The PECA (Amendment) Act, 2025 granted authorities the power to remove and block content from social media platforms
ISLAMABAD:
The capital’s High Court has asked who would decide which report falls into the category of fake news while hearing various petitions filed against controversial amendments to the country’s cybercrime law, the Prevention of Electronic Crimes Act (PECA), 2016.
Islamabad High Court (IHC) judge Inaam Ameen Minhas on Monday resumed hearing the petitions filed against PECA by various organisations, including the Pakistan Federal Union of Journalists (PFUJ) and the Islamabad High Court Journalists’ Association.
Islamabad High Court Journalists’ Association lawyer Mian Samiuddin read out the provisions added after the PECA amendments and argued that the powers that should rest with the judiciary had been transferred to the executive under the law.
He argued that a judicial tribunal should be established, with appointments made in consultation with the chief justice of the relevant province or the IHC. Referring to Article 2© of the amended PECA law, he said it concerns restrictions on false posts on social media.
Justice Minhas asked who would determine whether the information was fake or false. He asks for clarification on how fake news will be identified and how prosecutions will be pursued.
In response, Mian Samiuddin argued that the amendments introduce a new mechanism for not only an aggrieved person but also a third party to file a complaint.
This, he warned, would allow proxies to file complaints, leading to abuse of the law. He added that it was essential to assess what real harm was caused by false information, noting that misinformation could also be a real error resulting in no harm.
Justice Minhas observed that the case involved legislation that could not be stayed by an interim order, and said the court would decide the matter after hearing it in its entirety. The hearing was adjourned until March 6.
In January last year, the PML-N-led federal government bulldozed through Parliament a series of amendments to the PECA, despite protests from the opposition and journalists.
The PECA (Amendment) Act, 2025 granted authorities the power to remove and block content from social media platforms and paved the way for the formation of a Social Media Complaints Council.
Various organizations have filed complaints against the amended law, claiming that Section 2®, paragraph 1(H) of the amended law does not include the words “false” or “false”. They said the amendment violates Articles 8, 9, 10-A, 18, 19 and 19-A of the Constitution, while contradicting Islamic laws.
Under the amended law, journalists are required to disclose their sources, which is unacceptable. The amendment could be used to access journalists’ sources, potentially putting them in danger. The PECA Amendment Act is a direct attack on freedom of expression and freedom of the press, they said.
