Pakistan Audio and Video Recording Laws

Can You Record Conversations in Pakistan?

Constitutional Privacy Protections

The right to privacy in Pakistan is enshrined as a fundamental right under Article 14(1) of the Constitution of the Islamic Republic of Pakistan, 1973, which states:

“The dignity of man and, subject to law, the privacy of home, shall be inviolable.”

While the constitutional text specifically mentions “privacy of home,” Pakistani courts have interpreted this protection broadly to extend beyond physical boundaries. The Supreme Court has consistently held that privacy rights protect:

• Telephone and electronic communications
• Personal data and information
• Activities in public spaces where a reasonable expectation of privacy exists
• Correspondence and messaging

Article 14(2) also provides that “No person shall be subjected to torture for the purpose of extracting evidence,” reinforcing the constitutional protection of individual dignity.

As a fundamental right, privacy takes precedence over inconsistent provisions of domestic law. Article 8 of the Constitution states that any law inconsistent with fundamental rights “shall, to the extent of such inconsistency, be void.”

How can you gain consent of all parties?

If you require consent from the parties taking part in the conversation, you may gain consent to make a recording by:

• Getting verbal or written consent prior to the recording being made.
• A verbal notification being played before the conversation begins. (For example: “This phone call is being recorded for quality control purposes…”).

In addition to the recording laws requiring the consent of all parties, in Pakistan there are other laws preventing additional types of eavesdropping.

Unauthorized Interception of Communications

It is against the law, with dishonest intentions, to commit unauthorized interception, by technical means, of:

• Any transmission not intended to be and is not open to the public, from or within an information system.
• Electromagnetic emissions from an information system carrying data.

The punishment for this is imprisonment not exceeding 2 years or a fine not exceeding 500,000 rupees, or both.

This is covered under Section 17 of The Prevention of Electronic Crimes Act, 2016.

Key Laws Governing Recording and Surveillance

Pakistan’s legal framework for recording and surveillance has evolved significantly over time. The key statutes include:

Telegraph Act, 1885

This colonial-era law, still in force, empowers the government to intercept messages or take possession of licensed telegraphs in the interest of public safety or during public emergencies. Section 5 allows the federal or provincial government to authorize interception of messages.

Pakistan Telecommunication (Re-organisation) Act, 1996

This act established a broader framework for surveillance and interception. Section 54 provides a national security provision allowing the federal government to authorize individuals or agencies for “tracing or interception of calls and messages.”

Investigation for Fair Trial Act, 2013 (IFTA)

The IFTA is the primary legislation regulating lawful surveillance in Pakistan. It permits access to data, emails, telephone calls, and any form of computer or mobile phone-based communication, but only with a judicial warrant from a High Court Judge. Key provisions include:

• A warrant can only be issued for scheduled offences related to terrorism and anti-state activities
• The requesting agency must submit a detailed report with supporting material
• The warrant must be approved by the Minister of Interior before submission to a High Court Judge
• Initial warrants are valid for up to 60 days and can be renewed

Prevention of Electronic Crimes Act, 2016 (PECA)

PECA is the most comprehensive legislation addressing electronic crimes and digital privacy. Key sections relevant to recording include:

Table of Contents

📑 Table of Contents (click to expand)

• Can You Record Conversations in Pakistan?
• Constitutional Privacy Protections
• Unauthorized Interception of Communications
• Key Laws Governing Recording and Surveillance
• Recordings Concerning the Dignity of a Person
• Can You Record Videos of Others in Pakistan?
• Notable Court Cases on Recording and Privacy
• The Pakistan Audio Leaks Controversy (2022-2024)
• Workplace Recording in Pakistan
• Journalist and Media Recording Rights
• International Obligations
• Are Recordings Admissible in Court?
• Summary of Pakistan Recording Laws

Recordings Concerning the Dignity of a Person

It is an offence against the dignity of a person to intentionally and publicly exhibit, display, or transmit any information through an information system that he or she knows is false, to intimidate or harm the reputation or privacy of a natural person. This is covered under Section 18 of The Prevention of Electronic Crimes Act, 2016.

The punishment for this is imprisonment not exceeding 3 years or a fine not exceeding 1 million rupees, or both.

Exceptions apply to anything aired by a broadcast media or distribution service licensed by the relevant authorities.

Can You Record Videos of Others in Pakistan?

Section 21 of The Prevention of Electronic Crimes Act 2016 states that a person commits the offence of cyberstalking who, with the intent to coerce or intimidate or harass any person, uses an information system, information system network, the internet, website, electronic mail or any other similar means of communication to:

• Monitor the use by a person of the internet, electronic mail, text message or any other form of electronic communication.
• Watch or spy upon a person in a manner that results in fear of violence or serious alarm or distress, in the mind of such a person.
• Take a photograph or make a video of any person and display or distribute it without his or her consent in a manner that harms such a person.
• Follow a person or contact or attempt to contact such a person to foster personal interaction repeatedly despite a clear indication of disinterest by such a person.

