THE recent amendments to the Prevention of Electronic Crimes Act (PECA) have sparked widespread protests from media organizations, civil society and digital rights activists in Pakistan. Concerns primarily revolve around the act’s perceived draconian curbs on freedom of expression, stricter penalties for online speech and its potential misuse to stifle dissent. While the government argues that these amendments are necessary to curb misinformation and online harassment, critics fear they will lead to authoritarian control over digital spaces.
To resolve this standoff, a balanced and inclusive approach is required—one that protects national security and public interest while upholding constitutional freedoms. Below is a framework for addressing the concerns of all stakeholders and fostering an environment conducive to free speech and responsible digital governance.
1. Criminalisation of Defamation and Free Speech: – The amendments make defamation a non-bailable offence with stricter penalties, which critics argue could be used to silence dissent and investigative journalism. – The vague definition of “fake news” in the law increases the risk of arbitrary arrests and selective enforcement.
2. Lack of Consultation with Stakeholders – The law was passed without meaningful dialogue with journalists, digital rights activists and media bodies, leading to concerns about transparency and undue haste.
3. Ensuring Judicial Oversight Over FIA Actions – The FIA’s expanded authority should be subjected to judicial oversight, ensuring that digital policing does not become a tool for political victimization. – Any action taken under PECA should require prior court approval to avoid arbitrary arrests.
4. Protecting Journalistic and Whistleblower Rights– Journalists should be exempt from harsh penalties under PECA when reporting in good faith. Whistleblowers exposing corruption and public interest matters should have legal protections under separate legislation.
5. Public Consultation and Media Dialogue– The government should hold open discussions with media bodies such as the Pakistan Federal Union of Journalists (PFUJ) and the Digital Rights Foundation to address their concerns.– Regular roundtable conferences should be institutionalized to ensure future digital laws are framed with input from all stakeholders.
6. Revisiting Vague and Overbroad Provisions– The law should clearly define “fake news” and “cybercrime” to avoid selective interpretation.– A clause should be added to prevent retrospective application of the law to avoid punishing past actions unfairly.
7. Strengthening Pakistan’s Commitment to International Standards– Any amendments should be aligned with UN conventions on freedom of expression, ensuring that Pakistan meets its obligations under global human rights frameworks.– The government should consult international digital rights organizations to benchmark PECA against global best practices.
The PECA controversy presents an opportunity for reform, ensuring digital governance is both effective and democratic. The government must acknowledge the genuine concerns of media organizations and civil society while also upholding the need for responsible online discourse. A transparent review process, legal refinements, and stakeholder engagement will be key to restoring trust, safeguarding fundamental rights and preventing future conflicts over digital regulations in Pakistan. By adopting a balanced and inclusive approach, Pakistan can move towards a framework that protects security and freedom, rather than sacrificing one for the other.
—The author writes on strategic, political, economic, current affairs & sports.
(nayyarahmad51@gmail.com)
