On January 23, the National Assembly approved the Prevention of Electronic Crimes Act (PECA) 2025, sparking ongoing protests by journalist organizations and opposition parties. While critics call it a “black law” and an attack on freedom of expression and media, the government maintains it is necessary to regulate social media influencers and YouTubers.
Key Features of the PECA Amendment Bill
The PECA Amendment Bill outlines the creation of a regulatory authority, tribunal, and investigative agency, while defining procedures to deal with illegal content.
What is Considered Illegal Content?
According to the bill, content will be considered illegal if:
- It goes against the ideology of Pakistan
- It incites people to take the law into their own hands
- It promotes fear or hatred against individuals, groups, or institutions
- It encourages damage to government or private properties
- It disrupts lawful trade or civil order
- It includes hateful, insulting, sectarian, or obscene content
- It casts doubt on members of Parliament, the judiciary, armed forces
- It encourages violence against state institutions or promotes terrorism
- It includes content deleted by the Chairman Senate, Speaker National Assembly, or Provincial Assemblies
- It broadcasts statements from banned organizations
Punishment for Spreading Illegal Content
Anyone who intentionally spreads false or fake information, incites fear and panic, or creates chaos and disorder may face:
- Imprisonment up to 3 years
- A fine of up to 2 million rupees
- Or both
Social Media Protection and Regulatory Authority
The bill establishes a Social Media Protection and Regulatory Authority headquartered in Islamabad, with offices in provincial capitals.
Powers and Responsibilities:
- Ensure online safety
- Regulate illegal and offensive content
- Register, suspend, or deregister social media platforms
- Temporarily or permanently block non-compliant platforms
- Prescribe content standards
- Take action on applications under the bill
- Impose fines
- Block illegal content for 30 days, extendable by another 30 days
- Collaborate with international agencies
- Support and facilitate social media platforms
Complaint Filing Timeline:
An affected person must file a complaint about false or misleading content within 24 hours.
Composition of the Authority
The authority will comprise:
- Chairman and 8 members
- Home Secretary, Chairman PEMRA, and Chairman PTAX (official members)
- 5 members and Chairman appointed by the federal government
- Members include journalists, software engineers, advocates, IT entrepreneurs with 10 years of experience
- No extensions after the 5-year term
- Annual report presented to Parliament
- The federal government may issue policy directions
Legal Exemption:
No legal action can be taken against the authority or officials for acts done in good faith.
Social Media Complaints Council
A Social Media Complaints Council will also be formed to handle complaints from the public and organizations.
- Composed of a Chairman and 4 members
- Appointed for 3 years, extendable by another 3 years
- Members must have a Bachelor’s degree and 15 years of experience in IT, law, or social media policy
Social Media Protection Tribunal
A Social Media Protection Tribunal will be created where individuals can appeal decisions by the regulatory authority.
- Appeals against the tribunal’s decision can be made to the Supreme Court within 60 days
- The tribunal must decide cases within 90 days
- Composed of:
- A Chairman (a former or eligible High Court judge)
- A press club member with a journalism degree and 12 years of experience
- A software engineer and social media expert
- Members appointed for 3 years
National Cybercrime Investigation Agency
A new National Cybercrime Investigation Agency will replace the Cybercrime Wing of the FIA.
- It will handle investigations and prosecutions under the bill
- All assets, personnel, and cases will be transferred from FIA
- The federal government may form Joint Investigation Teams using help from other agencies
