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Pakistan’s federal Ministry of Information Technology and Telecommunication (MoITT) recently authorized extensive powers to the country’s surveillance authorities. This includes intercepting and tracing calls, monitoring various forms of digital communication, and accessing previously end-to-end encrypted messages — all in the name of “national security.”
The decision directly contradicts a written order from the Islamabad High Court, which explicitly prohibits the surveillance of citizens to this extent and provides for severe penalties for violations.
However, the MoITT defended its decision citing Section 54 of the Pakistan Telecommunication Reorganization Act (PTRA) 1996. This section empowers the federal government to authorize surveillance measures in the interest of national security.
The MoITT’s controversial decision has sparked anger among the public and digital rights organizations. Earlier this week, a petition was filed in the Sindh High Court challenging the decision. The petitioner argues that it constitutes a “violation of the fundamental right to privacy” and “breaches international obligations,” particularly Article 12 of the Universal Declaration of Human Rights (UDHR), which prohibits interference with individual privacy. Pakistan is a signatory to the UDHR.
Journalists argue that the true intention of the ministry directive is not to combat misinformation, as claimed by authorities but to silence dissent. Critics also highlight contradictions within the legal framework of the PTRA, which is being cited as the basis of the decision. They point to PTRA’s Section 4C, which promises “protection of the interests of the users of telecommunication services,” and Article 19 of the Pakistani Constitution, which safeguards freedom of expression.
Additionally, critics reference the E-Safety Bill 2023, which aims to prevent unauthorized access to and misuse of user data and information systems, and the Investigation for Fair Trial Act, 2013, which permits access to communication, including data, emails and telephone calls on the condition that a judicial warrant is produced. However, in the last 11 years, the legislation has not been used as no such warrant was ever obtained.
Thus, the implications of the government’s decision appear to extend far beyond its stated purpose of national security. It only undermines existing laws intended to protect privacy and freedom of speech. This poses a significant threat to individual freedom to the extent that what someone says in private conversations and their online activity will be enough for legal charges which may lead to arrest, interrogations, torture and confiscation of digital devices.
But surveillance in Pakistan is nothing new; private communication and public data have long been compromised.
In March this year, a report by a Joint Investigation Team revealed that around 2.7 million citizens’ data from the National Database and Registration Authority (NADRA) had been compromised between 2019 and 2023, with over 4 million citizens potentially under constant surveillance.
On the other hand, social media platforms such as Facebook, X (formerly known as Twitter), YouTube, and various websites have been banned, off and on in the country. In fact, microblogging site X has been banned since mid-February. The restriction was imposed after the February 8 general elections, when protesters took to social media to voice against alleged election rigging. The Ministry of Interior, however, justified the ban, citing the “misuse of the platform, misinformation, maintaining public order and in the interest of national security.”
According to a July 2015 report “Tipping the scales: Security & surveillance in Pakistan” from the U.K. charity Privacy International, the major targets of surveillance in Pakistan include journalists, lawyers, rights activists, and anyone who challenges power. Opposition politicians and Supreme Court judges are also a major target.
In fact, MoITT’s recent decision came after high-profile audio clip leaks, including those of Bushra Bibi, wife of former Prime Minister Imran Khan. It was when petitions were filed against these alleged audio leaks that the Islamabad High Court ruled such surveillance as “illegal and unconstitutional.” However, this ruling was then challenged by the ministry, which took legal cover for mass surveillance under Section 54 of the PTRA.
The ongoing tensions between national security needs and the protection of individual freedoms remain a significant challenge. Despite decades of surveillance, both legal or illegal, this approach has largely failed to address actual security threats.
According to the Global Terrorism Index, Pakistan experienced the highest number of terrorist incidents globally in 2023 and has consistently ranked among the highest for the past 15 years. The country also ranks 140th out of 163 countries on the Global Peace Index, a statistic that has only deteriorated over the years.
On the other hand, the economic implications of the intensified surveillance are also substantial. According to news reports, Pakistan has been purchasing Israeli phone hacking technology since 2012 for an undisclosed sum of money. In 2019, it spent $18.5 million on a surveillance system from Sandvine, a Canadian network intelligence company to monitor communications, among other international deals. This is a major strain on its resources at a time when it is struggling with a severe economic crisis.
The recent expansion of surveillance powers not only conflicts with established legal protections for privacy and freedom of speech but also raises critical questions about oversight and accountability. Who will ensure these measures do not infringe upon fundamental rights? And, more importantly, will the increased surveillance address security threats, or will it continue to primarily target its own citizens and suppress dissent?
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