The PECA (The Prevention of Electronic Crimes Act) Amendment Bill 2025, introduced by the current federal government, was approved by the President without any debate in the House, after being approved by the relevant standing committees of the National Assembly and the Senate, and both the Houses of Parliament. The entire process was so easy that no stakeholder was consulted, and there was no debate or discussion on this bill in Parliament.
It takes months for our representatives sitting in the Houses to approve or amend a bill, but the twists in this amendment bill are surprisingly worrying because all other stakeholders, including journalistic organizations, have reservations. Also, a political party that claims that this amendment bill will prove to be a means of permanent ban on its political activities, especially, interestingly, this amendment bill was also passed in the Senate with the support of senators from this political party.
In 2016, during the N-League regime, the PECA Act came into existence ostensibly to prevent crimes committed on electronic media. The government did not pay due attention to the protests and voices raised against it by journalist organizations. This controversial law has been amended seven times since its inception, with major amendments in February 2022 and 2023. Each government has been changing and amending it according to its constraints and needs. However, after the recent amendments… Representing the government, Federal Minister for Information Mr. Atta Tarar is of the view that this bill has been brought to prevent fake news.
If this is the noble purpose, then why was this bill not given the required period for discussion in Parliament? Amendments were made to more or less 50 clauses of PECA. Why was each amendment not brought up for discussion? Was there such haste? These and many other questions that have created ambiguity.
In addition, the practical demonstration of democracy by the public representatives, government and government ministers in the houses claiming democracy should be noted that despite all the reservations, public opinion, protests, demonstrations, this bill was passed by the legislative bodies.
Before shedding light on the amendments to PECA one by one, it is important to inform you, readers, about a global problem called “fake news”! Fake news is different from false news, false news is also corrected and denied and an apology is also made for it, but fake news is given indiscriminately, to distort the facts or to damage the reputation/reputation of an individual or institution and it is shared as general news. Also, what is not based on facts is called propaganda, not news.
Fake news spreads like wildfire, fabricated and untrue content that has no clear sources or evidence to prove it. Criminals and other forms of journalism resort to using fake news for blackmailing or financial gain or to tarnish the image of an individual or organization. Journalism is a sacred profession, but unfortunately, non-journalists are labeling journalistic organizations and engaging in “yellow journalism” which should be discouraged. These organizations are not affiliated with global journalistic organizations, especially the International Federation of Journalists, but under the guise of journalism, they can cause the destruction of professional journalists and the journalism sector.
All responsible journalists and their representative organizations also want fake news and yellow journalism to end. In this regard, efforts are being made and cooperation is also being made with governments. However, journalists, journalist organizations, human rights organizations, lawyers’ organizations, digital rights organizations and all other stakeholders including other stakeholders have some reservations about the PECA Act Amendment Bill 2025 by the current government, such as…
After the amendments, journalists can be accused of “fake news” and imprisoned for 3 years and fined Rs 2 million. If the crime is not proven, the arrested journalist will have to suffer. No one is responsible for this. No action can be taken against members of the regulatory authority. They have been protected under the PECA Act. Federal Minister for Information and Broadcasting Ata Tarar has said that “this law will not be used against journalists,” but after the implementation of the new law, those who analyze any news against the government will also be able to be arrested.
The need for immediate amendment to the PECA Act arose because the government wants to regulate social media influencers and YouTubers, but while amending the PECA Act, provisions have been included to also intervene in electronic media. The lack of trust in journalistic organizations has created an atmosphere of agitation across the country. Protests are taking place across the country.
In the government’s opinion, content that is against the ideology of Pakistan, that incites the common people to take the law into their own hands, or that instills fear in the public, individuals, groups, communities, government employees, and institutions is illegal. The authority to decide this has been given to the official officials of the regulatory authority, while if there are no journalistic representatives in it, then the question of impartiality arises. In addition, the powers of the federal government have been expanded. The regulatory authority, the tribunal, and the committee formed will have direct government intervention.
Under this bill, it has been made mandatory for social media platforms to register with the authority, while social media platforms violating the law can be temporarily or permanently closed, other similar provisions will also affect the “common man”. The law has been amended to state that “a person affected by false and misleading news must apply to the authority to remove or block the news within 24 hours.”
The government will have the power to appoint the chairman and other members of the authority, their term will be for 5 years, but extension will not be possible, an annual report will be presented in parliament at the end of the authority’s financial year, and the federal government will be able to issue instructions to the authority on policy matters. Interestingly, according to the amendments made to the law, no lawsuit or action will be taken against the authority or any person for actions and decisions taken in good faith.
In this way, the members of the authority will not be held accountable for the action taken against any person. Under this new law, a Civil Media Complaints Council will be established, which will consist of a chairman and 4 members, where complaints from the general public, organizations and individuals will be received. The federal government will establish a Social Media Protection Tribunal under the amended law.
The person affected by the decision of the regulatory authority will be able to apply to the tribunal, while the person affected by the decision of the tribunal will be able to appeal to the Supreme Court within 60 days. The tribunal will decide all cases within 90 days. The chairman of the Social Media Protection Tribunal will be a person who has been a judge of the High Court or is eligible to become a judge of the High Court.
