The Ministry of Defence has provided information to the Islamabad High Court (IHC) regarding the identification of users who upload specific content, such as audio, video, or pictures, on social media platforms. According to the ministry, only social media platforms themselves can identify such users. The Federal Investigation Agency (FIA) is the designated agency for dealing with cybercrimes under the Pakistan Electronic Crime Act (PECA) of 2016. The FIA has the authority to access information from service providers (social media platforms) as per Section 35 of PECA. The ministry submitted this report in response to a case involving leaked phone call recordings allegedly involving Najam-us-Saqib, the son of former top judge Saqib Nisar, and Bushra Bibi, the wife of former Prime Minister Imran Khan.
The report also highlighted the availability of inexpensive tools on smartphones for recording phone conversations, as well as paid services that claim to extract data from devices. It acknowledged the possibility of leaked or hacked recordings, citing advancements in artificial intelligence that enable voice alteration and mimicry.
In an order issued on December 23, the court expressed surprise at the state’s inability to identify individuals who record private telephone conversations and engage in illegal acts. The court instructed the directors general of the FIA and the Intelligence Bureau (IB) to appear in court on February 19, 2024, with reports on their investigations to identify the social media accounts responsible for releasing and circulating the illegally recorded voice calls.
The court highlighted the government’s position that law enforcement and intelligence agencies in the country lack the technological capacity for electronic surveillance or identifying those involved in illegal surveillance. Given that the leaked audios involve conversations of two former prime ministers, the court found the government’s stance shocking. It emphasized the state’s responsibility to protect citizens’ fundamental rights and called for strict scrutiny to uphold these rights.
The court also referred to the Attorney General for Pakistan’s statement that the FIA had contacted social media platforms to gather information on the sources of the leaked voice calls.
Overall, the court is taking the matter seriously, recognizing the importance of protecting citizens’ rights and the need for thorough investigation into the leaked audios.
