Pakistan Grapples with Fake News: A Tightrope Walk Between Regulation and Freedom of Expression
The digital revolution has irrevocably transformed human interaction, communication, and commerce. Social media platforms, connecting billions globally, have emerged as powerful tools for individuals, businesses, and organizations, facilitating instant communication, global outreach, and the rapid dissemination of ideas. These platforms have played a pivotal role in mobilizing political movements, supporting humanitarian causes, and revolutionizing digital marketing. However, this digital transformation has also unleashed a torrent of challenges, most notably the proliferation of fake news and disinformation. Social media, while democratizing access to information, has also become a breeding ground for false narratives, propaganda, and cybercrimes, impacting individuals, communities, and even national security. This phenomenon is global, with nations worldwide grappling with the ramifications of misinformation.
Pakistan is particularly vulnerable to the spread of fake news, with a significant portion of its population relying on social media for news and information. In response, the Pakistani Parliament passed the Prevention of Electronic Crimes (Amendment) Act, 2025, which came into effect in January 2025. This law, aimed at regulating social media, curbing fake news, and protecting citizens from online harm, has ignited fierce debate and drawn strong opposition from journalists and human rights activists who argue that it jeopardizes the constitutional right to freedom of expression.
The 2025 amendment establishes the Social Media Protection and Regulatory Authority (SMPRA), tasked with regulating social media platforms, ensuring online safety, and addressing unlawful content. SMPRA has the authority to block or remove content deemed unlawful, issue guidelines for social media platforms, and impose fines for non-compliance. The government justifies this by pointing to similar regulatory bodies in the European Union, such as the European Digital Media Observatory (EDMO). Critics, however, contend that SMPRA’s broad powers could be misused to suppress dissent and censor legitimate criticism. They contrast this with the US approach, where social media regulation is largely left to private companies with minimal government intervention, albeit with its own set of challenges related to misinformation.
A key point of contention is the regulation of “unlawful or offensive content,” defined as material that incites violence, promotes terrorism, or spreads fake news. SMPRA can order the removal of such content, with penalties for non-compliance. This mirrors laws in countries like Saudi Arabia and the UAE, known for their strict online content regulations. However, unlike these countries, Pakistan has a constitutionally guaranteed right to freedom of speech and expression, raising concerns about the potential for misuse of the law to stifle dissent. The EU’s Digital Services Act (DSA), in contrast, prioritizes transparency and accountability, requiring platforms to provide clear content moderation mechanisms and emphasizing fact-checking and media literacy over punitive measures.
The amendment also establishes the Social Media Protection Tribunal to adjudicate content-related disputes and appeals against SMPRA decisions. While the Tribunal is mandated to resolve cases within 90 days, concerns remain about its independence due to the inclusion of government-appointed members. This contrasts with the US system, where judicial oversight plays a key role in balancing free speech and regulation, providing a check on potential abuses of power.
One of the most controversial aspects of the amended law is the imposition of strict penalties for spreading false information, with potential imprisonment and hefty fines. While similar laws exist in Saudi Arabia and the UAE, critics argue that this provision could be used to suppress legitimate criticism and investigative journalism in Pakistan. The EU, again, takes a different approach, focusing on fact-checking and media literacy programs rather than criminalizing the spread of misinformation.
The amended law also creates the National Cyber Crime Investigation Agency (NCCIA), replacing the FIA’s Cyber Crime Wing, empowering it to investigate and prosecute cybercrimes, including the spread of fake news. While this aligns with global trends of establishing specialized cybercrime units, concerns persist about potential overreach, particularly given the absence of a comprehensive data protection law in Pakistan, unlike the EU’s General Data Protection Regulation (GDPR). This lack of data protection legislation further exposes Pakistani citizens to potential breaches of privacy.
The effectiveness of Pakistan’s amended Prevention of Electronic Crimes Act hinges on its implementation. The government should prioritize media literacy, ensure transparency in the operations of SMPRA and NCCIA, and encourage self-regulation by social media platforms. Safeguarding legitimate criticism and investigative journalism is crucial, as is preventing the law’s misuse to suppress dissent. Ultimately, combating fake news requires a collective effort involving the government, social media platforms, and users, who must exercise caution and verify information before sharing it. Fostering a culture of responsibility, transparency, and accountability in the digital age is paramount.