The ordinance row

PECA has come at a time when political temperature is high, and the government is on the defensive


February 22, 2022

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An ordinance to curb dissemination of fake news has taken the target audience by storm. Though it hasn’t come as a bolt from the blue, its ramifications are being felt and its consequences debated in a political texture. Of the 70 or so ordinances that the PTI government has promulgated since coming into power, this Prevention of Electronic Crimes (Amendment) Ordinance, 2022, is more punitive and has stirred a controversy. Two aspects are worth pondering: one, the government seemed to be in an exigency as it deferred the scheduled National Assembly session to bulldoze this presidential decree; and two, it has broadened the definition of aggrieved person to include company, association or a body of persons in an attempt to bring into retribution propaganda or slur campaigns in a more comprehensive manner. 

This decree has come at a time when political temperature is high, and the government is on the defensive. Having failed to confront the opposition’s smear campaign, the ruling clique opted for punitive measures under the law. But there isn’t any wrong in the government's approach as far as it had sailed through the parliament. The rush exhibited skeletons in the cupboard, and unfortunately came in the wake of a row wherein a section of media was critical of a federal minister, and the retaliatory move had raised eyebrows. Moreover, the government through another dictum had amended the ECP bye-laws enabling sitting ministers and officials to campaign in elections. These two measures were more than enough to kick the tin-can on the street by vested interests, as confusion reigns supreme as far as the common man is concerned who has nothing to do with such gimmicks in an era of pinching inflation. 

Having agreed that there is no room for fake news in a civil society, and efforts to tackle the 5G hybrid warfare is a necessity, the question is: what will the government gain through this order? Merely increasing the jail term for defaming any person or institution, making it a non-bailable offence, and inserting a timeline for the courts to decide will not work. The point is there hasn’t been any implementation of a plethora of similar laws in the annals. Slur and propaganda can only be stemmed through a consensual law in all unanimity.

Published in The Express Tribune, February 22nd, 2022.

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