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Pakistan

Islamabad High Court Seeks Assistance from Attorney General Amid Controversial Changes in Cyber Crime Laws

NasirMehmood February 11, 2025 0 3 min read
Islamabad High Court Seeks Assistance from Attorney General Amid Controversial Changes in Cyber Crime Laws

Islamabad High Court (IHC) has sought assistance from the Attorney General for Pakistan, Mansoor Awan, in response to a request filed by journalists’ organizations against recent amendments to the country’s cyber crime laws. These new amendments, introduced through the “Prevention of Electronic Crimes Act (PECA) 2025” last month, include harsh penalties for “fake news” by the government, expansion of state surveillance on digital platforms, and the establishment of new regulatory authorities for overseeing social media. Journalists have criticized the severity of this law as an “assault on freedom of expression,” while the opposition party Pakistan Tehreek-e-Insaf (PTI) has vehemently protested the swift approval of the law in Parliament. Concerns have also been raised by human rights organizations, Amnesty International, digital rights activists, and the European Union.

Justice Aamer Farooq Manhas of the Islamabad High Court reviewed a petition filed by the Pakistan Federal Union of Journalists (PFUJ) today. Lawyer Imran Shafique represented the journalists’ organization, with the presence of Riasat Ali Azad, President of the IHC Bar Association. The PFUJ’s petition emphasized that the amendments in PECA violate fundamental constitutional rights, especially freedom of expression, press freedom, and due process. The petitioner argued that the amendments were rushed, vague, and arbitrary, posing a threat to civil liberties. Notably, the unclear definition of “social media platforms” and the provisions for monitoring “illegal and derogatory” content, which are open to subjective and misapplication, were highlighted as major objections.

Famous TV anchors also filed a petition against the changes in the PECA laws on Friday, seeking their annulment. Their petition echoed the concerns raised by the PFUJ, including violations of fundamental rights. During the hearing, Lawyer Shafique pointed out discrepancies in the amendments, stating that errors in numbering were made hastily. He further noted conflicting definitions provided within the law, indicating confusion. Azad clarified that under PECA, appeals against decisions of the Social Media Protection Tribunal can only be made directly to the Supreme Court, rather than being heard initially by the High Court.

Justice Manhas asked the lawyers about the dissemination of fake news. “Do you think the spread of fake news should be stopped or not?” he inquired. Azad explained that the issue of fake news is indeed prevalent. He clarified that under the amendments, appeals against decisions of the Social Media Protection Tribunal can only be made directly to the Supreme Court, rather than being heard initially by the High Court.

Further proceedings saw the petitioner’s counsel repeatedly requesting injunctions against the enforcement of recent amendments. However, Justice Manhas advised the petitioner to file a separate application. Subsequently, a notice was issued to Attorney General Awan, following which the hearing was adjourned indefinitely.

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