakistan get a license from the regulatory body valid for 15 years.
PTA has divided OTT services into three: non-broadcasting media services, Application Service such as Facebook, Instagram, Twitter, and Communication Services such as Viber, Skype, and WhatsApp. (For instance, YouTube and Netflix would come under the first category, Facebook, Instagram, and Twitter under the second)
Consequences of None Compliance
The draft proclaims any OTT services working without PTA authorization as illegal if such OTT services are not oriented to comply with the new framework for 12 months in case these are framed. These controversial rules sought to buttress the compulsory registration of OTT services at the local level.
In May 2022, Islamabad High Court of has asked the government to review 2021 Rules and also directed to ensure that these rules are in consonance with constitutional rights, but till now there are no amendments made in the rules for the same.
By the time this report was issued, the PTA’s spokesman had not responded to inquiries concerning the purpose of the local registration requirement, the ramifications for noncompliant OTT providers, or the means by which the PTA plans to protect the security and privacy of Pakistani user data held locally.
Concerns Raised by Digital Rights Advocates
Digital rights advocates caution that the PTA’s action shows a desire for more control over content available online.
The Senate’s Previous Rejection
The Senate Functional Committee on Human Rights later rejected the 2020 proposed regulation.
Localization of User Data
According to Khilji, who spoke with Geo Fact Check, the recently suggested framework aims to localize online data belonging to Pakistani users. He stated over the phone, “But PTA wants social media companies to store their data in Pakistan, so these companies will have to provide access whenever the government asks for [a private citizen’s] data.”
