Why Electronic Crime Prevention Ordinance has Pakistan journalists fuming and Opposition outraged

The Imran Khan government has claimed that the ordinance will help curb fake news on social media. AFP

The latest amendment to Pakistan’s draconian cybercrime law, Pakistan Electronic Crimes Act (PEC) has the country’s journalists concerned that it may curtail media freedom and any criticism of the government can be treated as a crime.

Pakistan President Arif Alvi on Sunday signed the Electronic Crime Prevention Ordinance, 2022, which includes four amendments to the Prevention of Electronic Crimes Act, 2016.

The Imran Khan government has claimed that the ordinance will help curb fake news on social media.

Let’s take a look at the law and why journalists and Opposition parties are calling it oppressive:

What is the ordinance?

As per The Print, the Electronic Crime Prevention Ordinance, 2022, which includes four amendments to the Prevention of Electronic Crimes Act, 2016, and a whole new section that brings fake news or ridiculing any person on television under the category of electronic crime.

Under the amendment, anyone, person or organisation, found guilty of spreading fake news will be jailed for three to five years.

The News International said that anyone found guilty of attacking a person’s “identity” will now be sentenced to five years instead of three years.

The matter is to be decided within the maximum period of six months. The ordinance mandates a trial court to submit the progress report of the case every month to the concerned high court and shall state the reasons and constraints for delay in the matter.

It also abolishes the exemption given to the Pakistan Electronic Media Regulatory Authority (PEMRA)-licensed TV channels under the 2016 Act.

Another addition to the draconian PECA

The latest ordinance has an equally draconian precursor in the Prevention of Electronic Crimes Act, 2016.

The Opposition at that time had criticised the law, saying it could be misused against anyone and further curb freedom of expression in the country.

Parody or satire-based websites and social media accounts could be targeted under PECA. It also authorised investigation agencies to unlock any computer, mobile phone or other devices for the purpose of investigating an offence.

It made defamation a punishable offence.

Strengthening the already regressive law, the Pakistan Tehreek-i-Insaf government framed social media laws under PECA in November 2020. It led tech companies in Pakistan to threaten to discontinue their services if the rules were not amended.

In November 2021, Freedom Network, a Pakistan-based media rights watchdog, said in its report that at least 23 journalists were targeted under the country’s cybercrime law in the previous two years.

According to Al Jazeera, the Pakistani journalists were charged with “bringing the armed forces into disrepute”, “bringing the judiciary into disrepute” and “bringing the intelligence agencies into disrepute”. In at least one case, the journalist was accused of committing “treason”.

Outcry against the ordinance

Journalist bodies and political leaders have come together to oppose the ordinance.

The Media Joint Action Committee (JAC), which includes many media organisations of Pakistan, called it a step taken by the government to suppress the freedom of media, freedom of speech and dissenting voices.

The Human Rights Commission of Pakistan also slammed the law, calling it “undemocratic”.

Dawn journalist Imran Gabol told the Imran Khan government to “go to hell”.

Senator Sherry Rehman of Pakistan Peoples Party was also among the many to criticise the law, terming it “draconian in scope”.

Reema Omar, South Asia legal advisor to the International Commission of Jurists, called the law ‘oppressive’.

With inputs from agencies

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