January 25, 2025
By Rana Malhi
ISLAMABAD
Civil society including political, social, and journalistic communities have raised serious concerns over recent amendments in the PECA Act, which will mean a severe clampdown on free speech.
Journalists who were covering the parliamentary proceedings the day the Bill was passed in the assembly had staged a protest. In addition the Pakistan Federal Union of Journalists (PFUJ) and other journalist organizations have called for nationwide protests demanding the withdrawal of the bill.
They have also announced plans for a sit-in outside the parliament and have said that their protest will continue until the government withdraws the bill.
ARBITRARY PASSING
On Thursday, January 23, the federal government passed the Pakistan Electronic Crimes Amendment Bill 2025 in the National Assembly despite a walkout by the Opposition.
After the Bill’s approval in the National Assembly, it has now been presented in the Senate on Friday, and it is expected that the government will secure its approval in the Senate during the session on Monday through a simple majority.
After being introduced in the National Assembly, the bill was referred to the relevant standing committee, which presented it for approval in the assembly on the same day. The opposition members in the committee opposed the bill and staged a walkout from the National Assembly session.
The Freedom Network, an organization working for the protection of journalists in Pakistan, issued a statement warning that the increasing use of legal cases against journalists is becoming a new threat, as they face notices and summons under the controversial Prevention of Electronic Crimes Act (PECA). The law aids the government in restricting online freedom of expression.
Iqbal Khattak, Executive Director of the Freedom Network, stated on Friday that the organization considers these amendments disproportionate, non-transparent, and against freedom of expression. He added that imprisonment and fines are disproportionate, and these amendments will suppress critical journalism and silence dissenting voices rather than curbing misinformation. Khattak pointed out that successive governments have consistently attempted to restrict freedom of expression.
RIGHTS ORGANIZATIONS SLAM BILL
On Saturday, the Human Rights Commission of Pakistan (HRCP) expressed deep concern over the approval of the PECA Amendment Bill 2025 by the National Assembly. In a statement, HRCP warned that if the bill became law, it would become a tool to target political activists, human rights defenders, journalists, and dissenters, given the state’s poor track record of protecting digital freedom of expression. The bill would facilitate penal actions against criticism of state institutions.
HRCP also noted that Section 26-A of the bill’s emphasis on “fake or false news” is troubling. The bill does not provide a clear definition of “fake news” and instead refers to vague consequences like public “fear, panic, or disorder.”
Moreover, imposing a three-year prison sentence for such an offense is disproportionate. It is also concerning that appeals against decisions of the proposed Social Media Protection Tribunal could be directly made to the Supreme Court. This tribunal would be composed of government-appointed members, which raises concerns about reduced judicial oversight and increased administrative control.
HRCP urged that the bill should not proceed without thorough and open debate in the Senate.
‘A MAJOR THREAT’
Senior Pakistan Peoples Party (PPP) leader and former Chairman of the Senate, Raza Rabbani, expressed strong reservations about the Cyber Crimes Amendment Bill in the National Assembly.
He called the law ‘a major threat to freedom of expression’, stating that the bill would further restrict freedom of speech and create institutions under executive control. He also criticized the bill’s hurried approval, calling it an affront to the parliamentary process and saying that such legislation weakens an already fragile parliament.
PPP’s Human Rights Cell President, Farhatullah Babar, termed the Cyber Crimes Amendment Bill a conspiracy to suppress freedom of expression. He stated that the amendments would increase the unchecked influence of intelligence agencies and grant excessive powers to the executive.
He said that the law would target not just the content of messages but also social media platforms. Babar criticized the government for not consulting relevant stakeholders before the bill’s approval.
Meanwhile, the Khyber Pukhtunkhwa Assembly has passed a resolution against the amendments to the PECA Act. The resolution states that the amendments to PECA impose restrictions on press freedom, which goes against freedom of expression and fundamental rights.
The resolution was presented by Shafiullah Jan, a member of the Pakistan Tehreek-e-Insaf (PTI). The resolution expressed solidarity with the journalist community, condemned the amendments, and demanded the federal government withdraw the undemocratic and controversial amendments to the PECA Act.
It is important to note that if the Bill becomes law, a Digital Rights Protection Authority will need to be established to monitor and control the media. This authority will impose a three-year prison sentence and a fine of 2 million rupees on those found guilty of spreading ‘fake news’.