ISLAMABAD:
Justice Inam Ameen Minhas of Islamabad High Court on Monday observed that the amendment to the Prevention of Electronic Crimes Act (PECA), 2016, is legislation and cannot be suspended through an injunction, adding that the court would decide the matter after hearing the case.
The court then adjourned further proceedings on petitions challenging the law until March 6.
The petitions were filed by journalistic bodies, including the Pakistan Federal Union of Journalists (PFUJ) and the Islamabad High Court Journalists Association (IHCJA), against the controversial amendment to the law. Justice Minhas heard the petitions jointly.
Mian Samiuddin, counsel for the IHCJA, presented arguments before the court and read out the provisions added through the amendment. He argued that powers which should rest with the judiciary had been transferred to the executive. He added that a judicial tribunal should be appointed in consultation with the chief justice of Pakistan.
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Samiuddin further argued that Section 2C of the amended law relates to the prohibition of fake and false social media posts. At this, Justice Minhas asked who would determine whether information was fake or false, and how such news would be identified and proceedings initiated against it.
The petitioner’s lawyer said the new procedure allows even a third party, in addition to the affected party, to file a complaint. He argued this could enable proxies to file complaints and lead to misuse of the law. Samiuddin stressed that it was essential to determine what harm was caused by fake information, adding that some incorrect information could be a harmless error, causing no damage.
Last year, the National Assembly passed a set of amendments to PECA under a supplementary agenda, significantly expanding the government’s authority to regulate online content and penalise digital offences. The PECA (Amendment) Act 2025 includes provisions for the formation of a Digital Rights Protection Authority (DRPA), empowered to remove online content, restrict access to prohibited material and impose penalties on those sharing such content.
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The amendments also broaden the definition of “social media platforms” to include tools and software used to access them, extending the law’s jurisdiction to websites, applications and various communication channels. Under the revised framework, the FIA Cybercrime Wing is to be disbanded and replaced with a stricter enforcement mechanism. Individuals sharing expunged material from parliamentary or provincial assemblies on social media could face up to three years in prison and a fine of Rs2 million.
Journalists’ organisations have criticised the amended law, citing what they describe as growing threats to press freedom and the safety of journalists in Pakistan.
