President signs PECA tweaks bill into law

Move comes as media bodies urge Zardari to put the brakes on the bill


​ Our Correspondents January 30, 2025

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ISLAMABAD/LAHORE:

Brushing aside growing opposition, President Asif Ali Zardari on Wednesday gave his assent to the controversial amendments to the country's cybercrime laws, despite calls from journalists and media organisations to put the brakes on the bill.

The move came a day after the Senate pushed through the Prevention of Electronic Crimes Act (PECA) 2016 amendments sparking nationwide protests from media workers who claimed the law was a gag order in disguise.

A press release issued by the Presidency confirmed that Zardari signed the Prevention of Electronic Crimes (Amendment) Bill, 2025, along with the Digital Nation Pakistan Bill and the National Commission on the Status of Women (Amendment) Bill.

The signing followed claims by the Parliamentary Reporters' Association (PRA) earlier on Wednesday that the president had accepted their request – conveyed through senior politician Maulana Fazlur Rehman – to delay the bill.

"The president, at the request of Maulana Fazlur Rehman, has halted the bill for some time till PRA Pakistan sends its suggestions," the PRA had stated.

However, as per the Constitution, the president can return a bill to parliament once, but if sent back to him a second time, his assent is deemed granted even if he does not sign it within ten days.

According to the PRA, a delegation from the association met with Fazl, who then contacted President Zardari. Fazl expressed solidarity with the PRA's concerns about the bill's approval "without consultations."

The JUI-F chief reportedly relayed the concerns of the PRA delegation and its president, Usman Khan, to the president.

He strongly urged Zardari "not to immediately sign the PECA amendment bill," stressing that "journalists across the country have objected to certain sections of it" and calling for those concerns to be addressed.

The PRA statement further claimed that Zardari assured Fazl of "full cooperation" and promised that consultations would be held between the PRA and Interior Minister Mohsin Naqvi regarding the bill.

PECA challenged in LHC

The PECA Amendment Act 2025 has been challenged in the Lahore High Court (LHC), with concerns raised over its impact on freedom of expression and press liberties.

A writ petition challenged the PECA Amendment Bill 2025, requesting the court to declare several of its provisions unconstitutional for being inconsistent with various articles of the Constitution of Pakistan, 1973.

The petition was filed by Lahore Press Club member Jaffar Bin Yar through his counsel, Advocate Nadeem Sarwar. The plea names the Election Commission of Pakistan (ECP), Pakistan Telecommunication Authority (PTA), Ministry of Law, Cabinet Division and Ministry of Information Technology & Telecommunication as respondents.

The petition argues that the National Assembly fast-tracked the approval of the PECA amendment bill last week by suspending its own rules, bypassing necessary scrutiny.

The petitioner contends that in the past, PECA has been used as a tool for silencing dissent, and that the new penalties will further erode the country's already limited freedoms.

The petition also asserts that the amendments were introduced without consultation with relevant stakeholders, including media organisations, violating constitutional protections for freedom of speech and expression.

Calling the PECA Amendment Act unconstitutional, the petitioner urged the court to strike it down and suspend all actions under the law until a final verdict is reached.

The petitioner contended that the bill was introduced without any consultation or discussion with relevant stakeholders, including media and journalist organisations.

He argued that the haste with which the bill was rushed through the lower house of parliament eroded public trust and raised serious concerns about the intent behind the amendments, particularly their impact on constitutionally guaranteed rights such as freedom of expression and press freedom.

He maintained that the amendments were disproportionate, non-transparent, and detrimental to free speech. The imposition of imprisonment and fines, he argued, was excessive and appeared designed to silence dissenting voices and suppress critical journalism rather than combat disinformation.

"The PECA amendments are a new tool of self-censorship," the petition stated.

The petitioner further submitted that the bill was passed without consultation or debate and that the amendments expand the previously available powers of the PTA by creating the Social Media Regulation and Protection Authority.

These provisions, he argued, grant authorities the power to block and remove content based on vague criteria, violating the right to freedom of expression and failing to meet international human rights standards of proportionality and necessity.

The amendments also introduce a criminal offence for disseminating "false and fake information," carrying a maximum penalty of three years' imprisonment and a fine.

The petitioner highlighted concerns over the vague and ambiguous language used to define this offence, warning that it could be misused to stifle online expression, particularly given the history of PECA being used against dissenting voices.

Bar to protest

Meanwhile, the Lahore Bar Association has announced a general house meeting today to discuss opposition to the PECA ordinance and the 26th constitutional amendment.

Following the meeting, lawyers will stage a protest march to Charing Cross in a show of defiance against the controversial legislation.

Supreme Court Bar Secretary Salman Mansoor is expected to address the gathering, raising alarms about the legal consequences of the PECA amendment and its potential misuse against journalists and dissenting voices.

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