Countering fake news

The general elections in Pakistan, concluded on February 8, 2024, amidst controversies, leaving observers astonished as all political parties expressed grievances regarding the electoral procedures. They are voicing concerns about mismanagement and manipulations during and after the voting process. This unexpected outcome has sparked widespread debate and scrutiny, emphasizing the significance of addressing transparency and accountability issues within the electoral system. The contentious nature of the election results has further fueled tensions and raised questions about integrity of democracy in Pakistan highlighting the pressing need for comprehensive electoral reforms to ensure fairness, impartiality, and public confidence in future elections.

In addition to the electoral bungling, there is growing scrutiny over the influence of electronic and social media platforms. Political parties, independent analysts, and ordinary citizens are increasingly critical of the role played by electronic media, anchors, and journalists in disseminating unverified or false information. This trend, unfortunately, has persisted in Pakistan for nearly a decade, exacerbating societal divisions and fostering polarization. The unchecked spread of misinformation through television channels has eroded trust in media institutions punching further holes in the existing societal fissures. Propagation of fake news not only undermines the credibility of journalism but also poses significant challenges to democratic discourse and informed decision-making.

In recent years, a notable trend has emerged in Pakistan, with both television anchors and social media influencers launching their own YouTube channels. According to Statista, Pakistan ranks among the top ten countries globally in terms of YouTube audience size. As of January 2024, Pakistan occupies the seventh position, with approximately 71.7 million YouTube users, trailing countries like India, the United States, and Brazil. This underscores the significant influence of YouTube as a platform for content consumption and dissemination in the country.

Similarly, data from the World Population Review reveals that Pakistan has around 4.7 million Twitter users as of 2024, indicating a voluminous presence but the United States leads the pack with 95.4 million users, followed closely by Japan and India. These statistics highlight the growing influence of social media platforms like Twitter and YouTube in shaping public discourse and opinion.

In parallel, as per the World Population Review, the count of Facebook users in Pakistan amounts to approximately 37.3 million, representing a significant 15.21% of the population. Comparatively, India boasts the highest number of Facebook users globally, totaling 314.6 million, followed closely by the United States, Indonesia, and Brazil with 175 million, 119.9 million, and 109.1 million users respectively. Beyond YouTube, Twitter, and Facebook, other platforms such as Instagram and WhatsApp, TikTok also maintain a prominent presence in Pakistan’s digital landscape.

While social media platforms have undoubtedly simplified communication and provided a forum for individuals to express their thoughts and stay connected with loved ones, they also serve as powerful tools for disseminating messages to the public at large, adding great value to societal discourse. The monetization opportunities offered by these platforms have enabled governments and countries to address poverty by empowering users to monetize their online presence, provided they meet specific criteria and requirements. However, a pressing issue faced by numerous nations, including Pakistan, is the proliferation of disinformation and fake news, which have contributed to polarization, societal division, and a decline in public trust and patience.

Pakistan is considered one of the highest risk countries which is being impacted due to misinformation. The Global Risk Report 2024 published by the World Economic Forum emphasised that “misinformation and disinformation is a new leader of the top 10 rankings this year. No longer requiring a niche skill set, easy-to-use interfaces to large-scale artificial intelligence (AI) models have already enabled an explosion in falsified information and so-called ‘synthetic’ content, from sophisticated voice cloning to counterfeit websites”.

The same report while discussing distrust in election process highlights that “the presence of misinformation and disinformation in these electoral processes could seriously destabilize the real and perceived legitimacy of newly elected governments, risking political unrest, violence and terrorism, and a longer-term erosion of democratic processes. Recent technological advances have enhanced the volume, reach and efficacy of falsified information, with flows more difficult to track, attribute and control”.

The recent elections in Pakistan demonstrate an interesting scenario where electronic media outlets played a proactive role despite challenges posed by disruptions in mobile and internet services across the country. Analysts operating within media rooms voiced frustrations over signal connectivity issues, compounded by mobile and internet blackouts. Despite these obstacles, television channels managed to receive election results from various regions, including those with known mobile connectivity issues. However, the situation took a sudden turn when these channels abruptly ceased result dissemination and instead began criticizing the Election Commission of Pakistan (ECP) for alleged withholding of results.

