September 25, 2025 - Comments Off on Probing Attacks on Journalists: Investigative Analysis of PECA’s Post-Amendment 2025 Cases
Probing Attacks on Journalists: Investigative Analysis of PECA’s Post-Amendment 2025 Cases
Over the past decade, Pakistan has experienced a rapid increase in digital connectivity and technological advancement. The internet has become a central platform for citizen engagement, political participation, journalistic expression, and public debate. However, this digital shift has also introduced pressing challenges, including the spread of misinformation, cyber harassment, privacy breaches, and other forms of cybercrime. These concerns have prompted the government to intervene and enact robust legal mechanisms to regulate digital spaces.
The Prevention of Electronic Crimes Act, 2016 (PECA), was introduced as a primary law in Pakistan to govern online spaces and to provide safeguards against cybercrimes. Its provisions addressing offenses such as unauthorized access, identity theft, cyber harassment, child pornography, cyberbullying, and defamation provided a legal framework to enhance cybersecurity and protect individuals from the emerging threats of the digital age. However, over time, the implementation of PECA has evolved in a way that extends beyond this protective scope, shifting its focus away from the original purpose of safeguarding against online crimes for which it was enacted.
In practice, rather than focusing on combating online crimes, the state's implementation of PECA appears directed at harassing, intimidating, and silencing the voices of critics. PECA now stands as a tool to restrict the right to free expression in online spaces, particularly for journalists, and has given rise to distressing attacks.
Journalists and media practitioners have been the primary targets of PECA and have been subjected to attacks for their reporting, critique of state institutions, or exposing corruption. Attacks on them are becoming increasingly common, ranging from targeted disinformation campaigns to legal intimidation. The Clooney Foundation for Justice, an international organization dedicated to various causes for human rights protection, including monitoring trials targeting journalists to advocate against unfair convictions, published a comprehensive report in 2023 entitled "Section 20 of Pakistan’s Prevention of Electronic Crimes Act: Urgent Reforms Needed." This report documented cases of unfair prosecution of journalists in Pakistan and provides evidence regarding the prevailing pattern of using PECA by the Federal Investigation Agency (FIA) as a tool to suppress press freedom and target journalists.
These practices to harass journalists stand in direct conflict with Pakistan's constitutional guarantees and international obligations. The Constitution of Pakistan 1973 lays out clear guarantees for freedom of speech and expression. Article 19 states that “Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, commission of or incitement to an offence.” This constitutional safeguard provides the journalists and press with a strong legal foothold, even while permitting limitations. In Masroor Ahsan v. Ardeshir Cowasjee (PLD 1998 SC 823), the Supreme Court recognized freedom of the press as one of the pillars of individual liberty that cannot be curtailed beyond what the Constitution expressly permits. The 18th Amendment further strengthened this provision through Article 19A, which states, “Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.” Together, these provisions were designed to ensure that journalists can not only publish freely but also gather the information needed to do so.
Beyond constitutional guarantees, statutory protections also exist. The Press Council of Pakistan Ordinance, 2002, established a body to safeguard press freedom, uphold ethical standards, and provide a forum for complaints of interference, although its powers remain limited. More significantly, the Protection of Journalists and Media Professionals Act, 2021, passed by the National Assembly on November 8 and signed into law on December 2, 2021, is regarded as the most comprehensive piece of legislation on media safety in Pakistan. Its provisions affirm journalists’ right to life, privacy, and non-disclosure of sources; ensure independence in the performance of journalistic duty; and provide safeguards from harassment or violence. In Rana Muhammad Arshad v. Federation of Pakistan (W.P. No.2939/2020 IHC), the Islamabad High Court (IHC) reinforced these protections by quashing a cybercrime notice issued to a journalist, holding that the notice violated his constitutional rights to free speech and access to information and that the state bears a duty to protect the independence of journalists.
