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Home»Disinformation»PECA Fails to Control Disinformation While Suppressing Free Speech
Disinformation

PECA Fails to Control Disinformation While Suppressing Free Speech

Press RoomBy Press RoomFebruary 12, 2025
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Pakistan’s Controversial Cybercrime Amendments Spark Outrage Among Journalists and Rights Groups

ISLAMABAD – Recent amendments to Pakistan’s Prevention of Electronic Crimes Act (PECA), ostensibly aimed at curbing disinformation, have instead ignited a firestorm of criticism from journalists, press freedom advocates, and legal experts. Reporters Without Borders (RSF), a global media watchdog, has condemned the changes as a "dangerous tool" that empowers authorities to silence dissent and control information. The amendments, passed swiftly by parliament, have sparked protests, legal challenges, and a planned nationwide hunger strike by journalists, raising serious concerns about the future of free expression in the country.

At the heart of the controversy lies the law’s vague definition of "false and prohibited content." Critics argue that this ambiguity grants authorities excessive power to censor any information deemed critical of the government, the judiciary, the armed forces, or parliament. Célia Mercier, head of the RSF South Asia Desk, highlighted the chilling effect of this provision, stating that it effectively criminalizes publications deemed "against the ideology of Pakistan" or containing "aspersions" against powerful individuals. The low threshold for determining falsity—requiring only "sufficient reasons to believe" that content "may be fake or false"—raises further concerns about arbitrary enforcement.

The amended law introduces a new "government-controlled regulatory authority" to replace the Pakistan Telecommunication Authority, raising fears of increased political influence over online content. Coupled with the existing provisions of PECA, which have already been used to arrest dozens of critical journalists, these amendments represent a significant escalation in censorship, according to RSF. The organization has urged the Pakistani government to repeal both the original law and its amendments, emphasizing the fundamental right to access diverse sources of information.

The legal battle against the amendments is already underway. News anchors and a faction of the Pakistan Federal Union of Journalists (PFUJ) have filed petitions in the Islamabad High Court (IHC), challenging the law’s constitutionality and procedural flaws. During a recent hearing, petitioners’ counsel argued that the amendments were passed with undue haste, containing numerous errors, including contradictory definitions and redundant regulatory structures that overlap with existing media authorities. They also highlighted the chilling effect on investigative journalism, arguing that restricting access to sources would effectively confine reporters to reporting weather updates.

The IHC has issued a notice to the attorney general for Pakistan, seeking assistance in navigating the complex legal arguments. The court acknowledged the need to address misinformation but questioned whether the current law strikes the right balance between combating falsehoods and protecting free speech. The petitioners’ counsel emphasized the lack of stakeholder consultation in the drafting of the law, arguing that such an important piece of legislation should not be enacted without input from those most affected. One particularly contentious provision allows appeals against decisions of newly established Social Media Protection Tribunals to be filed only in the Supreme Court, bypassing established legal procedures.

Journalists across Pakistan are mobilizing against what they see as an assault on press freedom. The PFUJ has announced a three-day nationwide hunger strike, scheduled for February 12-14, to protest the amendments. Journalist unions in Karachi, Islamabad, Lahore, Peshawar, Quetta, and Multan are preparing to set up protest camps, signaling widespread discontent within the media community. The protests reflect a growing concern that the new law will be used to stifle critical reporting and create a climate of fear, ultimately undermining the public’s right to know. The struggle against the amended PECA has become a pivotal moment for press freedom in Pakistan, with journalists and civil society organizations determined to resist what they perceive as a serious threat to democratic values.

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