February 11, 2025
By Rehan Piracha
LAHORE
Police have begun registering cases against journalists, political leaders, and ordinary citizens under the amended cybercrime law, although legal experts note these cases must be transferred to the newly-formed National Cyber Crime Investigation Agency (NCCIA), the designated investigation agency under the law.
The Prevention of Electronic Crimes (Amendment) Act (PECA), 2025 was passed in January by the parliament. The new amendments added Section 26(A) to the cybercrime, which sought to penalise perpetrators of “fake news” online. It says anyone who intentionally spreads, displays, or transmits false information likely to cause fear, panic, or unrest in society may face up to three years’ imprisonment, a fine of up to Rs2million, or both.
The legislation triggered countrywide protests by media bodies who fear the changes would be used against journalists. The Pakistan Federal Union of Journalists has challenged the amendments in the Islamabad High Court.
Journalist booked under PECA
One of the first arrests made included a journalist from Pakpattan.
On February 9, police in Pakpattan booked the journalist who was from a private electronic media channel under Section 20 (Offenses against dignity of natural person) of the PECA on the complaint of a lawyer.
Tehsil Bar Council Arifwala President Shakeel Alvi lodged a complaint against Hum News local reporter Shafiq, alias ‘Phool’, accusing him of spreading fake news regarding his removal from office. The First Information Report (FIR) says Shafiq reported that Shakeel had passed a resolution against his own bar general secretary, leading to his termination through a show of hands. The complaint alleges this news was later circulated widely on social media.
Shakeel termed the allegations baseless, stating that Shafiq’s actions amounted to “misconduct” and “defamation” of his character and credentials as bar president. He also accused the reporter of attempting to incite hatred among the legal fraternity and the public. Two lawyers, Umair Nasir and Rehan Akhter, supported Shakeel’s complaint as witnesses. Police have not yet arrested the journalist.
Citizen faces case for online defamation
On February 7, police in Mardan registered the first-ever case against a local resident under the amended cybercrime law for his alleged negative propaganda and use of abusive language against the local press club and its members.
The police registered FIR on the complaint of press club president Riaz Mayar and general secretary Pervaz Khan Afridi against a resident, identified as Zahid, belonging to Dagai area. The FIR listed offences under sections 500 (Punishment for defamation), 506 (Punishment for criminal intimidation) of the Pakistan Penal Code and Section 20 of the PECA. Interestingly, the offences of defamation under section 500 of the PPC and section 20 of the PECA are identical in nature.
In the FIR, the complainants said Zahid was not only using abusive language but also carried out negative propaganda against respectful and senior journalists of Mardan Press Club. They complained that the accused was using social media and other digital media tools with the purpose to spread baseless allegations as well as disinformation about the journalists’ community. The police said that they were conducting raids on different suspected hideouts to arrest the accused.
Political party leader arrested for criticizing state institutions
On the same day, Mansehra police lodged a case against political party leader under the cybercrime law for addressing a rally on Kashmir Solidarity Day criticizing state institutions.
Shabbir Khan Swati of the Jamaat-e-Isalmi was arrested under sections 506 (Punishment for criminal intimidation), 505 (Statements conducing to public mischief) and 153-A (Promoting enmity between different groups) of the PPC, Section 7(a) (an individual who has committed an offence of terrorism) of the Anti-Terrorism Act, 1997, and section 11 (Hate speech) of the PECA.
According to the FIR lodged by the city police, the video showed the suspect addressing a Kashmir Day rally on February 5, where he allegedly used derogatory language against state institutions, instigated participants against national institutions, disrespected the Constitution, and threatened the country’s existence. The incident was broadcast on social media. The regional Anti-Terrorism Court in Hazara granted the police a three-day remand of the accused for further investigation.
Police can’t investigate PECA offences: lawyer
According to Usman Warriach, an Islamabad-based lawyer who has previously represented journalists in PECA cases, police cannot investigate cases under the amended cybercrime law. “The National Cyber Crime Investigation Agency (NCCIA) is the designated investigation agency for inquiry into, investigation and prosecution of the offences specified under the recent amendments made to the PECA,” he told Voicepk.
He explained that the police have to transfer the case to the NCCIA to investigate cybercrime offences listed in the FIR against any individual. In his opinion, accused that have PECA offences in the police FIR could challenge these charges in court which would quash those charges as the NCCIA is the designated investigation agency and not the police.
In 2020, the Pakistan Bar Council had constituted a committee of lawyers to defend journalists facing cases under the then cybercrime law. According to the PBC, the 7-member Journalists Defence Committee was formed in view of alleged policies of the government undermining the freedom of expression through a draconian cybercrime law, particularly making it increasingly difficult for journalists to discharge and perform their duties independently in accordance with the demand of their professional obligations and journalistic practices.
‘Journalists Defence Committee to be revived’
Hasan Raza Pasha, former chairman of the executive of the PBC, revealed to Voicepk.net that the committee is now non-functional but emphasised that he would take up the matter of reviving the Journalists Defence Committee in view of the recent amendments to the cybercrime law.
Arshad Ansari, general secretary of the PFUJ, told Voicepk.net that the media body has good relations with the PBC and they would soon request the council to activate the JDC so that journalists who face cases under the amended cybercrime law are given free legal assistance to defend themselves in court.
Legal challenge to PECA amendments
Meanwhile, the Islamabad High Court (IHC) sought the assistance of Attorney General for Pakistan (AGP) Mansoor Usman Awan on a petition filed by PFUJ and Anchors Association challenging recent changes to the cybercrime laws.
During the hearing, the petitioner’s counsel repeatedly requested the judge to issue a stay order on the implementation of the recent changes to the PECA law. However, Justice Inaam Ameen Minhas suggested that the petitioner file a separate miscellaneous application for it. Justice Minhas then issued a notice to AGP Awan, seeking his assistance in the case. Subsequently, the hearing was adjourned indefinitely.