ISLAMABAD: The amendments in the Prevention of Electronic Crimes Act (PECA) have been challenged in the Supreme Court, praying to declare them ultra vires to the constitutional power of the legislature.
The petition warned that PECA’s expansion could lead to state censorship and targeted legal action against political opponents, journalists, and activists. The opposition parties, media organisations, and civil rights groups have widely condemned the law, arguing that it curbs free speech and restricts digital rights.
The revised provisions introduce stricter penalties for spreading “false” information online, lower the punishment for misinformation to three years in prison, and impose a fine of up to Rs2 million.
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The amendments also introduce several new regulatory bodies, including the Social Media Protection and Regulatory Authority (SMPRA), the National Cyber Crime Investigation Agency (NCCIA), and the Social Media Protection Tribunal.
A private citizen, Muhammad Qayum Khan, on Tuesday, filed a petition citing concerns over their impact on freedom of speech and human rights. He requested the Court to declare the amendments to the PECA as ultra vires to the constitutional power of the legislature while terming the tweaks as “extremely repugnant against the human rights, fundamental rights and rights of freedom of expression, speech”.
He urged the apex court to immediately strike down the Act to prevent new legal crises, the plea also wants the existing law, approved by previous governments, to be revisited in light of the Constitution.
“We live in the global village where all human beings have equal human rights and such hurting and targeting the opponents could not be sustained and must be restricted along with the current PECA,” the petition said.
The petitioner also prayed that both the recent changes and the original PECA law, arguing that they violate fundamental freedoms. “In the national interest of peace and stability, it is humbly requested that a full court bench review the amendment and the existing law in light of our fundamental right to express opinions and share information in society,” the petition said.
Last week, the Lahore High Court (LHC) rejected a plea of a journalist, who had filed the petition before the LHC, to immediately suspend the implementation of various provisions of the PECA amendments.
The petitioner raised concern over its impact on freedom of expression and press liberties and requested the court to declare several of its provisions unconstitutional for being inconsistent with various articles of the Constitution of Pakistan, 1973. It was argued that the National Assembly fast-tracked the approval of the PECA amendment bill last week by suspending its own rules, bypassing necessary scrutiny.
Justice Farooq Haider, who heard the case, told the petitioner that a decision on the plea will be made once the parties have presented their stance.
He then issued notices to all the parties asking them to respond within three weeks.
Copyright Business Recorder, 2025
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