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 as to who will decide which report falls under the category of fake news during the hearing of various petitions filed against controversial amendments to the country’s cybercrime law the Prevention of Electronic Crimes Act (PECA), 2016.
Islamabad High Court’s (IHC) Justice Inaam Ameen Minhas on Monday resumed hearing petitions filed against PECA by various organizations including the Pakistan Federal Union of Journalists (PFUJ) and the Islamabad High Court Journalists Association.
Counsel for the Islamabad High Court Journalists Association, Mian Samiuddin, read out the provisions added after the amendments to PECA and argued that powers which should rest with the judiciary had been transferred to the executive under the law.
He contended 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 Section 2© of PECA amended act, he said it relates to restrictions on fake and false social media posts.
Justice Minhas asked who would determine whether information was false or fake. He sought clarification on how fake news would be identified and how proceedings would be initiated.
In response, Mian Samiuddin submitted that the amendments introduce a new mechanism allowing not only an aggrieved person but also a third party to file a complaint.
This, he warned, would allow proxies to lodge complaints, leading to misuse of the law. He added that it was essential to assess what actual harm was caused by fake information, noting that misinformation could also be a genuine mistake that caused no damage.
Justice Minhas observed that the matter involved legislation, which could not be suspended through an interim order, and said the court would decide the case after hearing it in full. The hearing was adjourned until March 6.
In January last year, the PML-N led federal government bulldozed through parliament a set of amendments to PECA amid protest by 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 Complaint Council.
Various organizations moved courts against the amended law, claiming that Section 2®, Subsection 1(H) of the amended act does not include the words “false” or “fake.” They stated that the amendment violates Articles 8, 9, 10-A, 18, 19, and 19-A of the Constitution, while also 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 endangering them. The PECA Amendment Act is a direct attack on freedom of expression and press freedom, they claimed.
