- Judge Inaam Amin Minhas Heads Hearing.
- The petitioners cite the legal inconsistencies of Peca.
- The lawyer says that the law violates constitutional provisions.
Islamabad: Tuesday was reported on Tuesday that the Superior Court of Islamabad (IHC) that journalists could only inform the climate if the Electronic Crime Prevention Law (amendment) (PCA), 2025, was applied.
The development occurred during the hearing of the petition presented by the Federal Union of Journalists of Pakistan (PFUJ) and the media professionals against the recently inactive law.
Judge Inaam Amin Minhas presided over the hearing, with the lawyer Imran Shafique and the president of the Bar Association of the Superior Court of Islamabad (IHCBA), Riyasat Ali Azad, present their arguments.
During the process, Shafique argued that the PCA law was promulgated in such a hurry that even the numbering of sections was incorrect. He pointed out that the law contained so many errors that the plaintiff’s definition had taken twice, contradicting himself.
In addition, he said that the complaint authority established under a pec already existed under the laws of the Electronic Media Regulatory Authority of Pakistan (Pemra).
For his part, the president of IHCBA, Azad, argued that the law violated articles 19 and 19a of the Constitution.
Judge Minhas asked: “What do you say? Should the publication of false news or not? False news is in fact a problem.”
In response, Azad said journalists often show documents that indicate corruption and are asked to inform them.
He stressed that journalists never reveal their sources, and if Peca is applied, journalists will be informed only about the climate.
At this point, the president of PFUJ, AFZAL BUTT, said it is not that journalists support false news.
“We are against freedom without restrictions, and we do not oppose the rules and regulations. However, rules and regulations should not contradict constitutional and human rights.”
The petitioner asked the court to suspend the PCA law, while the petitioner lawyers repeatedly urged the court to stop its implementation.
The court replied, saying: “If there is a problem, let us know, we are here. If you feel the need, you can submit a miscellaneous application.”
Later, the court said that the next hearing date would be issued by the Registrar’s office. The IHC also issued a notice to the Attorney General to obtain help.
Request
The PFUJ presented a request at the IHC against the controversial act last week.
The president of Pfuj, Butt presented the case through the defender of Shafique, qualifying the legislation as an attack on the freedom of the media. “The PCA law (amendment) is unconstitutional and illegal, therefore, the court must carry out a judicial review about it,” said the declaration.
The body of journalists, in the petition, said that the sin (amendment) 2025 increased government control and restrictions on freedom of expression.
He said that the PCA law violated article 19 and 19 (a) of the Constitution as well. Therefore, he begged, the law must be suspended.
“The peca (amendment) gave the government unlimited censorship powers. Criminalize false news without due process is unconstitutional and a violation of the freedom of the media, ”he said.
The PFUJ said that the law violated international human rights, as well as digital rights in Pakistan.
The petition said: “… a court order can be issued by declaring that the Law on Electronic Crime Prevention (amendment), 2025 is unconstitutional, violating the fundamental rights guaranteed by the Constitution, due process, just trial and the concept of regulatory independence, as well as the doctrines of equity, proportionality, reasonability and constitutional limitations or restrictions, therefore null, and susceptible to being demolished.
“It also prays for respondents to be restricted and prevented . “
What is Pula’s law?
The ruling coalition approved the controversial amendments of the National Assembly and the Senate to an already contentious law in a short period, with opposition parties, journalists and media agencies that denounce the lack of consultations and their provisions.
The law, which has now entered into force after the assent of President Asif Ali Zardari, new devices definitions, the establishment of regulatory and investigative bodies, and strictest sanctions to disseminate “false” information.
The new amendments reduced the punishment for disseminating “false information” online to three years, while the offender could also face a fine of up to RS2 million.
The new amendments also proposed the establishment of the Protection and Regulatory Authority of Social Networks (SMPRA), the National Agency for Cyber Crime Investigation (NCCIA) and the Court of Protection of Social Media.
In addition, he declared that any person “harmed by false and false information” can address the authority to eliminate or block access to such information and the authority would issue orders no later than 24 hours in the application.
The new changes also declared that the authority may require that any social media platform ready with it in any way, form and the payment of the prescribed rate.
In addition, the new amendments also proposed the constitution of a Social Network Complaints Council to receive and process complaints made by harmed parts against the violation of any provision of the Cyber Crime Law.
He also proposed the establishment of social networks protection courts that will resolve cases within 90 days, with appeals allowed to the Supreme Court within 60 days.