The abrupt shift in narrative prompted political parties and independent analysts to question the media’s integrity, particularly regarding the unverified linking of independent candidates to specific parties. Furthermore, concerns were raised regarding dissemination of unauthenticated results by media outlets, bypassing the ECP’s verification process. This pursuit of being the foremost source of information led to contamination of the entire election process, despite efforts of the ECP staff, law enforcement agencies, and the Pakistani populace to ensure a smooth electoral procedure. Such practices not only undermine the credibility of media institutions but also erode public trust in the electoral process, necessitating robust measures to uphold transparency and accountability in future elections.

Apart from the election controversy, the Global Risk Report highlights the top five risks confronting Pakistan, as identified through an executive opinion survey. These include economic downturns, energy supply shortages, extreme weather events, inflation, and the proliferation of misinformation and disinformation. While the upcoming federal government focuses on addressing various challenges such as economic growth, governance, prudent foreign policy, education, and healthcare, it also bears the responsibility of regulating electronic and social media activities without infringing upon the right of free speech.

Pakistan has previously enacted laws such as the Criminal Defamation Law and the Prevention of Electronic Crimes Act, 2016, aimed at addressing these concerns. However, amendments made in 2022 expanded the scope of these laws, extending beyond defamation of individuals by inserting the definition of “persons” to include criticism of government entities and the military. The same amendment further extended the right to anyone for filing complaint against fake news shared on platforms like Twitter and Facebook. Furthermore, these amendments increased the maximum prison term for such offenses from three to five years. Balancing the imperative of combatting misinformation with the protection of free speech remains a critical challenge for the government moving forward.

Pakistan immediately requires a comprehensive legislative framework to mitigate the escalating polarization that poses a significant risk to our national unity and security. Drawing inspiration from nations like Japan, Canada, and the United Kingdom, which have enacted effective measures to combat fake news, we can implement similar strategies tailored to our context. Recent instances of Pakistan’s major media outlets being held accountable for disseminating fake news and facing legal repercussions in defamation suits abroad emphasize the urgent need for action.

Moreover, Finland’s grassroots initiatives aimed at educating students, journalists, and social media influencers about the ramifications of fake news serve as a model for promoting media literacy and responsible online behavior. Reforming our education system to prioritize critical thinking skills and empowering students to engage in fact-checking and information analysis is imperative. Additionally, revamping the judicial system to ensure accountability and transparency in appointments and conduct is essential. Parliamentary oversight and robust checks and balances can mitigate the adverse effects of judicial overreach and promote impartiality in addressing fake news and misinformation. Embracing these measures collectively will fortify our nation against the scourge of fake news and uphold the principles of truth and integrity in our society.

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Dr. Ikramul Haq, Advocate Supreme Court, specialises in constitutional, corporate, media and cyber laws, ML/CFT, IT, intellectual property, arbitration and international taxation. He holds LLD in tax laws with specialization in transfer pricing. He was full-time journalist from 1979 to 1984 with Viewpoint and Dawn. He served Civil Services of Pakistan from 1984 to 1996. He established Huzaima & Ikram in 1996 and is presently its chief partner. He studied journalism, English literature and law. He is Chief Editor of Taxation.  He is country editor and correspondent of International Bureau of Fiscal Documentation (IBFD) and member of International Fiscal Association (IFA). He is Visiting Faculty at Lahore University of Management Sciences (LUMS) and member Advisory Board and Visiting Senior Fellow of Pakistan Institute of Development Economics (PIDE).

He has coauthored with Huzaima Bukhari many books that include Tax Reforms in Pakistan: Historic & Critical Review, Towards Flat, Low-rate, Broad and Predictable Taxes (revised & Expanded Edition,  Pakistan: Enigma of Taxation, Towards Flat, Low-rate, Broad and Predictable Taxes (revised/enlarged edition of December 2020), Law & Practice of Income Tax, Law , Practice of Sales Tax, Law and Practice of Corporate Law, Law & Practice of Federal Excise, Law & Practice of Sales Tax on Services, Federal Tax Laws of Pakistan, Provincial Tax Laws, Tax Laws of Pakistan, Principles of Income Tax with Glossary and Master Tax Guide, Income Tax Digest 1886-2011 (with judicial analysis).

