The Islamabad High Court (IHC) on Monday observed that the recently passed amendment to the Prevention of Electronic Crimes Act (PECA), 2016, is a piece of legislation and cannot be suspended through an injunction. The court adjourned further proceedings on petitions challenging the law until March 6.
The petitions were filed by journalistic bodies, including the Pakistan Federal Union of Journalists (PFUJ) and the Islamabad High Court Journalists Association (IHCJA). They jointly approached the court to contest the controversial changes introduced through the 2025 amendment.
During the hearing, Mian Samiuddin, counsel for the IHCJA, argued that the amendment transfers powers to the executive that should properly rest with the judiciary. He suggested that any judicial tribunal under the law should be appointed in consultation with the Chief Justice of Pakistan.
Samiuddin also highlighted concerns over Section 2C, which relates to the prohibition of fake or false social media content. Justice Inam Ameen Minhas questioned who would determine the authenticity of information and how complaints would be processed. Samiuddin warned that the law allows third parties, not just affected individuals, to file complaints, creating potential for misuse. He also emphasized that not all false information causes harm, and the law must distinguish between harmless errors and damaging content.
The PECA (Amendment) Act 2025, passed last year, expands government powers over digital content and online platforms. The amendments include the creation of a Digital Rights Protection Authority (DRPA), which can remove online material, restrict access to prohibited content, and impose penalties on offenders.
The law also broadens the definition of “social media platforms” to cover tools and software used to access them. It replaces the FIA Cybercrime Wing with a stricter enforcement mechanism. Under the new provisions, individuals who share expunged material from parliamentary or provincial assemblies could face up to three years in prison and fines up to Rs2 million.
