Revision committee proposes overhaul of controversial provisions of telecommunications bill, defends property rights

A committee constituted by Prime Minister Shehbaz Sharif to review the controversial Pakistan Telecommunications Reorganization (Amendment) Bill, 2026, has proposed sweeping changes to the legislation, ruling out any access to or use of private property without the owner’s consent and calling for clearer wording of several provisions to remove ambiguity.

The development comes a week after the prime minister formed the committee following sharp criticism from government allies and opposition lawmakers, who demanded a thorough review of the bill and amendments to its controversial clauses.

According to a statement issued by the Ministry of Law and Justice on Wednesday, the committee tasked with examining the provisions of the draft law on the right of passage submitted its interim report after carrying out a detailed review of the proposed amendments and the existing legal framework governing the right of passage.

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The committee concluded that the main objective of the legislation was to improve digital connectivity across the country while protecting citizens’ rights, but noted that several provisions required further clarification.

“Certain provisions require additional clarification to remove any ambiguity,” the statement said.

Addressing concerns related to private property, the report stated that owner consent and a mutually agreed arrangement would remain a fundamental requirement in all such matters.

“No action involving access to or use of the land, building, property or assets of a private natural or legal person will be taken without the consent of the owner and mutual agreement,” it adds.

The committee recommended that the law clearly specify its applicability to land, buildings, properties and assets owned, managed or controlled by public institutions as well as federal, provincial and local governments. He also proposed explicitly extending the framework to regulated private housing programs, cooperative housing societies and similar entities.

The report further recommended that definitions relating to private land, private property, individuals, businesses, cooperative societies and other forms of co-ownership be clearly incorporated into legislation to avoid misunderstandings.

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According to the press release, a clear distinction would be maintained between above- and below-ground telecommunications infrastructure, easement arrangements and associated equipment, with separate procedures prescribed for each category.

The committee also proposed a dispute resolution mechanism involving licensed operators and public institutions, housing schemes, cooperative housing societies or similar entities. According to the proposal, such disputes would be referred to the competent government, which would be required to decide the matter within 45 days, in accordance with the law.

It further recommended that clear principles be established to guide the government concerned in assessing the necessity and desirability of any proposal, its public interest implications and the compensation payable.

The report said that any person affected by a decision of the government concerned should have the right to appeal to the Telecommunications Appellate Tribunal established under Section 7A of the Pakistan Telecommunications (Reorganization) Act, 1996, with the decision of the tribunal being final.

The committee also recommended a review of the notwithstanding clause to ensure consistency between the language and objectives of the law and to remove any ambiguity regarding citizens’ rights.

Furthermore, it proposed to review the penalty under section 27B(1) and align it with the objectives, structure and wider provisions of the legislation.

According to the Ministry of Law and Justice, the committee reached consensus on the main principles, policy objectives and necessary amendments. A draft of proposed amendments to the Pakistan Telecommunications Reorganization (Amendment) Bill, 2026 would be finalized within a week and submitted for further review and guidance.

The ministry said the government remains committed to promoting the growth of the telecommunications and information technology sectors while ensuring full protection of citizens’ constitutional and legal rights.

He stressed that there would be no compromise on the principles of private property rights, owner consent, right to object, legal guarantees and compensation.

The ministry added that the aim of the right of way reforms was to provide better, more reliable and faster internet services to the public, without infringing on citizens’ property rights.

The bill, which aims to amend a 1996 law and was presented by IT Minister Shaza Fatima Khawaja, was approved by the National Assembly on June 11 by a majority. Later, the project was postponed by the Senate Standing Committee on Information Technology and Telecommunications, where it was referred on June 15.

Questions about the motivations behind the bill have grown louder, particularly because of the government’s efforts to get it approved by both houses of Parliament.

Following reservations by the Pakistan Tehreek-i-Insaf (PTI) on the bill, the Pakistan People’s Party (PPP), a key ally of the government, also withheld its support, with Senator Sherry Rehman categorically stating that her party would not allow any legislation relating to the information technology sector, the Pakistan Telecommunication Authority or the right of passage to be passed by the Senate unless it was thoroughly scrutinized and amended by the standing committee competent.

The Prime Minister subsequently constituted a committee to review the bill and tasked it with addressing concerns raised regarding some of its provisions. The committee was mandated to review the right of way framework under sections 2 (qb), 2 (ma), 27A and 27B of the Pakistan Telecommunication Reorganization (Amendment) Bill, 2026.

The Ministry of Information Technology and Telecommunications also clarified that the Rights of Way Bill 2026 would not allow forcible acquisition of private land or unauthorized entry into citizens’ private properties. According to the ministry, landowners would retain the full right to raise objections, negotiate terms and demand appropriate compensation before work is carried out on their land.