Pakistan Electronic Crimes Act, 2016 amendment
FOE Link or motive by PPF
ConfirmedCase Update Status
On April 8, the IHC declared that the Pakistan Electronic Crimes (Amendment) Ordinance, 2022 and its promulgation were “unconstitutional, invalid beyond reasonable doubt” and therefore struck it down.
Summary of Case
"On February 20, President Arif Alvi had promulgated an ordinance to amend PECA. This came a day after Information Minister Fawad Chaudhry said that the federal cabinet had granted its approval for the amendment to the Pakistan Electronic Crimes Act, 2016.
These amendments to the law are likely to have a chilling effect on free expression in Pakistan and result in censorship across the media. In a country filled with red lines of content considered acceptable and unacceptable, this step is a huge blow to freedom of expression and is likely to result in an even more controlled, censored and repressed media.
It is an alarming development taken by the federal government and adds to the growing list of laws and rules that exist in Pakistan censoring free speech. We are also alarmed by the government’s decision to make this amendment via a presidential ordinance without any democratic debate on the changes. This move reflects the government’s stance to control free speech rather than developing an enabling environment where the media and citizens are freely able to express themselves, discuss and debate.
To further strengthen the already draconian PECA law and further criminalize criticism of the government is to take away the democratic rights of the people of Pakistan.
According to Dawn, the new amendments have:
• The jail term for “defaming any person or institution” has been increased from three to five years.
• Person has been expanded to include “any company, association or body of persons whether incorporated or not, institution, organization, authority or any other body established by the government under any law or otherwise”.
• Online public defamation is now a “cognisable and non-bailable offense”.
• They have said that trials should be concluded “expeditiously” and “preferably not later than six months of taking cognizance of the case”.
• Court shall be required to submit monthly reports of any pending trials.
The amendment has been rejected across the board by media bodies.
The Joint Action Committee of media bodies (All Pakistan Newspapers Society, Council of Pakistan Newspaper Editors, PFUJ, Pakistan Broadcasters Association and Association of Electronic Media Editors and News Directors) have rejected the amendments saying they are a “blatant move to stifle media independence, freedom of speech and dissenting voices”.
Pakistan Federal Union of Journalists (PFUJ) President Shahzada Zulfiqar and Secretary General Nasir Zaidi “expressed serious concern” over the approval of the amendment by the federal cabinet.
In a statement, the PFUJ leadership said that in Pakistan courts can use available laws to punish anyone defaming institutions and can prosecute ordinary citizens under the Defamation Act.
“There is no need to amend PECA for enhancing punishment which is a clear case of mala fide, as amendments are designed to shrink the space for freedom of press and expression which have already been compromised in the country.”
According to Geo, the Islamabad High Court on February 23 had prohibited the government from arresting people under Section 20 of the Prevention of Electronic Crimes (Amendment) Act Ordinance 2022. We welcome this decision by the court and urge the government to reconsider its latest move to restrict press freedom in Pakistan.
Four media bodies challenge Peca in the Islamabad High Court
On March 3, 2022 media bodies The Pakistan Broadcasters Association, All Pakistan Newspapers Society, Association of Electronic Media Editors and News Directors, and the Council of Pakistan Newspapers Editors representing electronic and print media organizations filed petitions with the Islamabad High Court challenging the amen¬dments in the Prevention of Elect¬ronic Crimes Act (Peca).
The petition stated that the amendments in sections 2 and 3 of Peca would kill freedom of expression because “the fear of being dragged into criminal proceedings by the investigating agency on the complaint of any member of the public for alleged defamation of public officials are bound to chill free speech and fair comment”.
The Islamabad High Court, after hearing a petition filed by a faction of the Pakistan Federal Union of Journalists (PFUJ), had on Feb 23 stopped the Federal Investigation Agency (FIA) from making any arrest under the Prevention of Electronic Crimes Act (Peca).
On April 8, the IHC declared that the Pakistan Electronic Crimes (Amendment) Ordinance, 2022 and its promulgation were “unconstitutional, invalid beyond reasonable doubt” and therefore struck it down.
In a written order from hearings against the ordinance, IHC Chief Justice Athar Minallah stated: “Freedom of expression is a fundamental right and it reinforces all other rights guaranteed under the Constitution of the Islamic Republic of Pakistan, 1973 […]
Free speech protected under Article 19 and the right to receive information under Article 19-A of the Constitution are essential for development, progress and prosperity of a society and suppression thereof is unconstitutional and contrary to the democratic values.
The criminalization of defamation, protection of individual reputations through arrest and imprisonment and the resultant chilling effect violates the letter of the Constitution and the invalidity thereof is beyond reasonable doubt.”
The IHC also struck down Section 20 of PECA, 2016 to the extent of the expression “or harms the reputation”. In February, the IHC had already prohibited the government from making arrests under this section of PECA, 2016."
Category of Incident
Censorship
ICCS Status
ICCS Divisions: 0803-Acts related to freedom of expression or control of expression
ICCS Group: 08039-Other acts related to freedom of expression or control of expression
ICCS Class: N/A
ICCS Crime: Acts related to freedom of expression or control of expression
Reported By
Dawn
Date of incident
20
Month
February
Year
2022
Name of affected person
No person affected
Other affected persons
No other person affected
Name of affected organization
No organization affected
Other affected organizations
No other organization affected
Action by
Federal government
City
Nationwide
Province
Nationwide
Designation
Not applicable
Professional category
Not applicable
Age of victim
Not applicable
Marital Status
N/ACompensation Details
Amount of compensation announced by government: No compensation announced
Date of compensation announcement by government: No compensation announced
Date of compensation paid by government: No compensation announced
Amount of compensation announced by others: No compensation announced
Date of compensation announced by others: No compensation announced
Date compensation paid by others: No compensation announced
FIR Details
Was FIR registered ?: No
Court Details
Was case investigated ?: Not applicable
Court where case was presented: Islamabad High Court
Name of prosecuting lawyer: N/A
Date of first court hearing: 14/03/2022
Date of last court hearing: 18/04/2022
Status of court case: On April 8, the IHC declared that the Pakistan Electronic Crimes (Amendment) Ordinance, 2022 and its promulgation were “unconstitutional, invalid beyond reasonable doubt” and therefore struck it down.
Journalist Union Status
PFUJ
"The Joint Action Committee of media bodies (All Pakistan Newspapers Society, Council of Pakistan Newspaper Editors, PFUJ, Pakistan Broadcasters Association and Association of Electronic Media Editors and News Directors) have rejected the amendments saying they are a “blatant move to stifle media independence, freedom of speech and dissenting voices”. Pakistan Federal Union of Journalists (PFUJ) President Shahzada Zulfiqar and Secretary General Nasir Zaidi “expressed serious concern” over the approval of the amendment by the federal cabinet. In a statement, the PFUJ leadership said that in Pakistan courts can use available laws to punish anyone defaming institutions and can prosecute ordinary citizens under the Defamation Act. “There is no need to amend PECA for enhancing punishment which is a clear case of mala fide, as amendments are designed to shrink the space for freedom of press and expression which have already been compromised in the country.” According to Geo, the Islamabad High Court on February 23 had prohibited the government from arresting people under Section 20 of the Prevention of Electronic Crimes (Amendment) Act Ordinance 2022. We welcome this decision by the court and urge the government to reconsider its latest move to restrict press freedom in Pakistan. "
APNS
CPNE
PBA
Condemn Status
Colleague of victim
Many journalists condemned the amendment.
Employer organization
N/A
Press Club Status
Press club 1: N/A
Press club 2:
Press club 3: