ISLAMABAD:
Justice Inam Ameen Minhas of the Islamabad High Court on Monday observed that the amendment to the Prevention of Electronic Crimes Act (PECA) 2016 is legislation and cannot be stayed by a court order, adding that the court would decide the matter after hearing the case.
The court then adjourned further proceedings on petitions challenging the law until March 6.
The petitions were filed by journalistic bodies, including the Pakistan Federal Union of Journalists (PFUJ) and the Islamabad High Court Journalists Association (IHCJA), against the controversial amendment to the law. Judge Minhas heard the petitions together.
Mian Samiuddin, counsel for the IHCJA, presented his arguments before the court and read out the provisions added by the amendment. He argued that powers that should rest with the judiciary had been transferred to the executive. He added that a judicial tribunal should be appointed in consultation with the Chief Justice of Pakistan.
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Samiuddin further argued that Section 2C of the amended law relates to the prohibition of false and false posts on social media. Given this, Judge Minhas asked who would determine whether the information was false or false, and how such news would be identified and proceedings initiated against it.
The petitioner’s lawyer stated that the new procedure allows even a third party, in addition to the affected person, to file a complaint. He argued that this could allow attorneys to file complaints and lead to misuse of the law. Samiuddin stressed that it is essential to determine what harm false information causes, adding that some incorrect information may be a harmless error, which does not cause any harm.
Last year, the National Assembly passed a series of amendments to PECA under a supplementary agenda, significantly expanding the government’s authority to regulate online content and criminalize digital crimes. The PECA (Amendment) Act, 2025 includes provisions for the formation of a Digital Rights Protection Authority (DRPA), empowered to remove online content, restrict access to prohibited material and impose sanctions on those who share such content.
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The amendments also expand the definition of “social media platforms” to include tools and software used to access them, extending the law’s jurisdiction to websites, applications and various communication channels. Under the revised framework, the FIA Cybercrime Wing will be disbanded and replaced by a stricter enforcement mechanism. People who share deleted material from parliamentary or provincial assemblies on social media could face up to three years in prison and a fine of 2 million rupees.
Journalist organizations have criticized the amended law, citing what they describe as growing threats to press freedom and the safety of journalists in Pakistan.
