Recommendations-COP – The State of Children in Pakistan

The threat that advances in information and communication technologies pose to the safety and protection of children is increasingly being recognised. The Government of Pakistan has taken some steps to address the issue, but much more is needed given the magnitude of the problem. Addressing the multidimensional threat posed by technology requires a holistic approach that includes adopting policies and enforcing laws, as well as raising awareness, building capacity, strengthening child protection systems in line with international standards and forming partnerships with CSOs, as well as private, national and international companies.

Contents hide

1 Children

2 Parents/Guardians/Caregivers

3 Educators

4 Electronic Service Providers

5 Government and Law Enforcement Agencies

6 Legislative Bodies: Parliament and Provincial Assemblies

7 International Cooperation

8 Judicial Bodies

9 National Human Rights Institutes (NHRIs)

10 Civil Society Organisations

Children

Giving children the tools to protect themselves from the dangers of technology and become aware of their responsibilities is probably the most effective way of safeguarding children’s rights in digital world. Some steps that can be taken are: educate children about online risks and potential dangers, equip them to report suspicious behaviours and cases of OCSEA, keep personal information private, use privacy settings, talk to trusted adults, etc. Children can also help raise awareness of the problem of OCSEA by passing on information to their peers and encouraging them to be vigilant and take action to protect themselves.

Parents/Guardians/Caregivers

Parents and guardians need to first encourage open and honest communication with their children and be a supportive resource when they come forward with concerns about OCSEA. It is the responsibility of parents to educate their children about the dangers of OCSEA and to make them understand that it is never their fault if they become a victim, and that as parents, guardians, caregivers, they will always be there to support, guide and protect their child.
One of the best-known tools that can help parents keep their children safe online is the use of parental controls, an umbrella term for a variety of different applications and settings that parents can use to monitor and restrict their children’s digital activities. Parental control tools allow parents to proactively protect their children.
It is important that parents limit and control the time their children spend on screens. The more time children spend on screens, the unhealthier it is and the more prone they are to OCSEA. Parents also need to set ground rules for online behaviour, set expectations and discuss different forms of OCSEA with children. This helps to identify OCSEA and encourage them to report it.

Educators

Educators play a crucial role in preventing and raising awareness of COP in schools and educational institutions. They have the opportunity to provide guidance, support and resources to students and parents on how to use the digital world safely.
Integrate COP education into the curriculum to ensure students receive ageappropriate information about online risks and safety measures.
Provide training and workshops for teachers on recognising signs of OCSEA in students and how to respond effectively.
Introduce clear child protection policies and guidelines for online behaviour and use in schools, including protocols for reporting OCSEA incidents.
Creating a supportive environment where students feel comfortable talking about their online experiences and seeking help when needed.

Nayatel offers Parental Control

Nayatel, an ISP, offers free parental control to its customers in Pakistan. The interface helps parents set up parental lock like an alarm on your smartphone. There is an additional Safe Web service that restricts access to harmful websites and content for children for an additional fee.

Electronic Service Providers

The technology industry has a critical role to play in establishing the foundations for safer and more secure use of internet based services and other technologies – for today’s children and future generations. Businesses must put protecting children at the heart of their work, paying special attention and putting systems in place to address violations of children’s rights.
There is a need for the development of innovative technological solutions that improve existing approaches to preventing and combating OCSEA or enable the development of new approaches. If ESP proactively shares its unique knowledge and offers technology-based solutions to relevant stakeholders, this will strengthen collective efforts to reduce OCSEA.
All platforms operating from Pakistan must make flagging, blocking and reporting mechanisms within online platforms clear and accessible to children. These mechanisms should be child-friendly and explicitly outline what children can expect after submitting a report. Platforms and service providers must demonstrate transparency and accountability in the way they respond to children’s reports in a timely manner, take appropriate action within their terms of use, and report to CCW FIA.
Technology companies should consider proactively detecting and eliminating CSAM and identifying grooming attempts and live-streamed CSAM by using technology tools such as PhotoDNA and API Arachnid. Age protection solutions can help protect children from these harms by providing platforms with the information they need to enforce age-based rules and policies. Currently, there are two main methods to determine a user’s age: age verification and age estimation. Age verification describes procedures that validate the user’s age using official documents (such as a government issued ID or credit card information) or a biometric face. Age estimation, on the other hand, is the process of predicting a person’s age based on various factors such as facial features, voice and behavioural patterns. Age estimation algorithms use machine learning and artificial intelligence techniques to analyse data and make predictions about a person’s age.
The FIA can work with ISPs to set up alert mechanisms when child abuse content is accessed through the search engines that enable the dark web. The mechanisms should also have programmes that detect the software and search engines used to access the Dark Web. In this way, the explicit content cannot only be blocked but also help in apprehending the perpetrators.

