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January 23, 2025 - Comments Off on Journalists, Opposition walk out of NA as controversial PECA amendments passed

Journalists, Opposition walk out of NA as controversial PECA amendments passed

Pakistan’s National Assembly has passed controversial amendments to the Prevention of Electronic Crimes Act (PECA), to which journalists and members of the opposition PTI party, who both walked out of the National Assembly, walked out in protest. These amendments to the PECA have been condemned since they were first leaked, not just as the overly broad language could be interpreted to further attack freedom of expression, but because drafts of the bill had not been shared or discussed with stakeholders, which has been heavily criticised by activists and journalists. The bill will now be sent to the Pakistani Senate for a final approval.

The government has for several months claimed that the new provisions are necessary to tackle “fake news” or disinformation, with people accused of such to be “punished with imprisonment which may extend upto three years or with fine which may extend to Rs2m or with both.”

In addition to proposing the creation of a Social Media Protection and Regulatory Authority (SMPRA), the amendments have expanded the definition of “social media platforms” to include the “tools” or software used to access said platforms. This expansion of the definition of “social media platforms”, even before the bill’s passing, was widely regarded as a vehicle to provide legal cover to future attempts to ban “unregistered” local VPNs – a legal opinion by the Ministry of Law had thwarted previous VPN ban attempts.

Nighat Dad, Digital Rights Foundation’s Executive Director, said that the passing of the amendments came as a “shock”, and that civil society organisations and other stakeholders had not been shown any drafts, with the result that the final version “suddenly came out of nowhere”. In addition to remarking that the bill should not have been passed owing to the “broad and ambiguous” powers it gave to authorities – already a serious  and ongoing concern about the PECA – Ms. Dad also pointed out its definitions concerning “false and fake information” were suspect – notable given that global authorities have not been able to provide consistent and universally applicable definitions themselves.

January 22, 2025 - Comments Off on PML-N, PPP Agree On PECA Amendments

PML-N, PPP Agree On PECA Amendments

Two of Pakistan’s ruling parties, the Pakistan Muslim League-Nawaz (PML-N) and Pakistan People’s Party (PPP), have come together on amending the Prevention of Electronic Crimes Act (PECA), despite disagreements especially with regards to social media control – a controversial point of contention and penalties. As per proposed legislation under this agreement, social media usage will be regulated via a new government authority to be established.

 

The new authority will have the responsibility of determining what constitutes disinformation or “fake news”, and will have the power to impose penalties for disseminating disinformation – a maximum of three years in prison, and fines. The length of the sentence was one of the key points that the PPP and PML-N strongly disagreed upon, as the latter had originally proposed sentence of ten years. The new authority will have powers similar to, according to ARY News, “the Pakistan Telecommunication Authority (PTA), the Federal Investigation Agency (FIA), and the Pakistan Electronic Media Regulatory Authority (PEMRA).”

January 21, 2025 - Comments Off on Interior Ministry to oversee PECA

Interior Ministry to oversee PECA

The Government of Pakistan has amended the Rules of Business 1973 to shift responsibilities regarding the Prevention of Electronic Crimes Act (PECA) from the Ministry of Information Technology & Information (MOITT) to the Ministry of the Interior, during a federal cabinet meeting chaired by Pakistan’s Prime Minister, Shehbaz Sharif. In the context of governance in Pakistan, “Rules of Business” refers to the rules by which all “business” or “all work done by the Federal Government” is to be undertaken, as per relevant ministries. The government has not as yet updated the “Rules of Business 1973” on its websites as yet, so the version embedded above is the most up to date as of January 22, 2025.

 

News reports have not thus far discussed what this shift in ministerial oversight for PECA might mean in regards to the rights of freedom of expression and to privacy, especially in the light of proposed amendments to the PECA that seek to provide legal grounds for banning VPNs and other means of accessing social media.

December 15, 2024 - Comments Off on Govt expected to push amendments to expand PECA powers this week

Govt expected to push amendments to expand PECA powers this week

The Pakistan government is pushing to have amendments to the Prevention of Electronic Crimes Act (PECA) tabled “as early as” this week (December 16-20), that would create a new authority body with controversially broad powers to block access to social media and to specific online content. As reported upon earlier in December, the amendments are part of the government’s strategy to tackle what it regards as “fake news”.

