Amendments to Peca 2016 aim to close legal gaps, empower the FIA, and tackle misinformation while raising concerns over free expression.
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| Pakistan plans to amend its cybercrime law, Peca 2016, to address online defamation of state institutions and regulate social media content. Symbolic image |
Islamabad, Pakistan - December 15, 2024:
The Pakistani government is considering significant amendments to the Prevention of Electronic Crimes Act (Peca) 2016 to tackle emerging cybercrime challenges and regulate social media content more effectively. The proposed changes aim to address legal gaps, particularly in cases involving the defamation of state institutions, and ensure swift justice.
The move was disclosed by Sajid Mehdi, Parliamentary Secretary of the Cabinet Division, during a National Assembly session. Mehdi highlighted that the Pakistan Telecommunication Authority (PTA) lacks adequate capacity to handle cybercrimes effectively. He added that the Prime Minister has formed a task force to evaluate shortcomings in Peca 2016.
“We have tried to block VPNs and platforms like X (formerly Twitter), but the matter is more serious,” Mehdi said, pointing to the need for updated legislation to counter issues like fake news and misinformation on social media.
Minister of State for IT and Telecom Shaza Fatima echoed the need for expedited trials under cybercrime laws. However, the establishment of a dedicated tribunal for such cases remains stalled. Although the Telecom Appellate Tribunal was proposed in March 2020 and formalized in December 2023, it has yet to be operationalized due to delays by the Law Ministry.
Officials argue that the absence of penalties for online defamation against state institutions is a major gap in the current law. Section 37 of Peca grants authorities the power to block or remove content deemed harmful to Pakistan’s security, public order, or morality, but it does not explicitly address state defamation.
“While blasphemy laws are invoked for content offensive to the glory of Islam, there is no punishment for online defamation of state institutions. The prime minister has directed the insertion of relevant clauses to address this issue,” an interior ministry official told Dawn.
The government’s approach to combat cybercrimes has faced criticism for inconsistency. A decision earlier this year to establish a new cybercrime body led to the suspension of the Federal Investigation Agency’s (FIA) cybercrime wing. Last week, the new body was disbanded, and the FIA’s powers were restored.
Civil society organizations and journalists have raised concerns about the potential misuse of Peca to suppress dissent. Haroon Baloch of Bytes for All, an Islamabad-based think tank, criticized the lack of transparency in internet governance and the government’s tendency to impose “self-censorship.”
Nasir Zaidi, a senior member of the Pakistan Federal Union of Journalists, acknowledged the dangers of fake news but argued that it cannot be countered through force. “A balanced approach that respects freedom of expression while addressing misinformation is essential,” he said.
As Pakistan moves to tighten its cybercrime laws, the balance between regulation and fundamental rights remains a contentious issue. Observers warn that while stricter laws may curb certain cybercrimes, they could also stifle legitimate dissent and expression, complicating the broader goal of fostering a secure and open digital environment.