PECA Amendment 2025 Challenged in Supreme Court, High Courts

Facebook
Twitter

The Prevention of Electronic Crimes (Amendment) Act, 2025 (PECA) is facing multiple legal challenges, with petitions filed in the Supreme Court, Islamabad High Court (IHC), Sindh High Court (SHC), and Lahore High Court (LHC).

On February 4, a petition was filed by citizen Muhammad Qayum Khan in the Supreme Court seeking the court to “immediately strike down” the amendment Act. The petitioner sought the declaring of the amendments as “ultra vires to the Constitutional power of the legislature.” The petitioner termed the amendments to be “extremely repugnant against the human rights, fundamental rights and rights of freedom of expression, speech.”

The petitioner called for a full court bench review of both the recent changes and the original PECA law in light of fundamental rights.

In the Islamabad High Court (IHC), the Pakistan Federal Union of Journalists (PFUJ) and the Anchors Association have separately challenged PECA 2025.

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. The petition highlights concerns over the vague definitions of “social media platforms” and regulations on unlawful and offensive content, considered “subjective and open to misuse.” The petition emphasized the “extensive powers” given to the regulatory authority and the establishment of a council and tribunal. They criticized it for “lacking independence and impartiality.”

Separately, senior journalists Hamid Mir, Nasim Zahra, Adnan Haider, and Ameer Abbas moved the IHC against PECA 2025 through Advocate Riasat Ali Azad.

The Karachi Union of Journalists (KUJ) President Fahim Siddiqui and another individual petitioned the SHC against the amendment, arguing that the amendments violated Article 19 of the Constitution. Urging the SHC to strike down the PECA amendment, the law ministry, information secretary, and telecom secretary were stated as respondents.

On January 31, the Lahore High Court (LHC) rejected a request for the immediate suspension of the implementation of the PECA and issued notices to the concerned parties and requesting their response within three weeks. The court said that they would make a decision after hearing the arguments of all parties.