The government has brought the amendments in the official secret act according to which, individuals associated with secret agencies who reveal the identity of employees, spies, or sources will be considered criminals.
According to the amendment those revealing identities will face imprisonment for up to three years or a fine of up to Rs one million, or both penalties.
The same penalties will apply to those assisting in revealing identities, conspiring, or attempting to reveal identities. Obtaining or disclosing information related to the capabilities, weapons, tools’ invention, research, development, production, maintenance, operations, or storage of security forces, or conveying such information to anyone, will be considered a crime.
Any connection to a foreign agent through an address within or outside Pakistan will be deemed as contact with an enemy. If the name or address of an enemy or foreign agent is obtained from any person, whether inside or outside Pakistan, that person will also be considered in contact with an enemy.
Accessing, entry, attack, or causing destruction to prohibited areas, including forbidden locations, constructing a sketch, plan, or model that could benefit the enemy, obtaining or distributing any government code or password, electronic device, or conveying such information will be considered a crime.
Unauthorized access through electronic devices or otherwise to documents or information, unlawfully, from within or outside Pakistan, to national security information, or any place, territory, building, or property holding secure information or assets, can be designated as prohibited locations.
Any person working directly or indirectly, willingly or unwillingly, for any foreign power, agent, non-state actors, agencies, or groups will be considered an enemy. Prohibited locations will also include offices, camp offices, and any part of buildings related to Pakistan’s defense.
During the legislative process, some government members inside the Senate have shown opposition along with the opposition parties. Ali Zafar, a senator from the Pakistan Tehreek-e-Insaf, has expressed hope that the majority of senators from the ruling alliance will support them.
The introduction of such laws, including the Official Secrets Act Amendment Bill, in the Parliament has raised concerns among various quarters, including the Human Rights Commission of Pakistan (HRCP), which has criticized the bills, stating that they will not be taken seriously on the floor of the National Assembly.
HRCP has referred to the bill as a draconian law and has indicated that it appears to have been hastily prepared, targeting the events of May 9, which goes against several decisions of the Supreme Court.
In the event of approval, these bills would exacerbate the trust deficit between security agencies and the public. The potential for misuse and an increase in enforced disappearances is also a concern after the passage of these bills.
The passage of these laws could have implications for security agencies and their relationships with the public. There is potential for a significant impact on freedom of the media as well. After the approval of these bills, concerns about forced disappearances may increase.
During the legislative process, HRCP has criticized the bills, stating that they will not be taken seriously on the floor of the National Assembly. HRCP has referred to the bill as a draconian law.
Additionally, HRCP has expressed concerns about the Personal Data Protection Bill and the E-Safety Bill, stating that they do not adhere to international standards of data privacy and instead limit digital rights.
This new legislation, including the Official Secrets Act Amendment Bill, has stirred controversy and criticism, indicating potential challenges ahead for Pakistan’s legal landscape and its impact on civil liberties and national security.