ISLAMABAD: The government is considering amendments to the Prevention of Electronic Crimes Act (Peca) 2016, aiming to bolster cybercrime regulations and expand its ability to control social media content, particularly when it involves defamation of state institutions. However, critics warn that the proposed changes could curb freedom of expression and impose undue restrictions on digital platforms.
As per media reports the intention to revise Peca was disclosed by Sajid Mehdi, Parliamentary Secretary of the Cabinet Division, in the National Assembly. Highlighting the inadequacies of current measures, Mehdi admitted that the Pakistan Telecommunication Authority (PTA) lacks the capacity to combat cybercrimes effectively.
“We’ve blocked VPNs and even platforms like X (Twitter), but the challenges are far deeper. A task force has been formed to address the weaknesses in Peca 2016,” Mehdi stated while responding to concerns about fake news on social media. He emphasized the need for amendments to ensure swift justice and address the law’s loopholes.
Minister of State for IT and Telecom, Shaza Fatima, echoed these sentiments, emphasizing the importance of speedy trials for violators of cybercrime laws.
Focus on State Defamation
A key motivation for the amendments, according to an interior ministry official, is to address the absence of penalties for online defamation of state institutions. Currently, Peca’s Section 37 empowers authorities to block or remove online content deemed against the glory of Islam, public order, or state integrity. However, the law lacks specific provisions for penalizing defamation targeting government entities.
“The prime minister has instructed that clauses be inserted to punish online defamation of state institutions, which has been a glaring omission in the current framework,” the official revealed.
Legal Tribunals in Limbo
Efforts to expedite cybercrime cases through a dedicated tribunal remain stalled. Despite publishing a notification in September 2024 to establish the Telecommunication Appellate Tribunal, the law ministry has yet to formalize its creation. This delay reflects a recurring pattern, as earlier attempts to establish such tribunals under the PTI government also lapsed due to parliamentary inaction.
A Step Towards Self-Censorship?
Digital rights advocates argue that Peca 2016 already imposes significant restrictions on free expression. “The law has allowed the government to enforce self-censorship on both content creators and mainstream media,” said Haroon Baloch of Bytes for All, an Islamabad-based ICT think tank.
This sentiment was reinforced by recent FIA actions targeting journalists and social media activists under cybercrime laws, raising fears of escalating suppression of dissent.
Senior journalist Nasir Zaidi of the Pakistan Federal Union of Journalists acknowledged the dangers of fake news but cautioned against heavy-handed approaches. “You cannot counter misinformation with force. A transparent and consultative approach is needed for effective internet governance,” he argued.
Confusion in Cyber Governance
The government’s approach to cyber governance has been criticized as inconsistent. A recent decision to dismantle a dedicated cybercrime body within seven months of its establishment left the FIA’s cybercrime wing temporarily inoperative. These erratic measures, experts warn, undermine the credibility and effectiveness of the country’s cybercrime framework.
As debates over the amendments intensify, concerns grow about their potential to stifle online freedoms and restrict the public’s right to information. For now, the future of digital expression in Pakistan hangs in the balance, awaiting clarity on the government’s next steps.
