The new controversial amendments to the Prevention of Electronic Crimes Act (PECA) have drawn strong criticism from the media, human rights and lawyers groups. In their view, the new law which criminalises ‘fake news’, will restrict freedom of expression online, and curb independent media.

Pakistani media stakeholders, including representatives of the Pakistan Federal Union of Journalists (PFUJ), All Pakistan Newspapers Society (APNS), Council of Pakistan Newspapers Editors (CPNE), Pakistan Broadcasters Association (PBA), and Association of Electronic Media Editors and News Directors (AEMEND) have in one voice opposed the new PECA legislation and expressed their concern that it could become another tool to target journalists, political activists, human rights defenders, and dissenting voices critical of the government.

Immediately after the law was passed, journalists across Pakistan held protest meetings outside press clubs. Some wore thick chains on their wrists symbolising the intent behind the new law. The International Federation of Journalists (IFJ) along with Pakistan Federal Union of Journalists (PFUJ), has demanded the immediate repeal of the draconian legislation.

In a statement, the PFUJ President said: “These amendments, passed by parliament without any consultation with stakeholders, make the controversial PECA act even more draconian, which was tailored to silence democratic voices and curb freedom of media in Pakistan. The PFUJ has announced countrywide protests and will stage a grand sit-in in front of the Parliament House in Islamabad on February 14, 2025.”

On the other hand, the IFJ has stated:“The amendments to Pakistan’s draconian PECA represent a transparent attempt to further tighten control over digital expression and internet freedom under the guise of curbing misinformation. By extending government jurisdiction online, broadening censorship powers, and imposing penalties for vaguely defined offences, this legislation threatens journalists, activists, and the public’s right to information”.

Independent observers have also taken umbrage over the fact that the new law was passed in indecent haste – in just 15 minutes after the draft of the cybercrime law was tabled in the National Assembly. In their opinion this exposed the malafide intentions of the authorities concerned.

Originally PECA was enacted in 2016, and at that time it was condemned by  human rights groups worldwide for its impact on freedom of expression and access to information. The law was meant to curb cybercrime, online harassment, and the spread of hateful content that could instigate violence. Media and human rights groups have described the law as draconian and pointed out that successive governments have used it to muzzle dissent. It is pertinent to mention here the press freedom groups have recorded more than 200 incidents of journalists and media persons investigated since PECA became law in 2017.

The latest amendments widen the scope of the Act to further restrict online freedom of expression, strengthen further regulatory control of content, and grant additional government powers to oversee social media platforms, including expanding the powers previously held by the Pakistan Telecommunications Authority through the establishment of a new Social Media Regulation and Protection Authority.

A new provision in PECA, Section 26(A), penalises those who disseminate misinformation, disinformation, or any information likely to cause a “sense of fear, panic or disorder or unrest” online, with up to three years imprisonment or a maximum fine of Rs2,000,000. Media persons have specially expressed concern at the unclear definition of ‘fake news’, and ambiguous and excessive penalties for offences. They have criticised the legislation for being introduced without any meaningful consultation or public debate. The formation of four new authorities to oversee digital content regulation is another high point of criticism, with media stakeholders pointing out that this would lead to “disproportionate, multi-layered controls” and create a “chilling effect” on freedom of expression and opinion. These provisions grant authorities the power to block or remove content based on vague criteria, undermining the right to freedom of expression and failing to align with the principles of proportionality and necessity under international human rights laws. Concern has also been raised at a provision that would see appeals sent to the newly proposed Social Media Protection Tribunal composed of government-appointed members.

It is a bad omen that the media and the government are on a collision course because of the PECA. Media rights groups are rightly angry over the fact that the government did not bring them on board before making sweeping changes to the document. But all is not lost yet. The president of the Pakistan Federal Union of Journalists has called upon the government to hold consultation with journalists to discuss the controversial provisions in the PECA and incorporate essential protections into the law to prevent its misuse, and ensure effective judicial oversight over agencies empowered to implement it. This is a good offer to which the government should respond positively to defuse the new crisis brewing which will further add to the current unstable political conditions in the country.