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Express Tribune
6 days ago
- Politics
- Express Tribune
IHC hears petitions against PECA Amendment Act 2025
Listen to article Justice Inam Amin Minhas of the Islamabad High Court (IHC) on Monday heard multiple petitions seeking the annulment of the controversial Prevention of Electronic Crimes Act (PECA) Amendment Act 2025. The petitions were filed by the Pakistan Federal Union of Journalists (PFUJ), prominent TV anchors, and the Islamabad High Court (IHC) Journalists Association. The federal government has submitted its written response to the court. A government lawyer stated that provincial governments have also been made respondents in the case. Lawyer Imran Shafiq told the court that an initial objection raised by the Registrar's Office had been resolved. During the hearing, IHC directed the petitioners' lawyers to begin presenting their arguments. PFUJ counsel Dr Yasir Aman Khan opened the arguments by giving historical context as the judge asked to first provide the background so the court can understand the case. Read: Back to the cave: Where does PECA take us? "The PECA Act was introduced in 2016," said Dr Yasir, adding that the 2025 Amendment removed several provisions from the original act and added new ones. He noted that the amendment also establishes a Social Media Complaint Council, expanding the law's scope. Justice Inam Amin Minhas instructed the petitioners to clarify the changes in the Code of Conduct, highlighting what it previously entailed and what has now been altered. PECA amendment Earlier this year, the National Assembly passed a set of amendments to the Prevention of Electronic Crimes Act (PECA) under a supplementary agenda, significantly expanding the government's authority to regulate online content and penalise digital offences. PECA (Amendment) Act 2025 included provisions for the formation of a Digital Rights Protection Authority (DRPA), which will be empowered to remove online content, restrict access to prohibited material, and impose penalties on individuals who share such content. The amendments also broadened the definition of 'social media platforms' to encompass tools and software used to access these platforms. The revised law now extends its jurisdiction to include websites, applications and various communication channels. As part of the legislative changes, the FIA Cybercrime Wing is to be disbanded and replaced with a stricter framework of enforcement. Under the new rules, individuals sharing expunged material from parliamentary or provincial assemblies on social media could face imprisonment of up to three years along with a fine of Rs2 million.
Business Recorder
05-06-2025
- Politics
- Business Recorder
PECA Act: Respondents asked to submit comments
ISLAMABAD: The Islamabad High Court (IHC) gave a deadline to the respondents to submit comments in the petitions challenging amendments in the PECA Act. A single bench of Justice Inaam Ameen Minhas on Wednesday heard the petitions of Pakistan Federal Union of Journalists (PFUJ), anchors association and Islamabad High Court Journalists Association (IHCJA). In the petition, counsel of the journalist body adopted the stance that the PECA (Amendment) Act is unconstitutional and illegal; hence, the court should conduct judicial review on it. The petition said the PECA (Amendment) 2025 increased the government control and restrictions on freedom of speech. It said the PECA law violated Article 19 and 19(A) of the Constitution as well. Therefore, it pleaded, the law should be suspended. PECA amendments challenged in SC During the hearing, Advocate Imran Shafiq and other lawyers appeared in the court on behalf of the petitioners. Advocate Shafiq said the federal government has filed its reply only through the Ministry of Interior and the Ministry of Information while the Ministry of Law and Justice, Parliamentary Affairs and the PTA have not submitted any response yet. He informed the bench that the federal government has raised a question on the jurisdiction of this court. He added that the federation has stated that after the 26th Constitutional Amendment, only the Constitutional Bench of the High Court can hear this case. The lawyer said the second objection was raised while giving a reference of a Quranic verse that before spreading the words, do research. The lawyer said the FIRs are being registered against people and the court should hear this case soon. The IHC bench asked whether there is no news going on? Is someone preventing news from being given or published? Riasat Ali Azad advocate prayed the court to issue a stay order that there will be no FIR or arrest against the journalist for reporting the news. He said that the parties are not submitting a response and are taking time from the court. Journalist Mazhar Abbas said that an atmosphere of harassment has been created in the media industry and the journalists are being summoned and harassed by the FIA. The petitioner's lawyer said the parties should be directed to file their replies and provide a copy of the replies to the petitioners in advance before the next hearing. Justice Inaam remarked that even if the response is not filed, the hearing will still be continued. He said that this case would take a long time and therefore, it will be scheduled after Eid. Later, the court deferred hearing of the case till the second week of July. The PFUJ said in the petition that the law infringed international human rights as well as digital rights in Pakistan. The petition read: '…a writ may be issued declaring that the Prevention of Electronic Crimes (Amendment) Act, 2025 is unconstitutional, being violative of the fundamental rights guaranteed by the Constitution, due process, fair trial, and the concept of regulatory independence, as well as the doctrines of fairness, proportionality, reasonableness, and constitutional limitations or restrictions, hence void, and liable to be struck down.' Therefore, the PFUJ prayed that the respondents may be restrained and prevented from employing the coercive powers under the Prevention of Electronic Crimes (Amendment) Act, 2025, in general, and against the journalist community, in particular till final disposal of the instant petition. Copyright Business Recorder, 2025
