SHC, LHC issue notices on PECA pleas
Both the provincial high courts of Sindh and Punjab on Monday sought replies from respondents including the federal government while hearing petitions filed against some recent amendments to the country's cybercrime law the Prevention of Electronic Crime Act (PECA), 2016.
A division bench of the Sindh High Court (SCH) led by Chief Justice Muhammad Shafi Siddqui took up a petition filed by two journalistic organizations the Karachi Union of Journalists (KUJ) and the Society of Court Reportersagainst the amendments bulldozed through parliament last week.
During the hearing, the bench asked the petitioner's counsel Barrister Ali Tahir as to what were his clients' objections to the amendments. "Should a person spreading fake news not be punished," the bench questioned.
The counsel said the basic question was as to who was supposed to decide whether a particular news item was fake or not. The CJ noted that all things are not decided by court and some matters are left up to the discretion of the relevant authority.
"The amended law does provide the option of filing an appeal against the order of the authority," he said. The counsel stated that it was a matter of fundamental rights which should be decided by courts.
The CJ observed that if it was a matter of fundamental rights then it should be adjudicated by a constitutional bench. Barrister Ali Tahir noted that in its verdict in the Attock Cement case, the court has ruled that a regular bench can also decide the constitutional status of any law.
The bench later issued notices to the respondents including the federal government asking them to submit their replies in two weeks.
Separately, a single-member bench of the Lahore High Court (LHC) comprising Justice Farooq Haider on Monday also sought repliesby March 5from the concerned quarter on a plea seeking declaration of different sections of PECA (Amendment) Act, 2025 ultra vires the Constitution.
PFUJ Secretary General Rana Azeem, Punjab Assembly Leader of Opposition Malik Ahmad Bachar and Abdullah Malik advocate filed this petition through advocate Azhar Siddique contending that these provisions are incompatible with the democratic principles and protection of fundamental rights.
They submitted that the recent amendments to PECA represent a significant shift towards increased government control over online content and a potential threat to freedom of expression in Pakistan.
"The broad and vague definitions within the law, coupled with severe penalties, create an environment of fear and self-censorship among journalists and the public.