Along with the domestic legal obligation to safeguard the rights of journalists, Pakistan also has an international obligation under the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). The Pakistani legal system contains wider restrictions than ICCPR standards, as officials use national security and religious reasons to limit press freedom. The media faces censorship, while websites and YouTube channels get blocked, and reporters experience intimidation and oppression despite existing international obligations and constitutional protections. The 2025 global press freedom rankings place Pakistan at 158th of 180 countries, making it one of the most dangerous states for journalists. The UN Human Rights Committee, together with advocacy groups, has expressed worry that Pakistan violates ICCPR commitments through its extensive application of laws such as sedition, defamation, and blasphemy laws.
Despite the existence of such extensive national safeguards and international commitments that uphold press freedom, Pakistan has consistently disregarded these guarantees. Instead of protecting rights through legal frameworks, PECA has been used to curtail them. This trajectory reached a critical turning point with the introduction of the PECA Amendment Act 2025 (PECA Amendment), which further contributed to the restrictions on free expression rather than addressing the law’s earlier flaws.
With the passage of this amendment, Pakistan has further redrawn the parameters of online free speech, and once again, journalists are bearing the brunt. As noted by several critics and journalists, and highlighted in the Digital Rights Foundation’s analysis of the PECA Amendment, the legislation marks a negative turning point for Pakistan’s digital landscape by creating vague criminal offences which are potentially weaponized to suppress accountability and discourage individuals from speaking out or sharing information due to the threat of legal repercussions. This PECA Amendment transforms the already problematic online spaces into heavily monitored, state-regulated platforms, where free expression is further suppressed by criminalizing undefined "fake news" under section 26-A.
As per the newly added Section 26-A through the 2025 Amendment, “Whoever intentionally disseminates, publicly exhibits, or transmits any information through any information system, that he knows or has reason to believe to be false or fake and likely to cause or create a sense of fear, panic or disorder or unrest in general public or society...” The newly introduced 26-A introduces severe penalties for violations, including imprisonment for up to three years, a fine ranging from one to two million rupees, or both. It is interesting to note how the PECA Amendment, or the original PECA Act itself, does not define the terms ‘fake’ and ‘likely to cause unrest’, leaving broad discretion in the hands of authorities. The legal ambiguity of Section 26-A has turned this provision into a powerful tool to curb free speech, rather than serving its original intent. As a result, journalists face FIRs, notices, summons, arrests, and prolonged investigations and trials. Such cases are now widespread in the country, occurring in both major cities and smaller districts.
The examples below, especially those registered after the recent PECA Amendment 2025, highlight the growing trend of using amended PECA provisions not for accountability and online safety, but to deter investigative reporting and control over the press freedoms.
Cases related to Propaganda and Fake News
- In March, Journalist Farhan Mallick, founder of the media agency Raftar, was also arrested in Karachi by the FIA on allegations of running “anti-state” content on his YouTube channel. He was booked under Sections 16, 20, and 26A of PECA, along with Sections 500 and 109 of the Pakistan Penal Code 1860, and was remanded into FIA custody for four days. As per the FIR, Farhan Mallic, by using the alleged YouTube Channel, namely “Raftar TV”, is involved in generating and continuously disseminating and uploading posts and videos related to anti-state with fake news and public incitement agenda.
- In March, Journalist Waheed Murad was also taken from his residence in Islamabad, after which the FIA Islamabad registered a case against Journalist Waheed Murad under Sections 9, 10, 20, and 26A of PECA over allegations of posting intimidating and misleading content online. It is also stated in the FIR that Mr Murad shared highly intimidating content on social media platforms, at Facebook and X, leading to the dissemination of false, misleading, and misinterpreted information, which leads to hatred against government functionaries.
- In April, a case was registered against journalist Muneeb Indhar at Dadlo Police Station in Pano Aqil, Sukkur, under section 20 of PECA along with sections 500, 504, and 506 of the Pakistan Penal Code, for allegedly using derogatory language against President Asif Ali Zardari on his Facebook account.
- In July, a Judicial Magistrate in Islamabad, on the request of the National Cyber Crimes Investigation Agency (NCCIA), ordered the blocking of 27 YouTube channels under Section 37 of the PECA for allegedly spreading fake, misleading, and defamatory content against government institutions and the armed forces. The blocked channels included those run by journalists as well. Subsequently, a revision petition has been filed against the order. On September 9, 2025, Additional District and Sessions Judge Mohammad set aside the order, declaring the Magistrate lacks the jurisdiction, while deciding that the PTA is still competent to take action as per law.
