Pakistan is on the verge of significant legal reform concerning its digital landscape. The government plans to introduce stringent amendments to the Prevention of Electronic Crimes Act (Peca) 2016, which could reshape how online content is monitored and controlled.
At the heart of these amendments is a controversial move to classify the dissemination of fake news as an unbailable offence, sparking intense debate within the country and beyond.
The proposed changes aim to combat misinformation and strengthen control over social media platforms, but they raise concerns about freedom of expression and potential misuse.
The Proposed Digital Rights Protection Authority
Central to the government’s new plan is the creation of the Digital Rights Protection Authority (DRPA). This proposed body would wield significant power over Pakistan’s digital sphere, tasked with identifying and prosecuting those spreading “fake news” or accessing prohibited content.
According to reports from leading Pakistani media outlets, including Dawn, the DRPA would oversee content regulation and hold social media platforms accountable for any dissemination of unlawful information.
The authority would have broad jurisdiction, extending beyond just social media sites to include tools and software that enable social media access. This expansion means that individuals or entities managing systems facilitating access to platforms would fall under the DRPA’s purview.
It also implies the government could crack down on technologies like Virtual Private Networks (VPNs), which many Pakistanis use to bypass restrictions on platforms like X (formerly Twitter).
Read : Toy Bomb Explodes in Pakistan: 3 Kids Killed
Prime Minister’s adviser Barrister Aqeel Malik emphasized the necessity of these amendments, stating that the goal is to “eliminate misinformation and negative propaganda.”
However, critics argue that the creation of such a powerful authority could lead to an overly restrictive digital environment, curtailing civil liberties and freedom of expression. The lack of clear definitions for “fake news” further complicates the issue, as it leaves room for subjective interpretation and potential abuse.
Expanding Definitions and Increasing Control
One of the most significant aspects of the draft amendments is the expanded definition of “social media platform.” Previously, regulations primarily focused on well-known platforms like Facebook, YouTube, and Instagram.
The new definition now encompasses any software or tool used to access social media, as well as individuals managing systems that provide such access. This change could have far-reaching implications, extending government oversight to a broader range of digital services and intermediaries.
In addition to social media, the amendments introduce definitions for “application,” “website,” and “communication channel.” These terms cover any digital tool or service that allows users to access social media or share content online.
By broadening these definitions, the government aims to close loopholes that users might exploit to disseminate prohibited information. However, this approach raises concerns about the potential for overreach.
For instance, restricting VPN usage would limit users’ ability to access banned platforms or content, effectively silencing dissenting voices. Many activists and journalists in Pakistan rely on VPNs to communicate freely and share information without fear of government retaliation.
By curbing this technology, the government risks stifling legitimate discourse and creating an environment where only state-approved narratives are allowed to flourish.
Penalties and the Ambiguity of “Fake News”
The most contentious aspect of the proposed amendments is the introduction of severe penalties for spreading fake news. The draft includes a new provision, Section 26(A), which targets individuals who intentionally share false information likely to incite fear, panic, or unrest.
Offenders could face up to five years in prison and fines exceeding one million rupees. The harsh penalties reflect the government’s determination to combat misinformation, but they also raise important questions about due process and freedom of speech.
A key issue is the lack of clarity surrounding what constitutes “fake news.” The draft does not provide a precise definition, leaving it open to interpretation by authorities. This ambiguity creates the potential for misuse, as individuals could be prosecuted for sharing content that challenges official narratives or exposes government wrongdoing.
In a country where press freedom is already under pressure, the new law could further erode journalistic independence and discourage critical reporting.
Moreover, the provision’s broad language means that even unintentional sharing of false information could be penalized. In the fast-paced world of social media, where news often spreads rapidly and verification can be challenging, this could lead to innocent individuals facing severe consequences.
The threat of imprisonment and hefty fines may also create a chilling effect, deterring people from sharing or engaging with content online for fear of reprisal.
Implications for Freedom of Expression and Civil Liberties
The proposed amendments to Peca have significant implications for freedom of expression in Pakistan. While the government argues that the changes are necessary to combat misinformation and maintain public order, critics see them as part of a broader effort to control dissent and silence opposition.
The formation of the DRPA, with its extensive powers, could create a climate of fear where individuals are hesitant to express their views or challenge the status quo.
Human rights organizations and media watchdogs have already raised concerns about the potential impact of the new law. They argue that the vague definitions and harsh penalties could be used to target journalists, activists, and political opponents.
In a country where media outlets have faced increasing pressure and censorship in recent years, the amendments could further restrict the flow of information and undermine democratic principles.
Internationally, the move is likely to attract criticism from organizations advocating for digital rights and freedom of expression. Countries around the world are grappling with the challenge of combating misinformation, but the approach taken by Pakistan raises important questions about the balance between security and liberty.
While the spread of fake news is undoubtedly a serious issue, addressing it through draconian measures risks doing more harm than good.
Pakistan’s plan to make fake news an unbailable offence reflects the growing concern about the impact of misinformation in the digital age. However, the proposed amendments to Peca 2016 raise serious questions about freedom of expression and the potential for abuse.
The creation of the Digital Rights Protection Authority and the expansion of definitions related to social media represent a significant shift in the country’s approach to online regulation.
While the government argues that these measures are necessary to combat negative propaganda, critics fear they could be used to silence dissent and stifle legitimate discourse.
As Pakistan moves forward with these reforms, it must strike a delicate balance between addressing the real threat of fake news and protecting the fundamental rights of its citizens.
Clear definitions, transparent processes, and safeguards against abuse will be essential to ensure that the new law is used to promote genuine accountability rather than suppress dissent. The international community and civil society must remain vigilant, advocating for a digital environment that respects both security and freedom.
let’s enjoy few years on earth with peace and happiness….✍🏼🙏