PECA (Amendment Act) 2025 empowered authorities to remove and block content from social media platforms
ISLAMABAD:
The capital’s High Court has asked who should decide which report falls under the category of fake news during the hearing of various petitions filed against controversial amendments to the country’s Prevention of Electronic Crimes Act (PECA), 2016.
Islamabad High Court (IHC) Justice Inaam Ameen Minhas on Monday resumed the hearing of petitions filed against PECA by various organisations, including Pakistan Federal Union of Journalists (PFUJ) and Islamabad High Court Journalists Association.
Islamabad High Court Journalists Association lawyer Mian Samiuddin read out the provisions added after the amendments to PECA and argued that powers that should have been vested in the judiciary had been transferred to the executive under the Act.
He argued that a judiciary should be created with appointments made in consultation with the relevant provincial chief justice or IHC. Referring to Section 2© of PECA’s amended law, he said it deals with restrictions on fake and bogus social media.
Justice Minhas asked who would decide whether the information was fake or false. He sought clarification on how fake news would be identified and how the trial would be initiated.
In response, Mian Samiuddin argued that the amendments introduce a new mechanism that allows not only an aggrieved person but also a third party to file a complaint.
This, he warned, would allow agents to file complaints, leading to abuse of the law. He added that it was important to assess what actual harm was caused by false information, noting that misinformation could also be a genuine error that did not cause harm.
Noting that the case involved legislation that could not be suspended through an interim order, Justice Minhas said the court would decide the case after hearing it in full. The hearing was adjourned until March 6.
In January last year, the PML-N led the federal government to bulldoze through parliament a set of amendments to PECA amid protests from the opposition and journalists.
The PECA (Amendment) Act of 2025 empowered authorities to remove and block content from social media platforms and paved the way for the formation of a Social Media Complaints Board.
Various organizations moved the courts against the amended Act, arguing that Section 2®, Sub-section 1(H) of the amended Act does not contain the words “false” or “false”. They stated that the amendment violates Articles 8, 9, 10-A, 18, 19 and 19-A of the Constitution while also being contrary to Islamic laws.
According to the amended law, journalists must disclose their sources, which is unacceptable. The change could be used to gain access to journalists’ sources, potentially putting them at risk. The PECA Amendment Act is a direct attack on freedom of speech and freedom of the press, they argued.