Putting a duty on App Stores to identify children and prevent them from downloading apps where there is a high risk of grooming will focus company minds on ensuring the problem is tackled on their platforms.”

Andy Burrows, Head of Child Safety Online

The National Society for the Prevention of Cruelty to Children

Netclean developed Technology to detect OCSEA

An example of a private initiative to detect online child sexual abuse material is the technology developed by Netclean, which works similar to an anti-virus programme. The software can be installed on any computer or network and will detect any images and videos that law enforcement agencies have classified as child sexual abuse material.

Government and Law Enforcement Agencies

It is strongly recommended that the CCW of the FIA and Police be strengthened with additional human, budgetary, technical and financial support. There is a need to invest in research and additional equipment and tools to detect, evaluate and analyse child sexual abuse material. Currently, the FIA does not have sufficient staff, experts, and tools to collect and examine digital evidence at sufficient speed for the CCW to conduct proactive and victim-centred investigations and to cooperate nationally and internationally. The government should provide FIA the state-of-the-art equipment, and continuous training on new tools and emerging technologies is also essential.
Psychological support to tackle vicarious trauma to concerned LEAs also required to ensure the mental well-being of officers and enhance their ability to effectively investigate and address cases of child exploitation and abuse.
The government needs to further strengthen the 1991 helpline established by CCW of FIA by providing them with more professional capacity, adequate resources, and better accessibility to children through online technologies such as social media, online chat etc. It should also ensure better coordination with all other helplines at national and federal levels and be linked to Police and the child protection system. The helpline should be widely publicized, including in schools and other public places accessed by children: hospitals, transport hubs, markets, etc.
It is recommended that the CCW FIA should use a child protection case management and referral system (CP-CMRS) for investigation, information sharing and general co-operation in the handling of OCSEA cases.
The overall response to children in need of protection must focus on child protection agencies and authorities rather than law enforcement alone. Direct contact with children and families should be led by trained professionals, as law enforcement agencies are not experts in children’s rights and child protection. There is a need to strengthen child protection agencies with staff and budgetary resources. Close cooperation of child protection workforce with law enforcement agencies will actually reduce the burden of FIA.
Capacity building trainings on COP should be provided to CCW FIA, Police, child protection officers and social workers. These trainings may include understanding the issues, recognising child sexual abuse and exploitation, investigating and collecting evidence of cybercrimes against children, identifying and interviewing child victims, referral and coordination, and providing psychosocial support to victims.
Conduct training for justice professionals, including prosecutors, judges and lawyers, in case management and child and gender- sensitive justice. Upscale the KP model of child protection courts to address such cases. Ensure that only trained justice actors manage such cases. For many children in Pakistan, their experiences have led to feelings of shame and questioning can be a difficult and embarrassing process.
Coordination and collaboration are key to addressing and responding to OCSEA. There are several ministries, departments and agencies that are directly or indirectly responsible for working together against OCSEA in their respective areas of expertise.Establish a comprehensive coordination mechanism at national level for the COP to facilitate consolidated efforts and synergies for better results by involving relevant stakeholders to coordinate strategies, share information and effectively address new challenges.
Private companies and civil society organisations can play an important role in developing technical solutions to combat OCSEA. There is a need to support the development of clear mandates and standard operating procedures for the investigation of technology-facilitated OCSEA that detail the roles and responsibilities of all agencies and stakeholders involved.
It is recommended to integrate the theme of COP into the existing Child Protection Technical Working Groups (TWGs) to provide more holistic and effective responses to online risks and threats to children.
The commendable efforts made by the National Task Force on Prevention and Control of Cybercrimes against Children in the past underscore the importance of reactivating and reinforcing its initiatives for continued impact and effectiveness. A new national policy with provincial action plans involving key stakeholders can serve as a long-term priority setting plan for Pakistan. It can be a valuable tool to help relevant stakeholders understand the scale of the problem and adopt coherent policies, procedures, standards, mechanisms, technologies and other responses. It can also promote cooperation and collaboration among relevant agencies, ministries, departments and provinces in all sectors.
It is recommended that MoITT revise its “National Cyber Security Policy 2021’ to address the issue of COP as part of the cyber security framework.
It is recommended that provincial governments notify and implement child protection policies which will help to structure and organise appropriate prevention and response to OCSEA through coordination between stakeholders.
It is important that both the government and schools ensure that the topic of COP is part of the teaching modules for computer classes and that teachers receive adequate training.
The PTA should continue raising awareness of the importance of COP and the OCSEA among relevant private sector entities, including internet and mobile service providers, to improve understanding of the risks to children, the legal framework and internalisation of child protection policies.

