37. Unlawful online content.— (1) The Authority shall have the power to remove or block or
issue directions for removal or blocking of access to an information through any information system if
it considers it necessary in the interest of the glory of Islam or the integrity, security or defence of
Pakistan or any part thereof, public order, decency or morality, or in relation to contempt of court or
commission of or incitement to an offence under this Act.
(2) The Authority shall, with the approval of the Federal Government, prescribe rules providing
for, among other matters, safeguards, transparent process and effective oversight mechanism for
exercise of powers under subsection (1).
(3) Until such rules are prescribed under subsection (2), the Authority shall exercise its powers
under this Act or any other law for the time being in force in accordance with the directions issued by
the Federal Government not inconsistent with the provisions of this Act.
(4) Any person aggrieved from any order passed by the Authority under subsection (1), may file
an application with the Authority for review of the order within thirty days from the date of passing
of the order.
(5) An appeal against the decision of the Authority in review shall lie before the High Court
within thirty days of the order of the Authority in review.
38. Limitation of liability of service providers.— (1) No service provider shall be subject to
any civil or criminal liability, unless it is established that the service provider had specific actual
knowledge and willful intent to proactively and positively participate, and not merely through
omission or failure to act, and thereby facilitated, aided or abetted the use by any person of any
information system, service, application, online platform or telecommunication system maintained,
controlled or managed by the service provider in connection with a contravention of this Act or rules
made thereunder or any other law for the time being in force:
Provided that the burden to prove that a service provider had specific actual knowledge, and
willful intent to proactively and positively participate in any act that gave rise to any civil or criminal
liability shall be upon the person alleging such facts and no interim or final orders, or directions shall
be issued with respect to a service provider by any investigation agency or Court unless such facts
have so been proved and determined:
Provided further that such allegation and its proof shall clearly identify with specificity the
content, material or other aspect with respect to which civil or criminal liability is claimed including
but not limited to unique identifiers such as the Account Identification (Account ID), Uniform
Resource Locator (URL), Top Level Domain (TLD), Internet Protocol Addresses (IP Addresses), or
other unique identifier and clearly state the statutory provision and basis of the claim.
(2) No service provider shall under any circumstance be liable under this Act, rules made
thereunder or any other law for maintaining and making available the provision of their service in
good faith.
(3) No service provider shall be subject to any civil or criminal liability as a result of informing a
subscriber, user or endusers affected by any claim, notice or exercise of any power under this Act,
rules made thereunder or any other law:
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