PECA bill gets Senate's nod amid protest

Express Tribune

29-01-2025

ISLAMABAD:
Journalists on Tuesday erupted in protest across the country after the Pakistan Muslim League-Nawaz (PML-N)-led ruling coalition managed to bulldoze the controversial Prevention of Electronic Crimes (PECA) Amendment Bill, 2025 also through the upper house.
The National Assembly has already passed the bill which, if enacted, can effectively muzzle the media.
On Tuesday, PML-N Senator Rana Tanveer Hussain presented the bill in a Senate sitting, chaired by Deputy Chairman Syedaal Khan amid a protest by opposition lawmakers.
Addressing the house, Hussain said no law or amendment is immutable and can be changed. "The PECA bill is for social media platforms, not for electronic media or newspapers, aiming to regulate civil society in a manner that prevents the misuse of social media," he said.
Opposition members, however, tore copies of the bill amid chaos in the house.
Leader of the Opposition Senator Shibli Faraz said his party, the PTI, does not support the bill. He said no one supports spreading fake news but criticized the flawed procedure adopted to pass the bill. There is a lack of necessary institutions, judges, and lawyers to handle cases related to fake news, he said.
Jamiat Ulema-e-Islam-Fazl (JUI-F) Senator Kamran Murtaza complained that his amendments to the PECA bill were neither approved nor rejected by the relevant committee. He called the standing committee's report incomplete.
The house later approved the bill amid a protest by opposition members.
During passage of the bill, journalists also walked out of the Senate press gallery in protest, joined by PPP Senator Sherry Rehman, who listened to their grievances.
The journalists later organized a protest march from Islamabad's National Press Club to D-Chowk. Lawyers and civil society representatives also actively participated in the protest.
To prevent the journalists' rally from reaching parliament, a heavy contingent of police was deployed, and barbed wire barriers were erected. However, the journalists managed to cross the barriers and reached the gates of D-Chowk, where they staged a sit-in.
Addressing the gathering, Pakistan Federal Union of Journalists (PFUJ) President Afzal Butt termed the bill a 'black law'. He said the government passed the bill without consulting the media, the most significant stakeholder.
"This law is an attempt to suppress the voice of the media. Our movement against this draconian law has begun and will continue until its repeal," he said.
The joint action committee of media bodies staged a protest demonstration also in front of the Karachi Press Club in response to an appeal from the PFUJ against the PECA amendment bill.
Representatives from various media organizations, civil society groups, trade unions, lawyers' groups and teachers joined and supported the protest.
Prominent figures, including journalists, media owners, editors, and workers from organizations such as PFUJ, the Karachi Union of Journalists (KUJ), the Pakistan Broadcasters Association (PBA), the Council of Pakistan Newspaper Editors (CPNE), and others addressed the protesters.
"The government has to learn the lessons as it was earlier used against the same party, which had passed the law in a haste," said Mazhar Abbas, a senior member of PFUJ.
Mazhar Abbas characterized the situation as a 'civilian martial law'. He urged the joint action committee to advocate for the repeal of PECA, stating that they would not compromise on their rights.
Azhar Abbas called for unity among media organisations to demonstrate collective strength to the government. PBA representative Qazi Ather reaffirmed the commitment to safeguarding press freedom, stating that they would not allow their voices to be suppressed.
The Karachi Bar Council also issued a statement condemning the bill, describing it as comprising regressive amendments that constitute an assault on fundamental freedoms.
PECA, a law enacted in 2016 during the rule of the PML-N, was aimed at addressing cybercrime and regulating electronic communication in Pakistan. It was meant to combat online offences such as hacking, data theft, and cyberbullying. The law was continually amended by subsequent governments.
However, this time around, the PML-N government has attempted to make some drastic changes in the law which seeks to criminalize fake news which may land a person in jail for up to three years while also making liable for a fine of up to Rs2 million.
It stipulates penalties for sharing content expunged from the records of the National Assembly, Senate, and provincial assemblies on social media. The amended bill expands the definition of illegal content, including matters related to religion, national security, public order, and contempt of court.
It also criminalizes activities such as inciting crime or terrorism, spreading defamatory reports against constitutional institutions, blackmailing, and defamation. Illegal content also includes pornography, copyright violations, and material that undermines peace and morality or promotes criminal activity.
The bill broadens the definition of social media platforms to include tools, software, websites, applications, and communication channels used for social media access.
One of the key provisions of the new amendments is the establishment of the Digital Rights Protection Authority (DRPA), which will have the authority to remove prohibited content and take action against individuals who share such material.
The authority will also oversee the regulation of social media platforms and has been given the power to enforce compliance through directives and penalties.
The bill also proposes the dissolution of the Federal Investigation Agency's (FIA) Cyber Crime Wing, with its responsibilities transferring to the newly established National Cyber Crime Investigation Agency.