Red Panic Button for Internet Browsers

In UK, Microsoft has teamed up with Child Exploitation and Online Protection Centre (CEOP) to install a red panic button on Internet browsers for users. When a user clicks on the panic button, a computer programme sends a message to the National Crime Police and calls up a tip page to report online sexual abuse. Microsoft provides parents with a range of information to educate their children about internet safety and discourage them from communicating online with strangers. European Commission has developed a blocking mechanism for ISPs called the Child Sexual Abuse Anti-Distribution Filter, which is currently used by ISPs in Denmark, Finland, Italy, Malta, Norway and Sweden.

Legislative Bodies: Parliament and Provincial Assemblies

Priorities the regular review and timely updating of national and provincial laws to adapt them to the evolving technological landscape and ensure that the legal framework remains current and effective in addressing new challenges related to technological advances.
Issue policy directives or guidelines that specify the incorporation of COP and OCSEA awareness in the national curriculum.
Standing Committees in the National Assembly, Provincial Assemblies, and the Senate should actively monitor, review, and recommend administrative measures to enhance the implementation of PECA 2016.

Mandatory Requirement for US Companies

US companies are required by law to report child sexual abuse material to the NCMEC or risk a fine of up to $300,000. On 11 May 2022, the European Commission proposed a law to force digital companies to find, report and remove online child sexual abuse material circulating on their platforms. Google, Apple and Meta’s WhatsApp and Instagram could face court orders to track down photos and videos of child abuse, otherwise face hefty fines of up to 6 percent of their global turnover. The companies would also have to crack down on grooming – conversations in which abusers try to contact children inappropriately.

International Cooperation

In order to prosecute and investigate OCSEA cases across national borders, the government must rely heavily on extraterritorial jurisdiction clauses and informal and formal channels of cooperation with law enforcement agencies. The importance of international cooperation in identifying victims and perpetrators and uncovering links between investigations in different countries is crucial. Cross-sectoral and cross-border cooperation is necessary to combat the transnational and multijurisdictional nature of crime and to ensure that perpetrators cannot take advantage of differences between national laws regarding the legality of their actions and the available penalties.
In the context of the OCSEA, conflicts of jurisdiction may arise. The “rule of reason” is normally applied to resolve jurisdictional conflicts between states in cybercrime cases. It seeks to determine which state can reasonably demonstrate the closest connection to an offence by using territoriality as the determining factor. Given the difficulties in determining where the crime was committed, and given the fact that child sexual abuse on the Internet has an enormous impact on the physical and mental well-being of the victim, it does not seem appropriate to focus only on the location of the crime, given the various needs of the victim in the criminal justice process. Therefore, it is recommended that the “rule of reason” approach in such cases should not only focus on the closest connection to the territory of a state, but must also determine which state can best serve the interests of the child victim.
INTERPOL has developed specific skills and resources to combat crimes against children and provides training and promotes best practice for police in its member countries, including to help develop police skills in relation to OCSEA. FIA should further strengthen cooperation with INTERPOL and use the expertise available of INTERPOL needed to meet today’s challenges.
The government should accelerate its efforts to gain access to INTERPOL’s International Child Sexual Exploitation Database of images and videos to ensure effective response and proactive surveillance and avoid duplication of law enforcement efforts.
There is a need to work more closely with global technology platforms and build on existing cooperation mechanisms to ensure that the digital evidence needed in OCSEA cases can be collected quickly and efficiently, including in response to data requests and content removal procedures.
The government should seek to strengthen cooperation and strategic partnerships with international non-governmental organisations and benefit from their expertise.

Operation Tantalio

Operation Tantalio, launched by the Spanish National Police and coordinated by INTERPOL and Europol, involved authorities from 15 countries in Central and South America and Europe. The operation, which began in 2016, investigated the sharing of child sexual abuse material via mobile messaging applications and has led to 38 arrests in Latin America and Europe as of April 2017.

