Pakistan’s Controversial PECA Amendment: A Blow to Digital Freedom and Media Independence
The Pakistani government’s recent passage of the Pakistan Electronic Crimes Amendment Bill, 2025 (PECA), has sparked widespread condemnation from media organizations, human rights groups, and civil society. The amendment, rushed through the National Assembly and Senate Standing Committee with alarming speed and a complete lack of stakeholder consultation, raises serious concerns about its potential to stifle dissent, curtail freedom of expression, and further erode media independence in the country. Critics argue that the vague and overly broad language of the amendment, particularly regarding "fake news," opens the door to selective enforcement and the targeting of journalists, activists, and political opponents.
Central to the controversy is Section 26A, which criminalizes the dissemination of "false or fake information" that could cause "fear, panic, or disorder." The ambiguity surrounding the definition of "fake news" and the determination of intent leaves this provision ripe for abuse. Journalists expressing critical views or reporting on sensitive issues could be easily targeted under this provision, with the government arbitrarily deciding what constitutes "false" information. This not only undermines the media’s crucial role in holding power to account but also creates a chilling effect on free speech and open dialogue.
Further fueling concerns is the amendment’s establishment of the Social Media Protection and Regulatory Authority and its relationship with the federal government. While ostensibly intended to regulate online content, the authority’s vulnerability to government directives raises fears of censorship and manipulation. The amendment grants the federal government final say on matters of policy, effectively allowing it to control the authority’s decisions and potentially use it to suppress dissenting voices online. This level of government control over a regulatory body tasked with overseeing online spaces sets a dangerous precedent for online freedom and democratic discourse.
Adding to the apprehension is the revival of the National Cyber Crime Investigation Agency (NCCIA) and the extensive powers granted to its director general. The NCCIA, previously disbanded after facing criticism, is now resurrected under the PECA amendment with its director general wielding powers equivalent to an inspector general of police. This concentration of power, coupled with the lack of clarity surrounding the agency’s mandate and oversight mechanisms, raises serious questions about its potential for overreach and abuse. The opaque nature of the NCCIA’s operations further contributes to the anxieties surrounding the amendment’s impact on digital rights.
The government’s disregard for stakeholder input is a recurring theme throughout this process. Media bodies, including the Pakistan Federal Union of Journalists (PFUJ), the All Pakistan Newspapers Society (APNS), and the Council of Pakistan Newspaper Editors (CPNE), have vehemently denounced the lack of consultation. They argue that their exclusion from the drafting and discussion of the amendment demonstrates a blatant disregard for media freedom and the principles of democratic governance. The government’s failure to engage with key stakeholders undermines the legitimacy of the amendment and reinforces the perception that it is designed to suppress dissent rather than protect the public interest.
International human rights organizations have also voiced grave concerns about the PECA amendment. Amnesty International has warned that the amendment will further tighten the government’s control over Pakistan’s already heavily restricted digital landscape. The Human Rights Commission of Pakistan (HRCP) has expressed deep concern about the potential for the amendment to be used to target political opponents, human rights defenders, and journalists. These international criticisms underscore the severity of the situation and the potential for the amendment to have far-reaching implications for human rights and fundamental freedoms in Pakistan.
The government’s defense of the amendment, claiming it is necessary to combat disinformation and online harms, rings hollow in the face of its opaque processes and disregard for stakeholder input. The lack of clarity surrounding key provisions, coupled with the broad powers granted to newly established bodies, creates an environment ripe for misuse and abuse. The PECA amendment, far from protecting the public interest, poses a serious threat to freedom of expression, media independence, and democratic values in Pakistan. The international community must hold the Pakistani government accountable for upholding its human rights obligations and ensuring a free and open digital space.
