Government Plans Major Changes to the PECA 2016

The government is proposing significant changes to the Prevention of Electronic Crimes Act (Peca) 2016, aiming to address evolving challenges in the digital space. A draft of the Prevention of Electronic Crimes (Amendment) Act, 2024, suggests forming a Digital Rights Protection Authority (DRPA) with extensive powers to block online content, regulate social media platforms, and prosecute individuals spreading “fake news.”

Government Plans Major Changes to the PECA 2016

Formation of the DRPA

Under the proposed amendments, the DRPA will take over many of the responsibilities currently managed by the Pakistan Telecommunication Authority (PTA). The new authority will oversee:

• Removal of unlawful online content.
• Investigating complaints of violations.
• Regulating social media platforms.
• Advising the government on digital ethics, education, and research.

The DRPA will also have the power to enforce compliance from social media platforms, including requiring them to set up offices or appoint representatives in Pakistan. It will outline time frames for these platforms to implement its directives.

The authority will consist of a chairperson and six members, three of whom will be ex-officio—the secretaries of information and IT ministries and the PTA chairperson. Members will serve for three years, with the possibility of reappointment for another term.

Expanded Definition of Social Media Platforms

One of the key changes in the draft is the revised definition of “social media platforms.” It now includes tools, software, websites, applications, and communication channels that allow users to access social media and post content.

This broader definition could enable the government to block Virtual Private Networks (VPNs), which are often used to bypass restrictions on platforms like X (formerly Twitter). Although earlier attempts to register VPNs were shelved due to legal challenges, the new definition may provide the government with a stronger legal basis to restrict their use.

New Powers for the Chairperson

The DRPA chairperson will have exclusive powers to issue directives in urgent matters, including blocking unlawful online content. These decisions must be ratified by the authority within 48 hours.

Revised Definition of Unlawful Content

The draft amendments expand the definition of unlawful content under Section 37 of Peca. It currently includes material against:

• The glory of Islam.
• Pakistan’s integrity, security, and defence.
• Public order, decency, or morality.
• Contempt of court.

The updated version adds new categories, including:

• Blasphemous content.
• Incitement of violence or sectarian hatred.
• Obscene or pornographic material.
• Defamation and blackmail.
• Copyright violations.
• Content against constitutional institutions, judiciary, or armed forces.
• Fake or false reports.

Stricter Penalties for Fake News

To combat misinformation, a new provision, Section 26(A), introduces penalties for spreading “fake news.” It states that anyone intentionally sharing false information that causes fear, panic, or unrest could face:

• Up to five years of imprisonment.
• A fine of up to one million rupees.
• Both penalties combined.

However, critics point out that the provision does not clearly define what constitutes “fake or false information.”

Opposition and Concerns

While the amendments are aimed at reducing misinformation and harmful content, they have drawn criticism for potentially infringing on freedom of speech. The PPP, a key coalition partner, opposes the five-year prison term for fake news, proposing a maximum sentence of three years instead.

Another controversial amendment makes offences under Section 26(A) non-bailable, non-compoundable, and cognizable, further tightening legal restrictions.

Legal Framework and Tribunal

To handle offences under the amended law, a tribunal will be established, headed by a high court judge or a qualified individual. The tribunal will also include a journalist and a software engineer as members, ensuring representation from relevant fields.

Stakeholder Involvement

The process to establish the DRPA began under the PML-N-led government, with a committee led by Rana Sanaullah tasked with building consensus. While the Information Minister stated that consultations with stakeholders, including journalists and political parties, were planned, it remains unclear whether these discussions have taken place.

Conclusion

The proposed changes to Peca reflect the government’s efforts to tackle challenges posed by misinformation and harmful content in the digital era. However, the amendments raise critical questions about their impact on digital freedoms, privacy, and governance. The implementation of the DRPA will likely spark debates on finding the right balance between regulation and individual rights in the online space.

See Also: Woman Sentenced to Death by PECA Court for Blasphemy on Social Media

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