January 23, 2025
By Rana Malhi
ISLAMABAD
The federal government went on to pass the PECA (Prevention of Electronic Crimes Act) Amendment Bill 2025 in the National Assembly on Thursday, despite heavy criticism by opposition and civil society. The Bill introduces measures to combat the spread of misinformation and regulate social media platforms more comprehensively.
Tabled by Law Minister Senator Azam Nazeer Tarar, it proposes strict penalties for spreading fake news and establishes new regulatory and investigative authorities to oversee online activities.
The amendments include a provision to penalize individuals spreading fake news on social media with imprisonment of up to three years, a fine of PKR 2 million, or both. The Bill also seeks to limit the circulation of content deemed inappropriate or harmful.
Statements from banned organizations or individuals and content removed during parliamentary proceedings will not be allowed on social media platforms. The amendments also categorize content against religion, the state, constitutional institutions, judiciary, and armed forces as illegal. Furthermore, content inciting crime, false reporting, and contemptuous material will be prohibited.
Special authority formed
To enforce these regulations, the bill outlines the establishment of the Social Media Protection and Regulatory Authority. The authority will be responsible for ensuring user protection, facilitating social media platforms, and monitoring compliance with the proposed amendments. Its headquarters will be located in Islamabad, with offices in provincial capitals. The body will also have the power to block or remove illegal content and direct platforms to comply with regulations. Failure to adhere to these directives could result in penalties.
The PECA amendments also call for the creation of a National Cybercrime Investigation Agency to investigate illegal online activities. This agency will be headed by a Director-General, appointed for a three-year term, and will replace the Federal Investigation Agency’s (FIA) Cybercrime Wing. Officers within the agency will be granted powers equivalent to police officers to facilitate investigations.
The Bill expands the definition of social media, encompassing websites, applications, communication tools, and software used to access online platforms. It also mandates the registration of all social media platforms with the new regulatory authority.
Any platforms failing to comply with registration or other regulations will face legal action. The authority’s leadership will include experts from various fields, including journalism, software engineering, IT, and law, ensuring diverse representation and expertise.
The bill outlines procedural changes for addressing complaints and enforcing penalties. Citizens aggrieved by illegal online content will be required to file complaints with the regulatory authority within 24 hours. The authority will investigate and take necessary action, including issuing takedown orders to social media platforms. A new Social Media Complaints Council will also be established, comprising members from various sectors, to address user grievances and oversee compliance with the regulations.
Furthermore, the amendments propose the establishment of a Social Media Protection Tribunal to ensure effective implementation. The tribunal will be led by a retired High Court judge and include professionals such as journalists and software engineers. Its decisions can be challenged in the Supreme Court within 60 days.
The PECA Amendment Bill 2025 has been referred to the relevant standing committee for further deliberation and review. As the debate continues, the proposed law highlights the growing challenge of balancing freedom of expression with the need to regulate the digital sphere in Pakistan. The government insists that these measures are essential to curb misinformation and safeguard public interests, but critics remain wary of potential misuse and the broader implications for digital rights and free speech.
The proposed amendments have sparked debate among political parties, civil society, and digital rights activists. Pakistan People’s Party (PPP) MNA Mirza Ikhtiar Baig expressed support for the bill, highlighting the growing concern among the public regarding fake news. He emphasized that misinformation is a serious issue requiring stringent measures.
Similarly, government MNA Kheal Das stated that the amendments aim to reduce disinformation and societal discord, not to restrict freedom of expression.
However, the bill has faced criticism from opposition parties and activists. Pakistan Tehreek-e-Insaf (PTI) leader Shahid Khattak argued that the amendments are an attempt to stifle dissent and silence political voices.
Digital rights activist Usama Khilji also raised concerns, suggesting that the amendments could lead to further social media restrictions. Khilji pointed to the recent ban on Twitter in Pakistan, expressing fears that the government may extend such restrictions to other platforms under the guise of regulation.
For now the Bill has been sent to the standing committee. Whether the government will succeed in passing this Bill from Parliament in upcoming days, remains to be seen.