• December 6, 2024
• Access to Information
• Web Desk

The prime minister’s adviser Barrister Aqeel Malik confirmed amendments to the Prevention of Electronic Crimes Act (PECA) 2016, and said they were aimed at “eliminating misinformation and negative propaganda.”

The draft Prevention of Electronic Crimes (Amendment) Act, 2024, includes the establishment of a Digital Rights Protection Authority (DRPA) with wide-ranging powers to block or remove online material deemed harmful. The DRPA will replace the Pakistan Telecommunication Authority (PTA) in its role under PECA.

The authority will have the power to block material targeting state institutions, law enforcement agencies, or individuals, as well as content promoting religious or ethnic hatred, terrorism, or violence. Other categories of unlawful content include pornography, threats, false accusations, and copyright violations.

The DRPA will comprise a chairperson and six members, including three ex-officio members—the secretaries of information and IT ministries, and the PTA chairman. The authority will also require social media companies to establish local offices or representatives to ensure compliance. The chairperson will have emergency powers to block content, which must be ratified by the full authority within 48 hours.

The draft amendment also empowers the DRPA to “enlist” social media companies by setting conditions for their operations in Pakistan and mandating compliance with the authority’s rules. Decisions made by the DRPA can be challenged in tribunals, as outlined in the proposed amendments.

The amendments also expand the definition of social media to include tools, applications, and systems used to access platforms, potentially bringing Virtual Private Networks (VPNs) under regulatory oversight. This could bring Virtual Private Networks (VPNs) under regulatory scrutiny, as these are commonly used to access blocked platforms in Pakistan.

Under the draft amendments, a new provision, Section 26(A), regarding “fake news.” According to Dawn, anyone who intentionally posts information “which he knows or has reason to believe to be false or fake and likely to cause or create a sense of fear, panic or disorder or unrest” could face a five-year imprisonment or a fine of Rs1 million or both.

The report noted that there were no details of what would be considered fake or false information.

The Pakistan Peoples Party (PPP) has raised objections to the proposed five-year imprisonment for spreading fake news, suggesting a reduced term of three years.

Prime Minister Shehbaz Sharif had in May approved a draft to amend PECA,2016 to better regulate social media and proposed the creation of a Digital Rights Protection Authority (DPRA) to oversee digital rights and internet regulations.  Prime Minister Shehbaz Sharif formed a committee, led by Adviser Rana Sanaullah on May 20, to refine the draft and build consensus before cabinet approval. Discussions with media stakeholders, journalists, and political parties were initially planned, but it remains unclear whether consultations have taken place.