President signs controversial Peca bill into law

30 Jan, 2025

ISLAMABAD: President Asif Ali Zardari, Wednesday, assented to three bills including much-debated “The Prevention of Electronic Crimes (Amendment) Bill, 2025”.

The president signed three bills: The Prevention of Electronic Crimes (Amendment) Bill, 2025; The Digital Nation Pakistan Bill, 2025 and The National Commission on the Status of Women (Amendment) Bill, 2025 into law under Article 75 of Constitution of Pakistan.

The bills were passed separately by both houses, the National Assembly and Senate, of the Parliament.

Journalists have assailed the legislation as an “attack on freedom of expression”, while the opposition Pakistan Tehreek-e-Insaf (PTI) has also vociferously protested the legislation’s rushed passage in the Parliament.

The Pakistan People’s Party (PPP), accused by the opposition of hypocrisy for supporting the bill, has hinted at further tweaks to address journalists’ concerns.

Concerns have also been raised by Amnesty International, the Human Rights Commission of Pakistan, and the digital rights activists. The journalists’ bodies have staged joint protests across the country against “The Prevention of Electronic Crimes (Amendment) Bill, 2025”.

Journalists say that the law can be misused. There is also fear among the media workers that the law will also be used to target them and will impact the freedom of press.

Additionally, the media fraternity also expressed anger over the incumbent government for passing the amendments without either consulting them or taking them into confidence.

The bill titled, “Prevention of Electronic Crimes (Amendment) Act, 2025” included new definitions, the establishment of regulatory and investigative bodies, and stricter penalties for disseminating “false” information.

The government lowered the punishment for spreading “fake information” online to three years, according to the law, while they would also face a fine of up to Rs2 million.

“Whoever intentionally disseminates, publicly exhibits or transmits any information through any information system, that he knows or has reason to believe or has reason to believe to be false or fake and likely to cause or create a sense of fear, panic or disorder or unrest in general public or society shall be punished with imprisonment which may extend up to three years or with fine which may extend to two million rupees or with both,” Section 26A of the law said. The new law also proposed the establishment of Social Media Protection and Regulatory Authority (SMPRA), the National Cyber Crime Investigation Agency (NCCIA) and the Social Media Protection Tribunal.

The statement of objects and reasons said that the Prevention of Electronic Crimes (Amendment) Bill, 2025, stated, any person “aggrieved by fake and false information” can approach the authority for removal or blocking access to such information and the authority would issue orders no later than 24 hours on the request.

According to the law, the authority should consist of a chairperson and eight other members, out of which, the secretary Ministry of Interior, the Pemra chairman and Pakistan Telecommunication Authority (PTA) chairman or any member of PTA. “The chairperson and five members, other than ex-officio members, shall be appointed by the federal government for a non-extendable period of five years,” it added.

The proposed changes also stated that the authority might require any social media platform to enlist with it any manner, form and on payment of such fee as may be prescribed.

The Act stated that the authority shall have the power to issue directions to a social media platform for removal or blocking of online content if (a) it was against the ideology of Pakistan, etc; (b) incites the public to violate the law, take the law into own hands, with a view to coerce, intimidate or terrorise public, individuals, groups, communities, government officials and institutions; (c) incites the public or section of the public to cause damage to governmental or private property, (d) coerce or intimidate the public or section of the public and thereby preventing them from carrying on their lawful trade and disrupting civic life; (e) incite hatred and contempt on religious, sectarian or ethnic basis to stir up violence or cause internal disturbance; (f) contains anything obscene or pornographic in contravention of any applicable law; (g) is known to be fake or false or there existed sufficient reasons to believe that the same may be fake or false beyond a reasonable doubt; (h) contains aspersions against any person, including members of judiciary, Armed Forces, Parliament or a Provincial assembly; or (i) promoted and encouraged terrorism and other forms of violence against the state or its institutions. Additionally, the newly amendments also proposed the constitution of a Social Media Complaint Council to receive and process complaints made by aggrieved parties against violation of any provision of the cybercrime law.

The law also proposed the establishment of Social Media Protection Tribunals. Each tribunal will be consisted of a chairperson qualified to be a high court judge, a journalist registered with a press club, and a software engineer. Tribunals must resolve cases within 90 days, with appeals allowed to the Supreme Court within 60 days.

It also proposed the establishment of an investigation agency to be called the NCCIA for inquiry into, investigation and prosecution of the offences specified under this Act.

Copyright Business Recorder, 2025

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