Back to the cave: Where does PECA take us?

Thinking of posting that factually incorrect meme on social media? You might want to reconsider—because you will be held accountable for it later. 

And if you're planning to exercise your freedom of speech, now might not be the best time. You could find yourself in trouble again for a right that exists on paper but not always in reality.

To understand the context, we need to go back to January 23, 2025. On this day, the National Assembly passed new legislation amid a walkout by Pakistan Tehreek-e-Insaf (PTI) lawmakers—the same party that, just a few years ago, had supported the same measures when it was in power.

Back in 2020, the PTI government introduced social media rules under the pretext of curbing "fake news." 

Then, in 2021, it went a step further by amending the Prevention of Electronic Crimes Act (PECA) through an ordinance. 

This widened the scope of Section 20, making defamation a cognizable and non-bailable offense while also extending its coverage to include public officials and institutions. 

At the time, then-prime minister Imran Khan defended these changes as necessary to curb "obscene" content. And yet, just a few years later, PTI lawmakers were protesting the move they had once championed themselves.

The decision led to protests from journalists across the country.

The bill aims to establish a digital identity for citizens, centralising social, economic, and governance data to transform Pakistan into a digitally connected nation with integrated governance and economy.

On paper, the amendments are as follows:

The bill introduces Section 26(A) to PECA, criminalising the spread of "fake news" online. Anyone who knowingly shares false information that could cause fear, panic, or unrest may face up to three years in prison, a fine of up to Rs2 million, or both.

It also proposes the Social Media Protection and Regulatory Authority, responsible for monitoring, regulating, and blocking content on social media. 

The authority would process complaints and must act within 24 hours to remove or block false or harmful content.

Social media platforms may be required to register with the authority and follow additional conditions. The bill grants the authority power to block content that:

• Threatens Pakistan’s ideology or incites public disorder;

• Encourages violence, lawlessness, or terrorism;

• Spreads religious, sectarian, or ethnic hatred;

• Targets state institutions, including the judiciary, armed forces, or parliament;

• Contains pornography or obscene material.

Additionally, the bill states that expunged parliamentary proceedings or statements by banned organisations must not be shared on social media. Platforms would also be required to maintain a clear complaint system for reporting unlawful content.

A Social Media Complaint Council would handle grievances, and violations would be referred to the Social Media Protection Tribunal, which must resolve cases within 90 days.

The Prevention of Electronic Crimes Act (PECA), enacted in 2016, is Pakistan's primary legislation addressing cybercrime. It aims to combat offenses such as unauthorized access to information systems, electronic fraud, cyberstalking, and cyberterrorism. The Act grants law enforcement agencies powers to investigate and prosecute these crimes, including the authority to preserve data, conduct searches, and seize digital evidence.

Historical Context:

PECA was introduced to address the growing challenges of cyber threats and to regulate online spaces in Pakistan. However, from its inception, the Act faced criticism for its potential to infringe upon constitutional rights, including freedom of expression and privacy. Critics argued that the law was vaguely worded and granted sweeping powers to law enforcement agencies, leading to concerns over misuse.

Key Provisions:

• Unauthorized Access (Section 3): Criminalizes unauthorized access to information systems or data.

• Cyber Terrorism (Section 10): Addresses offenses related to cyberterrorism, including the glorification of such acts online.

• Hate Speech (Section 11): Prohibits the dissemination of hate speech through electronic means.

• Electronic Fraud (Section 14): Targets fraudulent activities conducted electronically.

• Cyberstalking (Section 24): Penalizes stalking behaviors carried out via electronic communication.

• Spamming (Section 25): Addresses the issue of unsolicited electronic messages.

• Spoofing (Section 26): Criminalizes the act of deceiving individuals by masquerading as another person through electronic means.

The Act also outlines procedural powers for law enforcement, such as expedited data preservation, search and seizure operations, and real-time data collection.

PECA and the perils of Press

Over the years, PECA has been criticised for being used to suppress dissent and target journalists, human rights defenders, and political opponents. In February 2022, the government amended PECA to make online "defamation" of authorities, including the military and judiciary, a criminal offense with harsher penalties. This move was seen by many as an attempt to further curb freedom of expression.