- In August, an FIR was registered by NCCIA Islamabad against journalist Khalid Jamil under sections 20 and 26-A of PECA on accusations of “deliberate pattern of conduct involving mocking, ridiculing, and maligning state institutions with the clear intent to instigate public discontent”. As per the FIR, Mr Jamil was found sharing highly intimidating content on X, and his profile has knowingly disseminated fake and false information leading to hatred against the government functionaries.
Cases related to Local Accountability Reporting
- On 29 July 2025, journalist Iftikhar Ul Hassan (Director News, Samaa/PTV, based in Multan) posted on social media about actions taken by the deputy commissioner and chief officer of the Municipal Committee against the Grand City Housing Scheme in Vehari district, Punjab. Following this, the Vehari administration, through Chief Officer Naeem Khalid, filed an FIR against him under Section 20 of the PECA .
- In July, an FIR was registered at Daniwal Police Station on the complaint of Municipal Officer Majeed Pathan against journalist Muhammad Aslam Chaudhry. The FIR alleged that Aslam uploaded a video on social media accusing the Municipal Committee Vehari of using substandard materials in a World Bank–funded road construction project under the Punjab Cities Program, claiming the video was intended to blackmail and damage the administration’s reputation and noting that Aslam lacked the technical expertise to make such claims. The case was lodged under Sections 20, 24, and 27 of PECA.
- In August, journalist Irfan Khan posted on X (formerly Twitter) that deputy commissioner posts in Lakki Marwat, Malakand, and Karak districts in Khyber Pakhtunkhwa were being sold for up to Rs 25 million. After the post, the Khyber Pakhtunkhwa Secretary Establishment filed a complaint with the NCCIA, accusing him of spreading false and defamatory content against the provincial government.
The above cases show how online spaces in Pakistan, once celebrated as platforms for free expression and accountability, have become increasingly vulnerable for journalists. The rise of vague and sweeping laws against so-called “fake news” has blurred the boundaries between free expression and criminal conduct. Critical reporting that highlights major issues is now treated as a potential offense under the guise of 'fake news'. From national headlines to local stories, no piece of journalism remains safe from legal repercussions, leaving journalists exposed to harassment, censorship, and even legal action. Each new FIR under the banner of “fake news” gives a louder message that speaking facts in today’s digital spaces comes at the cost of freedom, safety, and sometimes one’s career. In the longer run, the law will not only impact journalists but also ordinary citizens, content creators, activists, and even businesses that rely on open digital discourse.
To reclaim the promise of a free digital landscape, Pakistan must urgently reform PECA, and entirely eliminate PECA Amendment to eliminate ambiguous provisions and adopt global best practices by other countries, where various states have shown changes in law, institutions, and safety systems to help weak media environments grow into stronger democratic ones. In 2013, Jamaica abolished criminal defamation laws, removing the risk of imprisonment for journalists and helping to curb self-censorship. Ghana undertook a similar step in 2001 by repealing criminal libel, a reform that contributed to one of the freest press systems in Africa. Sweden also illustrates the importance of institutional safeguards, with strong protections for sources and independent press councils that preserve editorial independence while ensuring ethical accountability. On the safety front, the Netherlands’ PersVeilig initiative demonstrates how collaboration between law enforcement, prosecutors, and media organisations can provide rapid responses to threats. Colombia offers another model through its National Protection Unit, which supplies at-risk journalists with relocation support, bodyguards, and other protective measures in high-risk environments. To protect journalists in practice, Pakistan could draw on these precedents to introduce legal reforms, independent regulation, and strong safety mechanisms in order to reduce punitive prosecutions against journalists.
In short, this investigative piece, with the aid of case studies, exposes the systemic attacks on journalists, revealing a stark reality of censorship and curtailment of basic freedoms. Laws intended to protect vulnerable groups, including journalists, are now being misused against them. This probe highlights the ills of politically motivated amendments and demands that legal instruments and their enforcement agencies deliver justice instead of serving those in authority.
