Pakistan: instead of revising legislation that censors dissent, Sharif’s government strengthened it

The amendments to the Prevention of Electronic Crimes Act (PECA) that recently came into force further exacerbate the threat this legislation poses to journalists in Pakistan. PECA establishes the creation of a government-controlled regulatory authority and a three-year prison sentence for the dissemination of “false” or “prohibited” content, which is very vaguely defined. Reporters Without Borders (RSF) repeats its call to the authorities to repeal the act and its amendments. They do not combat disinformation but stifle press freedom and reinforce censorship.

Adopted in 2016, Pakistan's controversial Prevention of Electronic Crimes Act, commonly known as PECA, has already been used to arrest dozens of journalists who criticised the government. Now, its repressive role has been strengthened.

The new amendments, adopted in less than 15 minutes by the National Assembly on 23 January and approved by the Senate on 28 January, introduce nine new categories of online content deemed unlawful, some of which are very vaguely defined. Dissemination of illegal content is now punishable by up to three years in prison, and the suspect can be arrested without a warrant. Anyone — even if they are not directly affected by the content — can file a complaint by claiming to have “substantial reasons to believe that the offence has been committed.” A new regulatory authority whose members are directly appointed by the government will replace the Pakistan Telecommunication Authority and will be responsible for handling complaints and blocking content.

"Under the guise of combating disinformation, Pakistan is taking censorship to a new level. The text’s vague definition of false and prohibited content conceals a formidable legal weapon for blocking information. RSF calls for the immediate repeal of PECA and its new amendments, which are a dangerous tool in the hands of the authorities as they can silence critics and control information. The people’s right to inform, be informed and have access to diverse sources of information must be respected.

Célia Mercier
Head of RSF South Asia Desk

The poorly-defined prohibited content includes publications “against the ideology of Pakistan,” or which “coerce or intimidate [the] public and thereby preventing [sic] them from carrying on their lawful trade and disrupts civic life,” or that contain “aspersions against any person including members of Judiciary; Armed Forces, Parliament or a Provincial Assembly.” Furthermore, content will be considered illegal if it is “known to be fake or false or there exist sufficient reasons to believe that the same may be fake or false beyond a reasonable doubt.”

The adoption of these amendments caused an outcry. Journalists held a “black day” on 31 January, organised by Pakistan's leading media organisations. In demonstrations across the country, journalists wore black armbands to symbolise their protest. The Joint Action Committee (JAC), which brings together several journalist organisations, published a statement condemning a ratification process that was executed “hastily and without meaningful engagement with the stakeholders.” In Islamabad, a broad coalition of journalists, lawyers and civil society organisations was formed following a consultation organised by the Human Rights Commission of Pakistan (HRCP). Lawsuits against PECA have multiplied across the country.

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