The punishment for violating this section is a 3-year jail term and a fine of 1 million rupees. If the victim is a minor, the punishment extends to imprisonment of 5 years or a fine of 10 million rupees, or both.

Section 19 of The Prevention of Electronic Crimes Act 2016 considers it an offence against the modesty of a natural person and minors, through an information system to harm a natural person or his reputation, or to take revenge, or to create hatred or to blackmail to:

• Superimpose (photoshop) a photograph of the face of a natural person over any sexually explicit image or video.
• Include a photograph or a video of a natural person in sexually explicit conduct.
• Intimidate a natural person with any sexual act, or any sexually explicit image or video of a natural person.
• Cultivate, entice or induce a natural person to engage in a sexually explicit act.

The punishment for this offence is imprisonment for a term not exceeding five years or a fine not exceeding 5 million rupees, or both.

Section 19A makes it illegal to intentionally produce, offer, make available, or transmit through an information system or procure for yourself or another person or, without lawful justification, possess material in an information system that visually depicts child pornography.

The punishment for this is imprisonment not exceeding seven years, or a fine not exceeding five million rupees, or both.

Notable Court Cases on Recording and Privacy

Pakistani courts have established significant precedents regarding privacy and recording through several landmark cases:

Mohtarma Benazir Bhutto v. President of Pakistan (1998)

This landmark Supreme Court case is the cornerstone of privacy jurisprudence in Pakistan. The court discovered that the government had conducted widespread surveillance, including phone tapping of the superior judiciary, legislators, journalists, opposition members, and even government party members.

Key findings of the court included:

• Surveillance is illegal, immoral, and unconstitutional when conducted without legal justification
• Phone tapping and eavesdropping violate the fundamental right to life under Article 9 and privacy under Article 14
• Bugging private homes and chambers of the superior judiciary undermines judicial independence
• The term “privacy at home” is not limited to the four walls of a home but extends to public spaces where individuals have a reasonable expectation of privacy
• Covert surveillance of judges by intelligence agencies was deemed a sufficient ground for the dissolution of a government

This judgment established that telephone conversations are private and protected by the Constitution.

M.D. Tahir v. Director State Bank of Pakistan (2004)

The Supreme Court reaffirmed that conversations over the phone are private and intimate in nature and are protected by the Constitution. This case extended the privacy protections established in the Benazir Bhutto case to banking and financial sector communications.

Justice Qazi Faez Isa v. President of Pakistan (2021)

This case raised important questions about the limits of surveillance. The majority held that obtaining tax or property records from public databases did not constitute an invasion of privacy. However, significant dissenting opinions by Justice Mansoor Ali Shah and Justice Maqbool Baqar argued that:

• Intelligence agencies do not have carte blanche to probe into the lives of ordinary citizens
• Probing into citizens’ lives through surveillance and interception without the force of law violates fundamental rights
• Covert surveillance without authorization, legality, or reason confirms a violation of constitutional rights

Manzoor Ahmad v. The State (1990)

The Supreme Court found that eavesdropping, tapping stealthily, and photographing something inside a house are invasions of privacy prohibited under both the Constitution and Islamic principles.

The Pakistan Audio Leaks Controversy (2022-2024)

The Pakistan audio leaks controversy is a significant real-world example of recording laws in action. Beginning on September 24, 2022, multiple audio files of purported conversations allegedly recorded in the Prime Minister’s Office surfaced online. These recordings included conversations involving Prime Minister Shehbaz Sharif, former Prime Minister Imran Khan, and other political figures.

Key developments:

• September 2022: Audio leaks from the PM Office emerged, prompting a National Security Committee meeting
• October 2022: The Interior Minister stated that PM House staffers were identified as responsible, claiming they leaked recordings for money
• 2023: Bushra Bibi and Najam Saqib (son of former Chief Justice Saqib Nisar) filed petitions in the Islamabad High Court over leaked audio conversations
• May 2024: The Islamabad High Court issued a restraining order prohibiting telecom companies from phone tapping for surveillance
• April 2024: Justice Babar Sattar imposed fines of Rs. 500,000 each on PEMRA, PTA, and FIA for seeking his recusal from the case

Former Prime Minister Imran Khan was indicted in October 2023 for leaking state secrets related to a classified diplomatic cable. He was initially sentenced to 10 years in prison but was later acquitted on appeal in June 2024.

This controversy highlights the tension between national security interests and individual privacy rights in Pakistan’s evolving legal landscape.