Judicial Bodies

The superior courts should develop their rules for dealing with children, which apply to all subordinate courts, to ensure the best interests of children in accordance with international human rights law and standards, and to ensure that children have prompt access to justice and remedies and have the right to participation, the right to fairness, the right to rehabilitation, the right to non-discrimination and the right to privacy.
The judiciary should ensure that cases involving children as victims and witnesses are given high priority and processed as expeditiously as possible to avoid unnecessary delays and adjournments.
It is recommended that arrangements be made for OCSEA cases that the testimony of child victim may be recorded via video link and the victim is not exposed to the accused or the court. If it is necessary to present a child in court, separate and safe waiting areas should be provided for child victims and witnesses without direct contact with the accused during the trial.
Institutionalise capacity building programmes in judicial academies. These programmes should incorporate best practises and lessons learnt from the pilot projects and provide continuous training and support to justice actors to effectively and sensitively improve their skills in handling OCSEA cases.
Institutionalisation and expansion of successful pilot models of child-sensitive justice practises by the higher judiciary, following a decision by the National Judicial Policy Making Committee in June 2019, in collaboration with civil society, through the establishment of special children’s courts and training of judicial actors. These pilot models need to be further institutionalised and extended to the district level of the country.

Holding Regular Courses on Child Online Protection

Holding regular courses on the issue of COP is a necessary step that judicial academies in Pakistan can take to raise awareness and educate judges on the legal, social and psychological aspects of protecting children from online harm. Training programmes can cover a wide range of topics, including the legal framework for COP in Pakistan, the types of online threats children face, the impact of online abuse on children’s mental health and well-being, and best practices for investigating and prosecuting cases of OCSEA. Judicial academies in Pakistan can collaborate with experts in the field of COP to design and deliver training programmes that provide judges with a comprehensive understanding of the issue.

National Human Rights Institutes (NHRIs)

NHRIs, especially NCRC, can raise awareness about the dangers that children face online and offline and how to stay safe by collaborating with PTA and PEMRA. It is recommended that NHRIs use commonly accepted terminology in relation to OCSEA so that information and ideas can be clearly communicated.
To enhance understanding of the purpose and provisions of the OPSC and General Comment No. 25, NHRIs should develop materials and conduct awareness programmes with key stakeholders on Pakistan’s obligation and the number of actions to be taken in accordance with international treaties when cyber crimes are committed against children.
NHRIs should thoroughly review the Lanzarote Convention, the Budapest Convention and other treaties with regard to their status in Pakistan and recommend that the Government of Pakistan take the necessary measures to combat OCSEA.
NHRIs can monitor online platforms to ensure that they are in compliance with human rights standards and direct authorities to take remedial action and hold those responsible accountable for their actions.
The NCRC should include the issue of COP and OCSEA in its priority area of work and examine the implementation of policy, law and child rights violations in practice.
NCRC should develop a child-friendly complaint mechanism to facilitate easy and accessible reporting of child rights violations ensuring that children feel safe and supported when seeking help or redress.
It is recommended that the NCRC launches mass media awareness campaigns about COP to educate parents, caregivers and children themselves about the risks of OCSEA and promote safer online practises and behaviours.
NHRIs can conduct research to better understand the specific challenges that children face online and develop evidence-based solutions to address these challenges.

Civil Society Organisations

Civil society organisations should further raise awareness among children, families, schools and other stakeholders about the harms and risks associated with the use of ICTs and educate them on how to protect children and the need for urgent action.
Civil society organisations should further develop a strong advocacy and lobbying strategy to address the gap in laws enforcement for OCSEA cases, and organise training briefings for law enforcement agencies on PECA 2016.
Further conduct quantitative and qualitative research on COP and OCSEA to understand the prevalence and impact on children, families and society and identify various bottlenecks in the implementation of existing policies, programmes and interventions and identify areas for improvement. Additionally there is a need to do research on victimology, offender profiling and new technologies.
CSOs can strengthen partnerships with other organisations and agencies involved in COP, such as INGOs, child protection workforce, law enforcement, schools lawyers, etc. to ensure a coordinated and effective response.
Civil society organisations may also consider translating international treaties to disseminate them to the public and key stakeholders.
Measures should be taken to ensure ethical, informed, and balanced media coverage that respects privacy and confidentiality and puts the victim’s best interests as the priority consideration.
Media campaigns highlighting the issue and importance of COP by working with media influencers, celebrities and famous media personalities to promote the child safety agenda.

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