IHC Seeks Attorney General’s Assistance on Petition Challenging Peca Amendments

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On February 11, the Islamabad High Court (IHC) heard a petition challenging the Prevention of Electronic Crimes (Amendment) Act (Peca), 2025, and sought the assistance of the Attorney General for Pakistan (AGP). 

On February 6, PFUJ President Afzal Butt, through Advocate Imran Shafique, filed a petition before the IHC arguing that the amendment law infringes on press freedom, freedom of expression, and due process and urged the court to declare it “unconstitutional and void” as well sought an “immediate injunction” to stop enforcement of the amendment, particularly against journalists. 

During the petition proceedings, lawyer Imran Shafique and Islamabad High Court Bar Association (IHCBA) President Riyasat Ali Azad pointed out multiple errors in the law’s drafting. Shafique highlighted that Peca was passed hastily, with errors in legal drafting, such as duplicated and contradictory sections.  He pointed out that the new complaint authority under Peca was already established under the Pakistan Electronic Media Regulatory Authority (Pemra) laws.

 “There are so many mistakes in the law that two definitions of ‘petitioner’ have been given,” Advocate Shafique said, adding that both were contradictory.

Azad argued that the law violated Articles 19 and 19A of the Constitution, which guarantee freedom of speech and access to information.

“If Peca is enforced, journalists will have nothing left to report except the weather,” he remarked.

Presiding over the hearing, Justice Inaam Amin Minhas questioned the regulation of fake news. “What do you say? Should the publication of fake news be stopped or not? Fake news is indeed a problem,” he noted.

Pakistan Federal Union of Journalists (PFUJ) President Afzal Butt responded that while journalists oppose misinformation, regulation should not infringe on fundamental rights. “We are against unrestricted freedom, and we are also not opposed to rules and regulations. However, rules and regulations should not contradict constitutional and human rights,” he said.

The petitioners urged the court to suspend the law, while their counsel repeatedly requested a stay order on its implementation. Justice Minhas suggested filing a separate application for the request. “If there is any issue, then let us know. We are present here,” the judge said.

The judge issued a notice to the Attorney General for Pakistan (AGP), Mansoor Usman Awan, for assistance in the case. The court later adjourned the hearing indefinitely.