Islamabad: The Islamabad High Court Journalists Association (IHCJA) on Monday challenged the amendments made by the federal government to the controversial Prevention of Electronic Crimes Act (PECA) in the Islamabad High Court.
The petition argues that the PECA Amendment Act is an “attack on press freedom” and seeks judicial review. The petitioner’s lawyer has also urged the court to form a larger bench to hear the case.
The petition further contends that the appointment of an authority and tribunal under PECA falls within the government’s jurisdiction. It also states that the PECA Amendment Act violates Articles 19 and 19A of the Constitution.
Additionally, the petition claims that the law grants the government unlimited censorship powers, severely infringing on digital rights, and that the regulatory authority under PECA has no constitutional standing.
Court Proceedings:
Acting Chief Justice Sarfaraz Dogar directed that the case be linked with other pending petitions and assigned it to Justice Inam Amin Minhas. He further stated that Justice Minhas would decide on the request for a larger bench.
During the hearing, Acting Chief Justice inquired about the schedule for the case, to which Advocate Mian Samiuddin responded that the case before Justice Minhas had been postponed for two weeks.
This development follows the ruling coalition bulldozing the controversial amendments through the National Assembly and Senate. Opposition parties, journalists, and media bodies have raised concerns over the lack of consultation before passing the amendments.
Key Points of the Amendment Act:
The law, which has now come into effect following President Asif Ali Zardari’s assent, provisions new definitions, the establishment of regulatory and investigative bodies, and stricter penalties for disseminating “false” information.
The new amendments lower the punishment for spreading “fake information” online to three years, and the offender could face a fine of up to Rs2 million.
The amendments also propose the establishment of the Social Media Protection and Regulatory Authority (SMPRA), 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, and the authority must issue orders within 24 hours on the request.
The amendments also stipulate that the authority may require any social media platform to enlist with it in any manner, form, and upon payment of prescribed fees.
Additionally, the amendments propose the constitution of a Social Media Complaint Council to receive and process complaints against violations of the cybercrime law.
The establishment of Social Media Protection Tribunals is proposed to resolve cases within 90 days, with appeals allowed to the Supreme Court within 60 days.
