Despite widespread opposition from the country’s journalist bodies and political parties, Pakistani President Asif Ali Zardari signed the Prevention of Electronics Crimes Amendment (PECA) Bill into law on Wednesday, January 29.
The new law amends an existing law adopted in 2016 by introducing criminal offenses and harsher punishments for spreading “fake news”. The law also has provisions of increased state oversight of digital and social media platforms and provides for the creation of new regulatory bodies for social media content.
The new law enhances the powers of government regulatory bodies to remove and block content on social media and digital platforms. It outlines that “anyone who intentionally spreads, displays, or transmits false information likely to cause fear, panic, or unrest in society” could face up to three years in jail or a fine of up to Rs 2 million (USD 7200) or both, Dawn reported.
It also calls for the formation of a National Cyber Crime Investigation Agency (NCCIA) to investigate online offenses. A Social Media Complaint Council is also to be formed as a tribunal which can be approached by the government if a social media platform fails to remove a particular content.
While the government is claiming the law is necessary to curb disinformation, opposition parties, the Pakistan Federal Union of Journalists (PFUJ), and other journalist unions and human rights groups have demanded its immediate withdrawal claiming that the new provisions are draconian in nature. They have called the new amendment an attempt by the government to suppress critical voices and dissent to its policies.
The opposition has also questioned the haste with which the amendments were introduced and passed calling the process undemocratic. According to them, none of the stakeholders, opposition parties, media platforms, nor journalists were consulted while preparing the bill. They also claimed the bill was passed in both the houses of the parliament without significant debate or discussion.
Journalist bodies in Pakistan held nationwide protests on Tuesday after the country’s parliament approved the bill. Some journalists also protested inside the parliament gallery during the proceedings over the bill and later staged walkouts after the bill was adopted.
A censorship tool
Pakistani journalist Jafar Bin Yar filed a petition against the new law in Lahore High Court requesting its nullification and arguing that it violates the “constitutional right to free speech”.
Reporters without Borders (RSF) said that by letting the government controlled regulatory body arbitrate on what is “false” makes the PECA “a censorship tool that will silence critical voices” instead of fighting disinformation.
The new law gives the government and the recently-formed, government-controlled agencies full authority over the entire process, from identifying false or fake content to adjudication in the matter. The control over the process by the government has raised doubts of impartiality and has created fears that such bodies could be used by the authorities to target opponents.
The Human Rights Commission of Pakistan (HRCP) claimed that the new law would be yet another tool of repression of critical voices in the country given the provisions of increased executive control and diminished judicial oversight in determining what is “false” or “fake” and “state’s poor record on protecting freedom of digital expression.”
Amnesty International claimed the new law will “further tighten the government’s grip over Pakistan’s heavily controlled digital landscape” and “chill what little is left of the right to online expression in the country.”
The country’s main opposition party, Pakistan Tehreek-e-Insaf (PTI), claimed that it is specifically targeted by the new law.
The current Pakistan Democratic Movement (PDM) coalition government in Pakistan led by the Muslim League (Nawaz) and Pakistan People’s Party (PPP) has often accused the PTI of spreading rumors and fake news through its social media channels including its page on X which has over 10 million followers.
The PDM government has also been accused of trying to repeatedly, shut down the internet in order to block the reach of the PTI’s social media content and flow of other information for political reasons.
Ammar Ali Jan, a leader of the left-wing Haqooq-e-Khalq Party (HKP) accused that “the PECA Amendment Bill is the Deep State’s attempt to silence critics by criminalizing dissent. PDM legislators are collaborators who are undermining decades-long struggle for democracy.” He called for a larger struggle against the law.