PTA Lacks Power to Enforce Age Verification for Minors

ISLAMABAD: On Thursday, the Pakistan Telecommunication Authority (PTA) presented its stance to the Islamabad High Court (IHC), asserting that it does not possess the statutory authority to enforce mandatory age verification or limit social media access for minors under the age of 16. This statement came in response to a writ petition, filed in August by Waqas Nasir, which called for federal intervention to protect children from the risks associated with social media.

Legal Context of Social Media Regulation

The Petition's Claims

The writ petition submitted by Nasir contends that children are increasingly vulnerable to various harms on social media, including:

- Cyberbullying

- Online harassment

- Exposure to inappropriate content

This prompted the petitioner to urge the state to develop a comprehensive legal and regulatory framework aimed at safeguarding minors in the digital landscape. Following the filing, the IHC sought responses from relevant ministries and authorities, including the PTA, to inform their decision.

PTA’s Response

In its detailed report to the court, the PTA cited two core reasons for its lack of authority:

1. Statutory Limitations: The PTA emphasized that its mandate is confined to the powers granted to it by law. Therefore, it cannot unilaterally implement a minimum age for social media usage.

2. Technical Constraints: The rapidly changing technological environment poses additional challenges. The authority noted that major social media platforms operate as “Over the Top” (OTT) services, which are not bound to local laws or regulations.

The PTA stated, "We are bound to exercise only the powers conferred upon us by law," highlighting the complexities of creating a new statutory age-verification mechanism. This report was crucial in illustrating the difficulties in regulating content on social media from a legal and technical standpoint.

Shifting Landscape of Regulation

Upcoming Changes in Authority

The PTA brought attention to the recent enactment of the Prevention of Electronic Crimes (Amendment) Act 2025, which is set to usher in a new regulatory body— the Social Media Protection and Regulatory Authority (SMPRA). Until this new entity is formally instituted, the PTA must continue to operate under the original framework established by Peca 2016. Notably, the PTA referred to its responsibilities as deteriorating in nature due to the evolving legal standards.

Challenges of Content Regulation

The PTA's report highlighted numerous challenges around content regulation:

- Encrypted Communications: Major platforms like Facebook and Google use HTTPS encryption, making it nearly impossible to monitor or regulate specific content.

- Community Guidelines: Content removal requests made by the PTA often face hurdles due to misalignment with the platforms’ own community guidelines.

- Emerging Technologies: The role of Artificial Intelligence (AI) in shaping online interactions further complicates regulatory efforts, demanding a flexible and innovative approach.

Despite these hurdles, the PTA has managed significant achievements. According to its report, the authority has successfully blocked approximately 88.20% of over 17 million URLs identified as harmful. The PTA also engages in a variety of awareness campaigns, collaborating with international organizations such as UNICEF and Meta to promote digital literacy.

What This Means for the Future

The PTA is requesting the court dismiss the petition regarding regulations beyond its current authority. It insists that any future assessments of its performance should align with its legally defined responsibilities. As Pakistan grapples with the complexities of online safety for children, the conversation around social media regulation continues to evolve, raising important questions about the balance between innovation and protection.

As discussions progress, stakeholders await the development of the SMPRA and hope for clearer guidelines that can shape a safer digital environment for minors in Pakistan.