Islamabad: Amendments to the controversial Prevention of Electronic Crimes Act (PECA) by the ruling coalition government were challenged in the Supreme Court on Tuesday.
The petition reads, “It is humbly requested in the national interest of peace and stability that both the amendment and the existing law may kindly be reviewed in the full court bench in the light of the freedom of expression and opinion to disseminate to society.”
Muhammad Qayum Khan, in his petition, has asked the Supreme Court to declare the amendments to PECA as “ultra vires” to the constitutional powers of the legislature, calling the changes “extremely repugnant to human rights, fundamental rights, and freedom of expression and speech.”
The petition urges the apex court to immediately strike down the Act to prevent new legal crises, and also requests the review of the existing law, which was approved by previous governments, in light of the Constitution.
The petition states, “We live in a global village where all human beings have equal human rights, and targeting and hurting opponents cannot be sustained and must be restricted along with the current PECA.”
This development comes as the ruling coalition quickly pushed through the controversial amendments in both the National Assembly and the Senate, with opposition parties, journalists, and media bodies criticizing the lack of consultations and the law’s provisions.
The law, which has now come into effect following President Asif Ali Zardari’s assent, includes new definitions, the establishment of regulatory and investigative bodies, and stricter penalties for spreading “false” information.
The new amendments reduce the punishment for spreading “fake information” to three years, while offenders may also face a fine of up to Rs2 million.
The amendments also propose the creation of the Social Media Protection and Regulatory Authority (SMPRA), the National Cyber Crime Investigation Agency (NCCIA), and the Social Media Protection Tribunal.
Furthermore, it states that any person “aggrieved by fake and false information” can approach the authority for removal or blocking access to such information, with the authority issuing orders within 24 hours of the request.
The amendments also suggest that the authority may require any social media platform to register with it in any manner and on payment of a prescribed fee.
Additionally, the new amendments propose the establishment of a Social Media Complaint Council to receive and process complaints from aggrieved parties against any violation of the cybercrime law.
It also proposes the creation of Social Media Protection Tribunals to resolve cases within 90 days, with appeals allowed to the Supreme Court within 60 days.