The proposed PECA amendments include the creation of a Pakistan Digital Rights Protection Authority (DRPA), which would, according to Human Rights Watch, “be authorised to prosecute people for sharing or accessing prohibited content, and take action against social media platforms that host such content.”

In addition to the creation of DRPA – to replace the Pakistan Telecommunication Authority (PTA) concerning the monitoring of social media content - the amendments also introduce language to expand upon and redefine terms. For instance, the term “Social media platform”now includes the use of any software or tools that would be used to access social media platforms. The redefining of “Social media” points to the government potentially giving itself legal power to block tools such VPNs, after the PTA ban on VPNs was blocked by an opinion from the Ministry of Law.

December 14, 2024 - Comments Off on Journalists, vloggers among 150 booked under PECA for “maligning security agencies”

Journalists, vloggers among 150 booked under PECA for “maligning security agencies”

Pakistan’s Federal Investigation Agency (FIA) has registered cases against 150 individuals, including journalists and vloggers, “for their involvement in maligning security agencies over the Nov 26 incident”, referring to the controversy surrounding the number of deaths at a protest march by PTI supporters in late November 2024. According to the FIA, Harmeet Singh, a Pakistani Sikh journalist, had ostensibly promoted a “false narrative” concerning the four day-long protest, and claimed that he had incited violence against the state. He and others were being booked under Sections 9 (“Glorification of an Offence”), 10 (“Cyber Terrorism”), 11 (“Hate Speech”) and 24 (“Cyber Stalking”) of the PECA.

The Pakistan Federal Union of Journalists (PFUJ) condemned the 150 arrests, calling them “a blatant attack on press freedom and freedom of expression in Pakistan and depicts the authoritarian mindset of the so-called elected government.” The PFUJ stressed that it does not condone “fake news”, but that “due process” was vital when registering cases against journalists.

December 6, 2024 - Comments Off on Pakistan Army Chief calls for action against fake news, echoed by Minister for IT

Pakistan Army Chief calls for action against fake news, echoed by Minister for IT

Chief of Army Staff General Syed Asim Munir, the Pakistan Army’s most senior ranking officer called on the government to take action against “pre-planned coordinated and premeditated propaganda” that are allegedly being spread “by certain political elements as an attempt to drive a wedge between the public & Armed Forces and institutions of Pakistan.” Speaking to senior officers of the armed forces at the 84th Formation Commanders' Conference, General Munir called for stringent laws to combat “fake news”, and the “unethical use of freedom of expression to spread polarization.”

 

A day later, the Minister for IT and Telecommunication, Shaza Fatima Khawaja, briefed the Senate Standing Committee on IT and Telecommunication and stated that the Prevention of Electronic Crimes Act (PECA) would be amended to tackle “fake news”, echoing the concerns of General Munir and others. In response to a question raised by members of the committee pertaining to the proposed amendments,   she underscored that these  amendments were aimed at addressing “concerns related to fake news and online misinformation campaigns” and not intended to “restrict the internet” and the freedom of expression of citizens. The minister was also asked about the legal powers of the PTA or the government in regards to VPN shutdowns. The Minister downplayed concerns of the committee members on internet shutdowns, claiming that the issue had been “blown too much, but the government does not intend to take such extreme measures”.

December 3, 2024 - Comments Off on Government Forms “Fake News” Taskforce after PTI Protest March Deaths

Government Forms “Fake News” Taskforce after PTI Protest March Deaths

In the wake of the protest march by PTI supporters towards Islamabad in late November, and the subsequent government crackdowns and controversy concerning the number of deaths said to have occurred at the march The Government of Pakistan has constituted a joint task force to tackle “fake news”.

 

The goal of the taskforce would be, according to the Prime Minister’s Office, to “identify individuals/groups and organisations involved in creating and spreading fake and misleading news surrounding political miscreants in Islamabad from Nov 24-27, 2024, including entire media campaign related to the issue.”

 

To be headed by the head of the Pakistan Telecommunication Authority (PTA), the taskforce will include at least eight members including the head of the FIA’s cybercrime division, Islamabad Police Chief, the IT director of the Ministry of Information Technology and Communication, the joint director of the Intelligence Bureau, and the joint secretaries of the Ministries of the Interior and Information, representatives from Pakistan’s Inter-Services Intelligence (ISI) and Military Intelligence.