Government plans to amend PECA, Pakistan’s Cybercrime Law

In an ostensible attempt to tackle what Barrister Aqeel Malik, the legal advisor to the Prime Minister of Pakistan, called “misinformation and negative propaganda”, the government of Pakistan plans to implement a “wholesale” change to the Prevention of Electronic Crimes Act, the nation’s controversial cybercrime law. The “changes” would allow the government to “to block online content and access to social media” and to take legal action against people held responsible for “fake news”. The draft introduces Section 26(A), penalizing the dissemination of “fake news” with imprisonment of up to five years, a fine of up to one million rupees, or both. The draft also makes offences under Section 26(A) non-bailable, non-compoundable, and cognisable.

Dawn noted that one of the changes to the PECA that the government has in mind is a redefining of “social media platform”, which “has been expanded to now include tools and software used to access social media.” Should the amendments to the law be passed, this could potentially provide the government with legal grounds to ban VPNs, which a decision by the Ministry of Law and Justice shot down at the end of November.

In addition to changing the definition of “social media”, the creation of a Digital Rights Protection Authority (DRPA) was also proposed as part of the overhaul, meant to tackle issues such as “the removal of online content, prosecuting people for sharing or accessing prohibited content and action against social media platforms where such content is hosted.” The DRPA would ostensibly work to advise the government on “digital ethics and related fields”, and outline “time frames for social media companies to implement its orders and make provisions for these platforms to have offices or representatives in Pakistan.”

What that entails in practice, if indeed the amendments are made public and passed, however, remains to be seen.