- Justice Inaam Amin Minhas heads hearing.
- Petitioners cite Peca’s legal inconsistencies.
- Lawyer says law violates constitutional provisions.
ISLAMABAD: The Islamabad High Court (IHC) was informed on Tuesday that journalists would only be able to report weather if the Prevention of Electronic Crimes (Amendment) Act (Peca), 2025, was enforced.
The development came during the hearing of the petition filed by the Pakistan Federal Union of Journalists (PFUJ) and media professionals against the newly-enacted law.
Justice Inaam Amin Minhas presided over the hearing, with lawyer Imran Shafique and Islamabad High Court Bar Association (IHCBA) President Riyasat Ali Azad presenting their arguments.
During the proceedings, Shafique argued that the Peca law was enacted in such haste that even the numbering of sections was incorrect. He pointed out that the law contained so many errors that the definition of the complainant had been given twice, contradicting itself.
He further said that the complaint authority established under Peca already existed under Pakistan Electronic Media Regulatory Authority (Pemra) laws.
For his part, IHCBA President Azad contended that the law was in violation of Articles 19 and 19A of the Constitution.
Justice Minhas then asked: “What do you say? Should the publication of fake news be stopped or not? Fake news is indeed a problem.”
In response, Azad said that journalists are often shown documents indicating corruption and are asked to report on them.
He emphasised that journalists never reveal their sources, and if Peca is enforced, journalists will be left reporting only on the weather.
At this point, PFUJ President Afzal Butt said that it is not that journalists support fake news.
“We are against unrestricted freedom, and we are also not opposed to rules and regulations. However, rules and regulations should not contradict constitutional and human rights.”
The petitioner requested the court to suspend the Peca law, while the petitioner’s lawyers repeatedly urged the court to halt its implementation.
The court responded, saying: “If there is an issue, let us know, we are here. If you feel the need, you can file a miscellaneous application.”
The court later said that the next hearing date would be issued by the Registrar’s Office. The IHC also issued a notice to the attorney general for assistance.
Petition
The PFUJ filed a petition in the IHC against the controversial act last week.
PFUJ President Butt filed the case through Advocate Shafique, terming the legislation an attack on media freedom. “The Peca (Amendment) Act is unconstitutional and illegal, hence, the court should conduct judicial review on it,” the plea read.
The journalists body, in the petition, said the Peca (Amendment) 2025 increased the government control and restrictions on freedom of speech.
It said the Peca law violated Article 19 and 19(A) of the Constitution as well. Therefore, it pleaded, the law should be suspended.
“The Peca (Amendment) gave the government unlimited censorship powers. Criminalising fake news without due process is unconstitutional and a violation of the media freedom,” it maintained.
The PFUJ said the law infringed international human rights as well as digital rights in Pakistan.
The petition read: “…a writ may be issued declaring that the Prevention of Electronic Crimes (Amendment) Act, 2025 is unconstitutional, being violative of the fundamental rights guaranteed by the Constitution, due process, fair trial, and the concept of regulatory independence, as well as the doctrines of fairness, proportionality, reasonableness, and constitutional limitations or restrictions, hence void, and liable to be struck down.
“It is further prayed that the respondents may be restrained and prevented from employing the coercive powers under the Prevention of Electronic Crimes (Amendment) Act, 2025, in general, and against the journalist community, in particular till final disposal of the instant petition.”
What is Peca law?
The ruling coalition passed the controversial amendments from both the National Assembly and the Senate to an already contentious Peca law in a short span, with the opposition parties, journalists and media bodies decrying the lack of consultations as well as its provisions.
The law, which has now come into effect following President Asif Ali Zardari’s assent, provisions new definitions, the establishment of regulatory and investigative bodies, and stricter penalties for disseminating “false” information.
The new amendments lowered the punishment for spreading “fake information” online to three years while the offender could also face a fine of up to Rs2 million.
The new amendments also proposed the establishment of the Social Media Protection and Regulatory Authority (SMPRA), the National Cyber Crime Investigation Agency (NCCIA) and the Social Media Protection Tribunal.
Furthermore, it stated, that 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.
The fresh changes also stated that the authority might require any social media platform to enlist with it in any manner, form and on payment of such fee as may be prescribed.
Additionally, the new 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.
It also proposed the establishment of Social Media Protection Tribunals that will resolve cases within 90 days, with appeals allowed to the Supreme Court within 60 days.