Workplace Recording in Pakistan

Pakistan does not have specific legislation dedicated to workplace surveillance and recording. However, the general principles of privacy law and PECA apply to workplace environments:

Employer CCTV and Video Surveillance

• Employers may install CCTV cameras in common areas for legitimate security purposes
• Employees should be notified that surveillance is in place
• Recording in private areas such as restrooms or changing rooms is prohibited
• Audio recording of workplace conversations without consent may violate PECA provisions

Employee Recording Rights

• Employees cannot secretly record conversations with colleagues or supervisors without consent
• Recording workplace harassment or illegal activities may have different considerations, but should be approached cautiously
• Evidence obtained through unauthorized recording may still be admissible in court, though the recorder could face separate legal consequences

Best Practices for Employers

• Implement clear workplace surveillance policies communicated to all employees
• Obtain written acknowledgment from employees regarding surveillance practices
• Limit surveillance to legitimate business purposes
• Ensure data from surveillance is securely stored and accessed only by authorized personnel

Journalist and Media Recording Rights

Journalists in Pakistan operate under a framework that balances press freedom with national security considerations:

Constitutional Protections

Article 19 of the Constitution guarantees freedom of speech and the press, stating: “Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law.”

Protection of Journalists Act, 2014

This act allows journalists and media organizations to cover stories and bring them to audiences without impacting national security. It aims to protect the intellectual, moral, and fundamental rights of citizens in media coverage.

PEMRA Regulations

The Pakistan Electronic Media Regulatory Authority (PEMRA), established under the PEMRA Ordinance 2002 (amended in 2023), regulates broadcast media. PEMRA can:

• License television and radio broadcasters
• Mandate that individuals be notified if they are being recorded for broadcast, unless it is in the public interest
• Restrict live coverage of certain events
• Take action against content deemed prejudicial to national security or public order

Exceptions for Licensed Media

Under PECA Section 18, content aired by broadcast media or distribution services licensed by relevant authorities is exempt from certain provisions regarding offences against dignity. This provides some protection for journalistic activities.

Challenges for Journalists

Despite legal protections, journalists in Pakistan face significant challenges:

• Suspected electronic surveillance of journalists is reportedly widespread
• Female journalists have reported extensive social and electronic surveillance
• Self-censorship due to fear of surveillance affects press freedom
• Restrictions on access during military operations have limited reporting

International Obligations

Pakistan is bound by several international instruments that protect privacy rights:

International Covenant on Civil and Political Rights (ICCPR)

Pakistan ratified the ICCPR in June 2010. Article 17 states that “no one shall be subjected to arbitrary or unlawful interference with his privacy, family or correspondence.” The Human Rights Committee has noted that state parties must adopt legislative and other measures to give effect to this protection.

Universal Declaration of Human Rights (UDHR)

Article 12 of the UDHR, which has the status of customary international law, states that no one shall be subjected to arbitrary interference with respect to privacy.

Convention on the Rights of the Child (CRC)

Pakistan ratified the CRC in November 1990. Article 16 provides that no child shall be subjected to arbitrary or unlawful interference with his or her privacy, and children have the right to legal protection against such interference.

Cairo Declaration on Human Rights in Islam

Signed by Pakistan in August 1990, Article 18 protects the privacy of individuals and creates an obligation on states to respect and protect citizens’ privacy. It explicitly prohibits spying on individuals and states that private residences are inviolable.

Are Recordings Admissible in Court?

All recordings in Pakistan, whether illegal or legal, may be admissible in court as evidence as long as they are relevant to the case. The admissibility of electronic evidence is governed by several provisions:

PECA Provisions on Evidence

Section 30 gives the court powers to authorize an officer to search or seize, after establishing reasonable grounds that an information system or data was acquired through the commission of an offence or may reasonably be required for the purpose of a criminal investigation or criminal proceeding which may assist in proving a specifically identified offence made out under The Prevention of Electronic Crimes Act.

Section 31 gives the court authority to order a person in possession of an information system or data to disclose or surrender such data to an authorized officer upon reasonable grounds that the data is reasonably required for the purposes of a criminal investigation or criminal proceedings with respect to an offence made out under the Prevention of Crimes Act.

Electronic Transaction Ordinance, 2002

This ordinance establishes requirements for electronic evidence, including that:

• The contents of the recording remain accessible for subsequent reference
• The contents and form are as originally generated, sent, or received
• Information enabling identification of origin, destination, and date/time is retained

Data Retention Requirements

Under PECA Section 29, service providers must retain traffic data for a minimum of one year or such period as the Pakistan Telecommunications Authority may notify. This data can be provided to investigation agencies upon production of a court warrant.

Key Considerations

While illegally obtained recordings may be admissible as evidence, the person who made the illegal recording could face separate criminal charges under PECA. Courts will assess:

• The authenticity of the recording
• Whether the recording has been tampered with
• The relevance to the case at hand
• How the recording was obtained

Summary of Pakistan Recording Laws