The PECA (Amendment) Act, 2025 gave authorities the power to remove and block content from social media platforms
ISLAMABAD:
The capital’s high court asked who will decide which report falls under the category of fake news during the hearing of several petitions filed against the controversial amendments to the country’s cybercrime law, the Prevention of Electronic Crimes Act (PECA), 2016.
Islamabad High Court (IHC) Judge Inaam Ameen Minhas on Monday resumed hearing of petitions filed against PECA by various organisations, including Pakistan Federal Union of Journalists (PFUJ) and Islamabad High Court Journalists Association.
Islamabad High Court Journalists Association lawyer Mian Samiuddin read out the provisions added after the PECA amendments and argued that the powers that should be vested in the judiciary had been transferred to the executive under the law.
He argued that a judicial tribunal should be established, whose appointments would be made in consultation with the chief justice of the relevant province or the IHC. Referring to Section 2© of the amended PECA law, he said it relates to restrictions on false and false posts on social media.
Judge Minhas asked who would determine whether the information was false or false. He sought clarification on how fake news would be identified and how procedures would be initiated.
Responding, Mian Samiuddin said the amendments introduce a new mechanism that allows not only an aggrieved person but also a third party to file a complaint.
He warned that this would allow attorneys to file complaints, which would lead to misuse of the law. He added that it was essential to assess what real harm the false information was causing, noting that misinformation could also be a genuine error that caused no harm.
Justice Minhas observed that this was legislation that could not be stayed by an interim order and said the court would decide the case after hearing it in its entirety. The hearing was adjourned until March 6.
In January last year, the PML-N-led federal government pushed through parliament a series of amendments to the PECA amid protests from the opposition and journalists.
The PECA (Amendment) Act, 2025 gave authorities the power to remove and block content from social media platforms and paved the way for the formation of a Social Media Complaints Council.
Several organizations went to court against the amended law, claiming that Section 2®, Subsection 1(H) of the amended law does not include the words “false” or “false.” They claimed that the amendment violates Articles 8, 9, 10-A, 18, 19 and 19-A of the Constitution, while contradicting Islamic laws.
Under the amended law, journalists must reveal their sources, which is unacceptable. The amendment could be used to access journalists’ sources, potentially putting them in danger. The PECA Amendment Act is a direct attack on freedom of expression and freedom of the press, they claimed.
