Govt Transfers PECA Oversight to MoI: Protecting Digital Rights or Silencing Dissent?

In a significant move, Pakistan’s federal cabinet has approved an amendment to the Rules of Business 1973, transferring the oversight of the Prevention of Electronic Crimes Act (PECA) 2016 from the MoiTT to the Ministry of Interior. This decision raises critical questions about the balance between enhancing cybersecurity and potentially suppressing freedom of expression.

Amendments to PECA 2016

The government has also recently proposed several amendments to PECA 2016 to strengthen Pakistan’s cybercrime legislative framework. The draft, titled “Prevention of Electronic Crimes (Amendment) Act, 2024,” aims to enhance regulatory oversight of online content and investigate individuals accused of spreading “fake news.” Moreover, the draft amendments redefine “social media platforms” to include tools and software used to access social media. This expanded definition could also enable the government to block Virtual Private Networks (VPNs), which are often used to access restricted platforms like X.

Some other key features of the PECA amendment include:

• The establishment of the Digital Rights Protection Authority (DRPA), which will be tasked with safeguarding digital rights and ensuring online safety.
• A comprehensive definition and regulation of unlawful online content, aimed at clarifying and controlling unlawful content.
• An increase in penalties for offenses, including disseminating fake or false information.
• The creation of a Specialized Investigation Agency, which will be dedicated to investigating and prosecuting cybercrime offenses under PECA.

These amendments have been vetted by the Law and Justice Division, approved by the Cabinet Committee for Disposal of Legislative Cases (CCLC), and have been sent to the federal cabinet for final approval.

Concerns Over Freedom of Expression

The government’s initiative to bolster cybersecurity is commendable, but the transfer of PECA’s oversight to the Ministry of Interior has sparked concerns among the stakeholders. The critics argue that this move could lead to increased surveillance and potential misuse of power. Moreover, they argue that the broad powers granted to the DRPA and the vague definitions of unlawful content and fake news could be misused to stifle dissent. The expanded definition of social media platforms raises concerns about potential restrictions on VPN usage, which could limit access to information and infringe on privacy rights. Therefore, the implementation of these changes must include robust safeguards to protect freedom of expression and prevent potential misuse of power. These include transparent processes, stakeholder consultations, and adherence to international human rights standards.

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