What Is Section 37 of PECA and How Does It Affect Internet Freedom in Pakistan?

In the past ten years, Pakistan has witnessed a digital explosion, with millions of voices now echoing through the vast corridors of the internet, eager to connect, share, learn, and trade. Yet, lurking in this vibrant digital landscape is a shadowy figure: the state, ever watchful, attempting to rein in this freedom. The heart of this struggle beats within Section 37 of the Prevention of Electronic Crimes Act (PECA) 2016—a law that, rather than safeguarding, seems to wield a heavy hand against dissent, stifling expression and curtailing the flow of information.

Section 37 is being misused to silence political opposition and critical voices. It lacks due process and judicial oversight.

-Digital Rights Foundation (DRF)

What Is Section 37 of PECA?

Section 37 of PECA grants the Pakistan Telecommunication Authority (PTA) the authority to “remove or block or issue directions for removal or blocking of access to any information through any information system” if it considers the content:

• In violation of the glory of Islam;

• Against the integrity, security, or defense of Pakistan;

• Hurting public order, decency, or morality;

• In contempt of court;

• Constituting an offense under PECA or other laws.

Importantly, this power is not subject to prior judicial approval, giving

The PTA single-handedly has free rein to determine what qualifies as “unlawful” content. This applies to websites, social media posts, streaming platforms, and individual user accounts themselves.

The law was initially designed to be used to prosecute cybercrimes such as hacking, identity theft, and terrorism-related materials; however, Section 37’s ambiguous wording and broad coverage have resulted in a wide array of offences that can be captured by the law.

Legal Ambiguities and Expansive Powers

Section 37 has been criticized by digital rights groups, lawyers, and civil society for being ambiguous and overly broad, particularly the terms like:

• “Interest of the glory of Islam”

• “Public order, decency or morality”

• “Integrity or security of Pakistan”

These undefined terms create room for subjective interpretations, allowing the PTA or the government to label almost any dissenting opinion or critical journalism as a threat to national interest or morality.

Moreover, PTA has often issued takedown notices without giving content creators prior notice or an opportunity to appeal, violating basic principles of due process.

Instead of protecting citizens, PECA has become a weapon against them.

-Asad Baig, founder of Media Matters for Democracy

Real-World Impact: How Has Section 37 Been Used?

Just recently, the government flexed its muscles again, using Section 37 of PECA to shut down 27 YouTube channels run by journalists and digital media activists. Picture this: June 2025, the Islamabad District Court, responding to a request from the National Cyber Crime Investigation Agency (NCCIA), ordered the blocking of these channels. Why? They claimed these platforms were spreading “false, defamatory, and anti-state” content that supposedly jeopardized public order and national security.

The court’s order didn’t just target any random voices; it silenced some of the most followed figures like Asad Toor, Matiullah Jan, Moeed Pirzada, and the relentless investigative journalist Ahmad Noorani, along with several channels linked to Pakistan Tehreek-e-Insaf (PTI). Rights groups and media watchdogs? They were up in arms, denouncing it as a blatant attack on press freedom. Censorship, they argued, isn’t just about specific content anymore; it’s a sweeping tide that drowns entire platforms under the guise of national security.

This incident has reignited a firestorm of concern over the unchecked powers handed to authorities under Section 37. It’s a chilling reminder of how easily independent journalism and political opposition can be silenced in the digital age.

The rules governing Section 37 will make it extremely difficult for tech companies to operate in Pakistan.

-Asia Internet Coalition (AIC)

Legal Challenges and Pushback

In 2020, the Islamabad High Court (IHC) ruled that the PTA cannot exercise content-blocking powers under Section 37 without proper rules and directed the federal government to frame these rules in consultation with stakeholders. As a result, the Removal and Blocking of Unlawful Online Content (Procedure, Oversight, and Safeguards) Rules, 2021, were introduced, but these too became contentious.

The rules were rejected by tech companies, including Facebook (Meta), Google, and Twitter, who threatened to leave Pakistan over fears of overregulation, invasion of user privacy, and liability for user-generated content.

In response to pressure from civil society and global tech companies, the government held consultations, but the revised 2022 rules still gave disproportionate power to the PTA. Critics say the process lacked transparency and that fundamental concerns remain unresolved.

Currently, multiple constitutional petitions challenging the Prevention of Electronic Crimes Act (PECA) and its 2025 amendments are being heard in the Supreme Court and various High Courts across Pakistan. Journalists, media associations, and civil rights groups have filed cases in the Islamabad, Lahore, and Sindh High Courts, arguing that the law, particularly Section 37, violates fundamental rights guaranteed under Articles 19 and 19A of the Constitution, including freedom of expression and access to information. Petitioners have raised serious concerns over the law’s vague definitions, unchecked censorship powers, and the creation of executive-controlled tribunals. In the Supreme Court, a petition seeks to declare the entire act unconstitutional, citing its misuse to silence dissent and curtail press freedom. These legal challenges represent a growing pushback against what many see as the government’s increasing control over the digital space in Pakistan.

The legal challenges to PECA are gaining momentum across multiple courts. The Supreme Court of Pakistan is expected to take up the matter soon, with the possibility of forming a full bench to review petitions seeking to declare PECA and its 2025 amendments unconstitutional. Meanwhile, the Islamabad High Court (IHC) has clubbed together several journalist-led petitions for consolidated hearings, with requests underway for a larger bench to hear the case due to its constitutional significance. The Sindh High Court has issued notices to the federal government and is currently awaiting responses before proceeding with further hearings. In the Lahore High Court, the Punjab Union of Journalists’ (PUJ) petition remains pending, with proceedings yet to begin in earnest.

Implications for Internet Freedom

Section 37 has had a chilling effect on Pakistan’s digital environment:

• Self-censorship is rising: Writers, journalists, bloggers, and creators often avoid politically or socially sensitive topics to stay out of trouble.

• Innovation suffers: Tech startups and creators operating on platforms like TikTok, YouTube, or Instagram face sudden shutdowns and policy uncertainty.

• Global reputation: International watchdogs like Freedom House and Reporters Without Borders rank Pakistan poorly on internet freedom metrics, citing arbitrary censorship and surveillance.

The Way Forward: Reform or Repeal?

The debate over Section 37 continues. Legal experts and digital activists are demanding either a complete repeal of Section 37 or, at least, a major overhaul should be introduced that should include:

• Clear definitions of unlawful content;
• Independent judicial review before takedowns;
• Transparent reporting mechanisms;
• Stronger user protections and appeals process.

The government, meanwhile, is under pressure to balance regulation with rights, a tightrope that has so far leaned heavily toward control over freedom.

Conclusion: A Law in Search of Balance

Section 37 of PECA remains one of the most contested elements of Pakistan’s digital legal framework. While intended to curb harmful content, its vague wording, lack of checks and balances, and opaque enforcement have made it a threat to digital freedom.

As internet penetration deepens and Pakistan’s digital economy grows, the urgent need for reform, transparency, and stakeholder engagement becomes clearer. Without this, the law will continue to undermine the very rights it claims to protect, turning the internet from a space of opportunity into one of fear.