The Islamabad High Court on Monday observed that the recent amendment to the Prevention of Electronic Crimes Act 2016 is a piece of legislation and cannot be suspended through an injunction, noting that the matter would be decided after a complete hearing. Justice Inam Ameen Minhas made these remarks while hearing a set of petitions filed against the controversial changes introduced to the cybercrime law. Following the preliminary observations, the court adjourned further proceedings until March 6, allowing additional arguments to be presented by the parties involved.
The petitions have been jointly filed by several journalistic bodies, including Pakistan Federal Union of Journalists and Islamabad High Court Journalists Association, which have raised concerns over the scope and impact of the amendments. Justice Minhas heard the petitions together, as they raise similar legal questions regarding the authority and implementation of the amended law. During the hearing, counsel for IHCJA, Mian Samiuddin, presented detailed arguments and read out the newly inserted provisions. He contended that powers traditionally exercised by the judiciary had been shifted to the executive branch through the amendments. According to him, matters involving determination of legality and enforcement should fall under judicial oversight, and any tribunal established under the law should be constituted in consultation with the chief justice of Pakistan to ensure independence and transparency.
A significant portion of the arguments focused on Section 2C of the amended act, which deals with the prohibition of fake and false information on social media platforms. Justice Minhas questioned how such information would be identified and who would be responsible for determining whether content was fake or false. The court also sought clarity on how proceedings would be initiated once such content was flagged. In response, the petitioner’s counsel argued that the new mechanism allows not only the affected party but also third parties to file complaints. He expressed concern that this provision could open the door to proxy complaints and potential misuse. Samiuddin emphasized that it was essential to assess the actual harm caused by incorrect information, noting that not all inaccurate content is malicious and some errors may be harmless without causing reputational or societal damage.
The amendments to PECA were passed by the National Assembly last year under a supplementary agenda, expanding the government’s powers to regulate digital spaces and penalise online offences. The PECA Amendment Act 2025 introduces the establishment of a Digital Rights Protection Authority with wide ranging powers to remove online content, restrict access to material deemed prohibited and impose penalties on individuals or entities involved in sharing such content. The scope of the law has also been widened by redefining social media platforms to include tools, software and applications used to access them, thereby extending jurisdiction to a broader range of digital communication channels. Under the revised framework, the FIA Cybercrime Wing is to be replaced with a stricter enforcement structure. The amendments further prescribe penalties including imprisonment of up to three years and fines reaching Rs2 million for individuals who share expunged material from parliamentary or provincial assemblies on social media.
Journalists’ organisations and media bodies have expressed serious reservations about the amended law, arguing that it poses risks to press freedom and could create an environment of uncertainty for journalists and digital content creators. They maintain that the expanded powers and vague definitions could be used to curb legitimate reporting and commentary. The Islamabad High Court is expected to further examine these concerns in the upcoming hearings as it continues deliberations on the constitutional and legal implications of the amended PECA.
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