He is author of Commentary on Avoidance of Double Taxation Agreements, Pakistan: From Hash to Heroin, its sequel Pakistan: Drug-trap to Debt-trap and Practical Handbook of Income Tax. Two books of poetry are Phull Kikkaran De (Punjabi 2023) and Nai Ufaq (Urdu 1979 with Siraj Munir and Shahid Jamal). He regularly writes columns for many Pakistani newspapers and international journals and has contributed over 2500 articles on a variety of issues of public interest, printed in various journals, magazines and newspapers at home and abroad.

Twitter: DrIkramulHaq

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Abdul Rauf Shakoori, Advocate High Court, is a subject-matter expert on AML-CFT, Compliance, Cyber Crime and Risk Management. He has been providing AML-CFT advisory and training services to financial institutions (banks, DNFBPs, Investment companies, Money Service Businesses, insurance companies and securities), government institutions including law enforcement agencies located in North America (USA & CANADA), Middle East and Pakistan. His areas of expertise include legal, strategic planning, cross border transactions including but not limited to joint ventures (JVs), mergers & acquisitions (M&A), takeovers, privatizations, overseas expansions, USA Patriot Act, Banking Secrecy Act, Office of Foreign Assets Control (OFAC).

Over his career he has demonstrated excellent leadership, communication, analytical, and problem-solving skills and have also developed and delivered training courses in the areas of AML/CFT, Compliance, Fraud & Financial Crime Risk Management, Bank Secrecy, Cyber Crimes & Internet Threats against Banks, E–Channels Fraud Prevention, Security and Investigation of Financial Crimes. The courses have been delivered as practical workshops with case study driven scenarios and exams to insure knowledge transfer.  His notable publications are: Rauf’s Compilation of Corporate Laws of Pakistan, Rauf’s Company Law and Practice of Pakistan and Rauf’s Research on Labour Laws and Income Tax and others.

 His articles include: Revenue collection: Contemporary targets vs. orthodox approach, It is time to say goodbye to our past, US double standards, Was Due Process Flouted While Convicting Nawaz Sharif?, FATF and unjustly grey listed Pakistan, Corruption is no excuse for Incompetence, Next step for Pakistan, Pakistan’s compliance with FATF mandates, a work in progress, Pakistan’s strategy to address FATF Mandates was Inadequate, Pakistan’s Evolving FATF Compliance, Transparency Curtails Corruption, Pakistan’s Long Road towards FATF Compliance, Pakistan’s Archaic Approach to Addressing FATF Mandates, FATF: Challenges for June deadline, Pakistan: Combating the illicit flow of money, Regulating Crypto: An uphill task for Pakistan. Pakistan’s economy – Chicanery of numbers. Pakistan: Reclaiming its space on FATF whitelist. Sacred Games: Kulbhushan Jadhav Case. National FATF secretariat and Financial Monitoring Unit. The FATF challenge. Pakistan: Crucial FATF hearing. Pakistan: Dissecting FATF Failure, Environmental crimes: An emerging challenge, Countering corrupt practices .

Twitter: Abdul Rauf Shakoori

The recent publication, coauthored with Huzaima Bukhari, is

Pakistan: Tackling FATF Challenges & Solutions

available at:  https://www.amazon.com/dp/B08RXH8W46  and https://aacp.com.pk/

Dr. Ikramul Haq, Advocate Supreme Court, specialises in constitutional, corporate, media, ML/CFT related laws, IT, intellectual property, arbitration and international tax laws. He is country editor and correspondent of International Bureau of Fiscal Documentation (IBFD) and member of International Fiscal Association (IFA). He is Visiting Faculty at Lahore University of Management Sciences (LUMS) and member Advisory Board and Visiting Senior Fellow of Pakistan Institute of Development Economics (PIDE). He can be reached on Twitter @DrIkramulHaq.