By Staff Reporter
ISLAMABAD: Pakistan’s National Assembly on Thursday swiftly passed controversial amendments to the Prevention of Electronic Crimes Act (Peca) in a move that has raised alarms about freedom of speech and media rights in a country with a history of censorship.
The legislation was pushed through by suspending standard procedures, with the bill being introduced just a day prior. It is set to be tabled in the Senate on Friday, where it is anticipated to pass with relative ease.
During the session, the Pakistan Tehreek-e-Insaf-led opposition walked out, protesting the recent imprisonment of their party founder, Imran Khan. Journalists also staged a walkout, leaving the media gallery vacant in opposition to the bill.
Peca, first enacted in 2016, has been criticized by human rights groups for its vague language, which they argue could be used to stifle dissent. The latest amendments, introduced with unusual speed, aim to tighten control over digital content, especially on social media platforms.
The new amendments grant the government extensive powers over social media, including stiff penalties for spreading fake news – up to three years in prison or fines up to Rs2 million. They also outlaw the sharing of statements from proscribed organizations and allow for immediate blocking of “unlawful and offensive” content.
Social media platforms must now register with the newly established Social Media Protection and Regulatory Authority, facing potential bans for non-compliance.
The government said at the time that restrictions under the new law were needed to ensure security against growing threats, such as terrorism, and to crack down on unauthorized access, electronic fraud, and online harassment. However, journalists and rights activists complain that the law has been largely used to go after journalists, bloggers, and other people critical of the government and state institutions like the military.
The law also makes spreading disinformation a criminal offense punishable by three years in prison and a fine of two million rupees.
“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 the general public or society shall be punished with imprisonment which may extend up to three years or with a fine which may extend to Rs2 million or with both,” a copy of the bill says.
The new bill outlines that the Social Media Protection and Regulatory Authority would have the power to issue directions to a social media platform for the removal or blocking of online content if it was against the ideology of Pakistan, incited the public to violate the law or take the law into their own hands with a view to coerce, intimidate, or terrorize the public, individuals, groups, communities, government officials, and institutions, incited the public to cause damage to governmental or private property, or coerced or intimidated the public and thereby prevented them from carrying on their lawful trade and disrupted civic life.
The authority will also crack down on anyone inciting hatred and contempt on a religious, sectarian, or ethnic basis, as well as against obscene or pornographic content and deep fakes.
Rights activists say the new bill is part of a widespread digital crackdown that includes a ban on X since February last year, restrictions on VPN use, and the implementation of a national firewall. The government says the measures are not aimed at censorship.
On the same day, the Assembly also passed the Digital Nation Pakistan Bill, aimed at digital empowerment through the creation of the National Digital Commission, Strategic Oversight Committee, and Pakistan Digital Authority.
Information Minister Attaullah Tarar attempted to calm fears, stating, “For electronic and print media, there are already systems in place through Pemra’s council of complaints.” He claimed the amendments would not affect traditional media but are aimed at regulating digital platforms. “This is not a draconian law. You cannot post anything on digital media without consequences.”
“The bill will not harm but protect working journalists,” Information Minister Ataullah Tarar told reporters after the passage of the bill. “This is the first time the government has defined what social media is.”
He said “working journalists” should not feel threatened by the bill, which had to be passed because the Federal Investigation Agency, previously responsible for handling cybercrime, “does not have the capacity to handle child pornography or AI deep fake cases.”
Tarar said the government was also aiming to bring social media journalists, including those operating YouTube accounts, under the tax framework.
However, opposition leader Omar Ayub Khan labeled the amendments as draconian, warning that they could “lay a foundation for the suppression of voices advocating for constitutional rights.” He vowed to challenge what he described as an “unconstitutional act” in parliament.
The bill is expected to move to the Senate on Friday, where it is likely to pass, given the government’s parliamentary majority. President Asif Ali Zardari has called for a joint session of parliament to address pending legislation, including this contentious bill.
Analysts said the new law has granted sweeping powers to regulators to block private information they deem illegal. The law provides for up to seven years in prison for “recruiting, funding, and planning of terrorism” online. It also allows “authorized officers” to require anyone to unlock any computer, mobile phone, or other device during an investigation.
Copyright © 2021 Independent Pakistan | All rights reserved
