The Pakistani government recently passed new amendments to the Prevention of Electronic Crimes Act (PECA). While these amendments have reduced the jail term for intentionally spreading fake news online from seven years to three, they also include several concerning new provisions. The amendments require the federal government to establish four bodies to combat fake news online: the Social Media Protection and Regulatory Authority, the National Cybercrime Investigation Authority, the Social Media Complaint Council, and the Social Media Protection Tribunal(s). Appeals from these tribunals will go directly to the Supreme Court, effectively bypassing the high courts, which has raised concerns among observers.
In addition to the three-year jail term, the amendments also stipulate that a person found spreading fake news online would be fined 2 million rupees.
PECA was first enacted by the National Assembly of Pakistan on August 11, 2016, during the tenure of the Pakistan Muslim League-Nawaz (PML-N) government. This law was made to create a legal framework for addressing electronic crimes. However, it was widely perceived, even at that time, as a tool for suppressing free speech.
More than 200 incidents of journalists and media persons being investigated have been recorded since PECA became law in 2016.
The update to PECA has only raised further concerns. The new amendments specify that members of the proposed bodies will be appointed by the federal government, which has raised concerns that it will grant them absolute authority over all social media matters, potentially allowing the authorities to suppress free speech under the pretext of combating fake news.
In a statement, the Human Rights Commission of Pakistan (HRCP) warned that the bill could target journalists, as well as political and social activists, especially “[g]iven the state’s poor record on protecting freedom of digital expression.” The commission criticized the legislation for imposing unnecessary restrictions on fundamental human rights, particularly regarding provisions related to fake or false news. The HRCP called the three-year jail term “excessive” and expressed concern over the establishment of four new regulatory authorities to oversee digital content.
Prior to the bill’s approval, several media organizations urged parliament not to pass the amendments. For example, the Joint Action Committee of media organizations, which includes the Pakistan Broadcasters Association (PBA), the All Pakistan Newspapers Society (APNS), the Council of Pakistan Newspaper Editors (CPNE), the All Electronic Media Association of North District (AEMEND), and the Pakistan Federal Union of Journalists (PFUJ), sent a letter to the chairman of the Senate Standing Committee on the Interior. In this letter, they expressed their concerns regarding the PECA bill.
Despite these objections raised by journalists and civil rights activists, the bill was approved by both houses of parliament and subsequently signed by President Asif Ali Zardari. Ironically, Zardari belongs to the Pakistan People’s Party (PPP), a party known for its advocacy of democracy and the rights of the people.
Jibran Khalil*, a 34-year-old social media influencer, expressed his dismay over the revised law. “I am unable to accept the news… This is horrifying beyond imagination,” he told The Diplomat. “Now, anyone could become a victim of state repression under the so-called fake news narrative.”
“Such laws are created solely to suppress dissent and silence opposing voices,” Khalil concluded.
Protests and Condemnations
Protests erupted against the new amendments, accompanied by a wave of condemnations, shortly after they were passed in the National Assembly. Journalists and media workers across Pakistan, led by the Pakistan Federal Union of Journalists (PFUJ), staged the first wave of protests and rallies on January 28 against the controversial amendments.
PFUJ President Afzal Butt labeled the PECA Amendment Bill a “black law” and said, “We reject this law outright. Journalists and media workers must unite and stand against this injustice by organizing rallies and processions.” The PFUJ has pledged to continue its protests against the controversial amendment bill until it is repealed. On January 31, they observed a black day.
The International Federation of Journalists (IFJ) also joined the protest against this oppressive law. In a press release, it stated: “The International Federation of Journalists (IFJ) joins its affiliate, the Pakistan Federal Union of Journalists (PFUJ), in demanding the immediate repeal of this draconian legislation and urging the government to protect freedom of expression as guaranteed in the country’s constitution.”
A lawyers’ group, the Karachi Bar Association, condemned the amendments, describing them as “regressive.” It said, “The PECA 2025 amendments, designed to stifle independent media and curtail the constitutional rights enshrined in Articles 19 and 19A of the Constitution of Pakistan, 1973, pose a grave threat to the democratic framework of the state.”
Civil rights activists also condemned the amendment bill. Ammar Ali Jan, a prominent civil rights advocate, tweeted: “Another dark moment for Pakistan. The PECA Amendment Bill is the Deep State’s attempt to silence critics by criminalizing dissent. PDM legislators are collaborators who are undermining the decades-long struggle for democracy. Fighting back against this cabal is a moral imperative!”
PDM refers to the Pakistan Democratic Movement, the coalition that banded together to oust former Prime Minister Imran Khan of the Pakistan Tehreek-e-Insaf (PTI) in a no-confidence movement in April 2022. The parties that led the PDM are now in government in Pakistan.
The PTI expressed solidarity with journalists and others concerned about the bill. Lawmaker Asad Qaiser of PTI said, “We are forming a political alliance to challenge this bill. Media and civil society will be key partners in this effort to uphold the rule of law. The only aim of this [PECA] law is to suppress media and social media.”
Other parties and their leaders, including Jamaat-e-Islami and Jamiat Ulema-e-Islam (Fazl), also voiced strong opposition to the new amendments to PECA.
Freedom of Speech Under Threat
The recent amendments to PECA present a significant threat to freedom of speech or expression in Pakistan. In a country already facing restrictions on social media platforms, such as X, as well as traditional news media and frequent internet shutdowns, these new amendments further undermine the right to free speech.
What is particularly concerning is the current government’s attitude toward such matters. It appears to have a vested interest in blocking or suppressing anything it cannot regulate or confront. For instance, the Punjab information minister, Azma Bukhari, suggested that social media should be blocked if it cannot be controlled.
Moreover, Prime Minister Shehbaz Sharif has remained ambiguous about his stance on such issues, fueling suspicions of ulterior motives. For instance, when the PTI government introduced the PECA Ordinance in 2021 – later struck down by the Islamabad High Court in April 2022 for violating fundamental rights – Sharif, then in opposition, vehemently condemned it in a tweet. However, under his own leadership, the same controversial bill has now been passed. Many users on X quote tweeted his earlier statement, calling Sharif out for hypocrisy.
There is some hope, however, that, just as the judiciary challenged the ordinance during the PTI government’s tenure, it will defend the fundamental rights of Pakistanis once again.
Sibghat Ali, a 28-year-old journalist from Abbottabad working with a local newspaper, told The Diplomat, “I hope the bill will be repealed because it violates the constitution and the right to freedom of expression. However, I remain uncertain about whether that will happen, given the strong authoritarian forces at play this time.”
As social media restrictions increase and oppressive laws are enacted, there is a growing belief that Pakistan no longer qualifies as a free and democratic society, but is instead on the path to becoming a strictly authoritarian regime.
“We are becoming another North Korea,” Ali lamented.
Pakistan already has a poor reputation worldwide for suppressing free speech and media rights. The country ranked 152nd out of 180 countries on Reporters Without Borders’ (RSF) 2024 World Press Freedom Index, and its image could deteriorate further with the introduction of such oppressive laws.
While the government rushed to introduce amendments to PECA, it should be noted that once the PML-N-PPP coalition is out of office, it could become a target of this very law. History has shown this to be true; for example, the laws hastily enacted by the PTI in its glory days are now being used against it.
*Names marked with an asterisk are pseudonyms at the sources’ request.