- Judge Inaam Amin Minhas Heads Audience.
- The petitioners cite the legal inconsistencies of Peca.
- The lawyer says that the law violates constitutional provisions.
Islamabad: The High Court of Islamabad (IHC) was informed Tuesday that journalists would only be able to report the weather if the law on the prevention of electronic crimes (amendment) (PECA), 2025, was applied.
Development occurred during the hearing of the petition tabled by Pakistan Federal Union of Journalists (PFUJ) and media professionals against the newly created law.
Judge Inaam Amin Minhas presided over the hearing, with lawyer Imran Shafie and the president of the Association of the High Court of Islamabad (IHCBA), Riyasat Ali Azad, presenting their arguments.
During the procedure, Shafic argued that the PECA law had been promulgated in such a hurry that even the numbering of the sections was incorrect. He stressed that the law contained so many errors that the definition of the complainant had been given twice, contradicting himself.
He added that the complaint authority established under PECA already existed under the Pakistan Electronic Media Regulatory Authority (PEMRA) laws.
For his part, the president of the IHCBA, Azad, argued that the law violated articles 19 and 19A of the Constitution.
Judge Minhas then asked: “What do you say? Should the publication of false news be arrested or not? The false news is indeed a problem.”
In response, Azad said journalists are often shown documents indicating corruption and are invited to report them.
He stressed that journalists never reveal their sources, and if the PECA is applied, journalists will only be left on the weather.
At this stage, the president of the PFUJ, Afzal Butt, said that it is not that journalists support the false news.
“We are against freedom without restriction, and we are also not opposed to the rules and regulations. However, the rules and regulations should not contradict constitutional and human rights.”
The petitioner asked the court to suspend the PECA law, while the applicant’s lawyers have repeatedly exhorted the court to arrest its implementation.
The court replied by saying, “If there is a problem, let us know, we are here. If you feel the need, you can submit a various request.”
The court later declared that the next hearing date would be issued by the registrar’s office. The IHC also published an opinion to the Attorney General to obtain help.
Petition
The PFUJ filed a petition in the IHC against controversial law last week.
The president of the PFUJ Butt filed the case through the Shafic lawyer, qualifying the legislation an attack on media freedom. “The PECA law (amendment) is unconstitutional and illegal, therefore, the court should carry out a judicial examination on this subject,” said the advocacy.
The organization of journalists, in the petition, said that PECA (amendment) 2025 has increased government control and restrictions on freedom of expression.
He indicated that the PECA law had also violated articles 19 and 19 (a) of the Constitution. Therefore, he pleaded, the law should be suspended.
“PECA (amendment) gave the government unlimited powers of censorship. Criminalizing the false news without regular procedure is unconstitutional and a violation of media freedom, “he argued.
The PFUJ said that the law focuses on international human rights as well as digital rights in Pakistan.
The petition said: “… a brief can be issued by declaring that the 2025 law on the prevention of electronic crimes (amendment) is unconstitutional, violating the fundamental rights guaranteed by the Constitution, the regular procedure, the fair trial and the concept of Regulatory independence, as well as doctrines of equity, proportionality, reasonable character and constitutional limitations or restrictions, therefore empty and likely to be struck.
“He is also prayed for the respondents to be retained and prevented from using coercive powers under the 2025 law of prevention of electronic crimes (amendment), in general, and against the community of journalists, in particular until The final provision of the instant petition. “”
What is the PECA law?
The power coalition adopted the controversial amendments of the National Assembly and the Senate to an already controversial law of PECA in the short period, with the opposition parties, journalists and the media describing the lack of consultations as well as its provisions.
The law, which has now entered into force of the assent of President Asifi Ali Zardari, provisions of new definitions, the creation of regulatory and investigation organizations, and more strict sanctions to disseminate ” fake news.
The new amendments lowered the punishment for spreading the online “false information” at three years, while the offender could also face a fine of up to Rs2 million.
The new amendments also proposed the creation of the Social Media Protection and Regulatory Authority (SMPRA), the National Cyber Crime Investigation Agency (NCCIA) and the Social Media Protection Court.
Furthermore, he said, that anyone “injured by the false and false information” can approach authority for the withdrawal or blocking of access to this information and that the authority issued orders at most late 24 hours on demand.
The new changes have also said that the authority could demand that any social media platform is enlisted in any way, the form and the payment of costs that may be prescribed.
In addition, the new amendments also proposed the constitution of a council for social media complaints to receive and treat the complaints filed by the injured parties against the violation of any provision of the Cybercrime Act.
He also proposed the creation of social media protection courts that will resolve business within 90 days, with authorized calls for the Supreme Court within 60 days.