PECA act challenged in Supreme Court
Webdesk
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4 Feb 2025
A petition has been filed in the Supreme Court challenging the recent amendments made to the Prevention of Electronic Crimes Act (PECA), urging the court to strike down the law.
The petitioner, Muhammad Qayum Khan, has argued that the amendments are "ultra vires" to the constitutional power of the legislature and violate fundamental rights, including the freedom of expression.
The petition requests the court to review both the amendments and the original PECA law, emphasizing the importance of safeguarding freedom of speech.
It also calls for a comprehensive review of the law in light of constitutional principles and international human rights standards, particularly in the context of global freedom of expression.
The amendments, which recently came into effect after President Asif Ali Zardari's assent, have been controversial.
Critics, including opposition parties, media bodies, and journalists, have raised concerns over the lack of consultation and the law's provisions, which they argue could lead to censorship and restrict free speech.
The new changes to PECA introduce stricter penalties for spreading "false" information, including a prison sentence of up to three years and a fine of up to Rs2 million.
Additionally, the amendments establish new regulatory bodies such as the Social Media Protection and Regulatory Authority (SMPRA) and the National Cyber Crime Investigation Agency (NCCIA).
Read more: Peca act passed by NA
Under the amendments, individuals who believe they have been affected by the spread of false information can approach the authorities for removal or blocking of the content, with decisions required within 24 hours.
The law also provides for the establishment of a Social Media Complaint Council to process complaints and the creation of Social Media Protection Tribunals, which would resolve cases within 90 days.
The petition's development follows the swift passage of the amendments through both the National Assembly and Senate, despite objections from various sectors.
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