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The Islamabad High Court (IHC) building in Islamabad. — APP/File
#Peca #riddled #errors #contradictions #lawyer #informs #IHC
ISLAMABAD: Islamabad High Court (IHC) was told on Tuesday that there are errors in the Electronic Crime Prevention (Amendment) Act (PECA), 2025, which includes incorrect section numbers and contradictory definitions. –
The development came during the hearing of the petition filed by the Pakistan Federal Union of Journalists (PFUJ) and the media professionals.
Justice Anam Amin Minhas presided over the hearing, lawyer Imran Shafik and Islamabad High Court Bar Association (IHCBA) President Rashat Ali Azad presenting their arguments.
During the proceedings, Shafik argued that the PECA law was enforced so quickly that even the number of parts was incorrect. He pointed out that there are so many mistakes in the law that the complainant was praised twice, which contradicts himself.
He further said that the complaint authority, set up under the PECA, is already present under the Pakistan Electronic Media Regulatory Authority (PEMRA) rules.
On his behalf, IHCBA President Azad claimed that the law was a violation of Articles 19 and 19A of the Constitution.
Then Justice Minhas asked: “What do you say? Should you stop the publication of fake news or not? Fake news is really a problem.”
In response, Azad said that journalists are often shown documents that indicate corruption and are asked to inform them.
He emphasized that journalists never disclose their sources, and if the PECA is implemented, journalists will only stop reporting on the weather.
At this point, PFUJ President Afzal Butt said it was not that journalists support fake news.
“We are against unlimited freedom, and we are not against the rules and regulations. However, the rules and regulations should not be violated by constitutional and human rights.”
The petitioner requested the court to suspend the PECA law, while the petitioner’s lawyers repeatedly urged the court to stop its implementation.
The court replied: “If there is a problem, tell us, we are here. If you feel needed, you can file a miscellaneous application.”
The court later said that the date of the next hearing will be issued by the Registrar’s Office. The IHC also issued a notice to the Attorney General for assistance.
Application
The PFUJ filed a petition in the IHC last week against the controversial Act.
PFUJ President Butt filed a lawsuit through Advocate Shafik, calling the legislation an attack on media independence. “The PECA (Amendment) Act is unconstitutional and illegal, therefore, the court should take a judicial review.”
Journalists’ agency said in the petition that the PECA (Amendment) 2025 has increased sanctions on government control and freedom of expression.
It states that the PECA law has also violated Articles 19 and 19 (a) of the Constitution. Therefore, he pleaded, the law should be suspended.
“The PECA (Amendment) gave the government unlimited censorship powers. Without it, making fake news of any action is a violation of unconstitutional and media freedom.
The PFUJ said that the law has violated human rights as well as digital rights in Pakistan.
The petition states: “… a writ can be issued in which it can be announced that the prevention of the Electronic Crime (Amendment) Act, 2025 is unconstitutional, which is a violation of the basic rights of guarantees through the Constitution, Proper action, fair trial, and the concept of regulatory freedom, as well as justice, proportion, rationality, and the ideas of constitutional boundaries or sanctions, so false, and is responsible for eliminating it.
He said it is further prayed that respondents generally, and against the journalist community, and especially until the final request for immediate application, forced options under the Prevention of the Electronic Crime (Amendment) Act, 2025. Can be stopped from working. “
What is the Packa law?
The ruling coalition has already approved the controversial amendments from both the National Assembly and the Senate in a short term in the controversial PECA law, in which opposition parties, journalists and media agencies decide its provisions with lack of consultation. What too
The law, which has now come after President Asif Ali Zardari’s approval, providing new definitions, establishing regulatory and investigative agencies, and a severe fine for spreading “false” information.
The new amendment reduced the punishment for spreading “fake information” online for three years, while the offender may also be fined up to Rs 2 million.
The new amendments have also proposed the establishment of the Social Media Protection and Regulatory Authority (SMPRA), the National Cyber Crime Investigation Agency (NCCIA) and the establishment of a social media protection tribunal.
In addition, it states that anyone can approach the authority to remove or withhibit access to such information, and the authority will issue an order after 24 hours on request.
The latest changes also say that the authority may need any social media platform to pay for the form and such fees in any way, in any way, in any way, in any way.
In addition, a new amendment also proposed a social media complaint council’s constitution to obtain and act complaints made by the parties against any violation of cybercrime law. –
It also proposed the establishment of a social media protection tribunals, which will resolve the cases within 90 days, which will allow the Supreme Court to be allowed within 60 days.