As of January 2025, President Asif Ali Zardari has signed the bill, after initially delaying his decision to allow for consultations with journalists and relevant stakeholders.

“The terms ‘fake news’ and ‘unlawful content’ used in the bill are so vague that anyone can be sent behind bars," says Qurrat-ul-Ain Shirazi, a politics reporter from Independent Urdu. 

She questions how a journalist’s ‘intent’ can be judged based solely on a reported story or a social media post.

"After this bill, journalists will have to be very cautious about what they say on social media, especially when expressing opinions on certain issues. The state has criminalized even the act of giving an opinion on subjects related to security, the state, and the country’s ideology, as it can interpret one’s intent however it wishes," she adds, referring to the 2016 amendments, when journalists were kidnapped or went missing and were later recovered after the state allegedly filed cases against them under PECA.

Hunain Ameen, the Managing Editor of Yeni Şafak, also shares his thoughts.

"It’s strange that the government is legitimising something the state has been doing for so long already—knowing full well that it will soon be at the receiving end—more so than the journalists who have consistently and indiscriminately protested these draconian measures once promulgated," he says.

This law changes the way people interact in digital spaces, believes Nighat Dad, a lawyer and prominent digital rights activist who founded the Digital Rights Foundation, a non-profit organisation dedicated to protecting digital spaces.

"Content will be monitored, implying that anything critical of politicians and the judiciary will be under scrutiny. For years, the journalists' community was unaware of how to self-regulate, and now the government is going after them," she remarked.

A threat to creativity? 

Again, it is not just journalists who will face the long-term effects of the bill, but also those trying to make a living by creating content—especially those doing it "for fun."

“When you talk about comedy, it is inherently subjective, so anything can be deemed offensive. Anyone who disagrees with an idea can demand its removal. For comedians, there are already many boundaries, and this bill further threatens freedom. It is also extremely vague,” says Haris Ali, a stand-up comedian, adding that the bill "highly" violates cultural and artistic rights.

“Art is all about having the liberty to create, and somehow, that is being taken away from us,” he said.

Censorship is not explicitly mentioned in the bill, but content creators are well aware that it is implied.

“The censorship of content was never formally legalized before—we didn’t have so many restrictions ‘on paper.’ Yet, we were still pressured to mold our content to avoid offending anyone. Now that these restrictions are officially documented, we know exactly how they will impact content creators in the long run,” remarked Razi Wani, another satirical content creator.

In the latest developments, the FIA has received its first complaint under the PECA bill. The complaint was filed against a female lawmaker from the Punjab Assembly, belonging to the governing Pakistan Muslim League-Nawaz (PML-N), accusing her of spreading 'fake news.' As far as the optics are concerned it appears to be a transparency move ie the governing party is also being held accountable. However, the underlying concerns and ambiguities surrounding the law still persist.

The Prevention of Electronic Crimes (Amendment) Bill, 2025, is more than just another law—it is a turning point for Pakistan’s digital landscape. By criminalising undefined "fake news" and tightening control over social media, the bill threatens to reshape online spaces into heavily monitored, state-regulated platforms where free expression is stifled. In the longer run, this will not only impact journalists but also ordinary citizens, content creators, activists, and even businesses that rely on open digital discourse.

Pakistan has long struggled with bans and restrictions rather than progressive digital policies. From blocked websites to crackdown on dissent, the state has chosen to police the internet rather than develop it. 

Instead of fostering a space where ideas flourish, innovation thrives, and information circulates freely, the government has chosen control over connectivity. 

Such measures rarely succeed in silencing criticism—they only push conversations underground, leading to greater distrust between the state and its people.

At a time when the world is advancing toward digital freedom, Pakistan appears to be moving in the opposite direction. This bill is not just about controlling narratives; it appears to be about shaping the very way people communicate, engage, and think in the digital realm. 

The question remains: will Pakistan continue down this path of suppression, or will it recognise that progress comes not from fear, but from freedom? Also, just putting it out there, does talking about the law also qualify as breaking it?