One member will have a bachelor’s degree in journalism and have 12 years of professional experience, the other member will be a software engineer and a social media expert. The chairman and members will be nominated for a term of 3 years. Under the amended law, a National Cyber Crime Agency will be established to investigate and prosecute. After the establishment of this agency, the Cyber Crime Wing of the FIA will be dissolved.
All the personnel working in this wing, cases, inquiries, investigations, assets, properties, budgetary rights and privileges will be transferred to the Cyber Crime Investigation Agency. The federal government will be able to form one or more joint investigation teams under this law, which will be able to take assistance from any investigation agency for the investigation.
The government has decided to provide representation to journalists in the Social Media Protection and Regulatory Authority, but this representation needs to be made effective. According to the amendment bill, fake news can be punished with 3 years of imprisonment and a fine of 2 million rupees or both under the PECA Act.
The definition of illegal content will include content that is anti-Islam, against national security or defense, and fake or false reports. Illegal content will include content against constitutional institutions, including the judiciary or the armed forces. The definition of illegal content will also include public order, indecency, contempt of court, immoral content, and illegal content will also include incitement to commit a crime.
Ministers have admitted to the haste in enacting the PECA Act and have offered talks, however, the government has not started a dialogue with journalist organizations, due to which the agitation is ongoing. Senator Irfan Siddiqui has also admitted that the government has been hasty in enacting the PECA legislation and has not consulted stakeholders.
Federal Information Minister Atta Tarar says that there is always room for improvement in the laws, the rules of the PECA Act are yet to be made, there is a lot of room for consultation and discussion in this. He is ready to discuss the controversial provisions of the PECA Act. Nominations will be made from the private sector in the Social Media Protection Authority, journalists associated with press clubs or journalistic organizations will be included in the authority.
It takes time to adapt the law to the circumstances to protect the victims, but the lawmakers have made a conscious effort to put an iron hand on the roles of social media and also to single out the electronic media. The concerns expressed by journalistic organizations are largely based on facts.
Under the guise of this law, the lives of people associated with electronic media can be made miserable. Effective representation of journalistic organizations is necessary to interpret fake news and take any decision in this regard. The accusation under the PECA Act should be declared bailable. The right to appeal in the High Court should also be given to challenge the decision of the tribunal.
Dear readers! There is no doubt that social media needs to be regulated and checks and balances are essential. Most of us are social media users, every day we observe or come across content that is in no way in line with our religious, social and moral values, the content presented by vloggers/social media influencers is as morally tainted as if a match were given to a monkey, it could set the entire forest on fire.
The other aspect is that those who provide good content, i.e. quality content, are like salt in flour because whether it is mainstream media or social media platforms, negative content or fake news is spread within minutes (which is also due to amateur users/audiences). That is, their situation is like the newspapers of the past, which used to sell out as soon as they saw it because the news contained in them was banned from sensationalism, propaganda and lies, that is, it was a prominent example of “Yellow Journalism” in that era.
The same situation exists in the form of social media in the modern era, but when the situation takes a serious turn, steps are taken within the scope of the constitution to correct and reform it. Making the lives of citizens miserable by violating the constitution and creating chaos and crisis through the unrestrained use of power and authority is a violation of human rights. The PECA Act Amendment Bill 2015 is also a link in the same chain under which the recent amendments are a blatant violation of Article 19 of the Constitution and a violation of basic human and civil rights.
It is imperative to address the concerns of all stakeholders. Freedom of expression is not just a problem for journalists, but it is a democratic, civil and basic human right for everyone to speak, speak and give their opinion, and the media becomes the voice of everyone. Journalist organizations, human rights organizations, lawyers’ organizations, organizations protecting digital media rights, all stakeholders are unanimous and, calling the PECA Amendment Bill a “black law”, are demanding that everyone be taken into confidence and the concerns contained in it be removed because the current situation is apparently a case of imposing restrictions on people and suppressing their voices and using this law for special purposes and political interests, as well as a blatant violation of Article 19 of the Constitution.
Journalist organizations are protesting because there is a fear that this law can be misused and under its guise, concerned individuals, intellectuals, and writers will be subjected to state coercion. That is, if the current situation is not already favorable for those with thoughts and ideas, then there will be a complete ban on the implementation of this law.
If such a situation occurs, journalists and writers will only be able to tell the weather. Because the chaos that is currently going on is likely to create a crisis situation.
To combat fake news and yellow journalism, it is the need of the hour for the country’s only (functional) media regulatory authority, PEMRA, to organize workshops on PEMRA laws for media workers and train them on modern lines.
The country’s largest journalistic organization, affiliated to the International Federation of Journalists, PFUJ, must also take the lead in this regard by organizing various training sessions for media workers, especially reporters, keeping in mind the international standards of journalism. PFUJ, in collaboration with government representatives, the media regulatory authority, and media workers, must formulate and implement a unified “journalistic code of ethics” in accordance with the requirements of the modern era.
The process of scrutiny on merit in the press club administration, press clubs and other lists of journalists through the judiciary should be completed as soon as possible so that responsible, professional, and agenda-free journalism can be promoted and the sanctity of the journalism sector can be restored.
Written by: Ghulam Fatima Awan
