PPF rejects amendments to PECA, 2016; terms them a move that will stifle free speech in Pakistan

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Pakistan Press Foundation (PPF) has rejected the recent amendments to the Pakistan Electronic Crimes Act, 2016 by the federal government that are a move to stifle free speech in Pakistan. These amendments to the law are likely to have a chilling effect on free expression in Pakistan and result in censorship across the media. In a country filled with red lines of content considered acceptable and unacceptable, this step is a huge blow to freedom of expression and is likely to result in an even more controlled, censored and repressed media.

It is an alarming development taken by the federal government and adds to the growing list of laws and rules that exist in Pakistan censoring free speech. We are also alarmed by the government’s decision to make this amendment via a presidential ordinance without any democratic debate on the changes. This move reflects the government’s stance to control free speech rather than developing an enabling environment where the media and citizens are freely able to express themselves, discuss and debate.

To further strengthen the already draconian PECA law and further criminalize criticism of the government is to take away the democratic rights of the people of Pakistan.

On February 20, President Arif Alvi had promulgated an ordinance to amend PECA. This came a day after Information Minister Fawad Chaudhry said that the federal cabinet had granted its approval for this amendment.

According to Dawn, the new amendments have:

  • The jail term for “defaming any person or institution” has been increased from three to five years.

  • Person has been expanded to include “any company, association or body of persons whether incorporated or not, institution, organization, authority or any other body established by the government under any law or otherwise”.

  • Online public defamation is now a “cognisable and non-bailable offense”.

  • They have said that trials should be concluded “expeditiously” and “preferably not later than six months of taking cognizance of the case”.

  • Court shall be required to submit monthly reports of any pending trials.

The amendment has been rejected across the board by media bodies.

The Joint Action Committee of media bodies (All Pakistan Newspapers Society, Council of Pakistan Newspaper Editors, PFUJ, Pakistan Broadcasters Association and Association of Electronic Media Editors and News Directors) have rejected the amendments saying they are a “blatant move to stifle media independence, freedom of speech and dissenting voices”.

Pakistan Federal Union of Journalists (PFUJ) President Shahzada Zulfiqar and Secretary General Nasir Zaidi “expressed serious concern” over the approval of the amendment by the federal cabinet.

In a statement, the PFUJ leadership said that in Pakistan courts can use available laws to punish anyone defaming institutions and can prosecute ordinary citizens under the Defamation Act.

“There is no need to amend PECA for enhancing punishment which is a clear case of mala fide, as amendments are designed to shrink the space for freedom of press and expression which have already been compromised in the country.”

According to Geo, the Islamabad High Court on February 23 had prohibited the government from arresting people under Section 20 of the Prevention of Electronic Crimes (Amendment) Act Ordinance 2022. We welcome this decision by the court and urge the government to reconsider its latest move to restrict press freedom in Pakistan.

Ends/ PPF