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Express Tribune
10-02-2025
- Politics
- Express Tribune
SHC, LHC issue notices on PECA pleas
KARACHI/LAHORE: Both the provincial high courts of Sindh and Punjab on Monday sought replies from respondents including the federal government while hearing petitions filed against some recent amendments to the country's cybercrime lawthe Prevention of Electronic Crime Act (PECA), 2016. A division bench of the Sindh High Court (SCH) led by Chief Justice Muhammad Shafi Siddqui took up a petition filed by two journalistic organizationsthe Karachi Union of Journalists (KUJ) and the Society of Court Reportersagainst the amendments bulldozed through parliament last week. During the hearing, the bench asked the petitioner's counsel Barrister Ali Tahir as to what were his clients' objections to the amendments. "Should a person spreading fake news not be punished," the bench questioned. The counsel said the basic question was as to who was supposed to decide whether a particular news item was fake or not. The CJ noted that all things are not decided by court and some matters are left up to the discretion of the relevant authority. "The amended law does provide the option of filing an appeal against the order of the authority," he said. The counsel stated that it was a matter of fundamental rights which should be decided by courts. The CJ observed that if it was a matter of fundamental rights then it should be adjudicated by a constitutional bench. Barrister Ali Tahir noted that in its verdict in the Attock Cement case, the court has ruled that a regular bench can also decide the constitutional status of any law. The bench later issued notices to the respondents including the federal government asking them to submit their replies in two weeks. Separately, a single-member bench of the Lahore High Court (LHC) comprising Justice Farooq Haider on Monday also sought repliesby March 5from the concerned quarter on a plea seeking declaration of different sections of PECA (Amendment) Act, 2025 ultra vires the Constitution. PFUJ Secretary General Rana Azeem, Punjab Assembly Leader of Opposition Malik Ahmad Bachar and Abdullah Malik advocate filed this petition through advocate Azhar Siddique contending that these provisions are incompatible with the democratic principles and protection of fundamental rights. They submitted that the recent amendments to PECA represent a significant shift towards increased government control over online content and a potential threat to freedom of expression in Pakistan. "The broad and vague definitions within the law, coupled with severe penalties, create an environment of fear and self-censorship among journalists and the public.
Express Tribune
10-02-2025
- Politics
- Express Tribune
SHC issues notice, seeks govt response over PECA Act petition
Listen to article The Sindh High Court has issued a notice to the federal government and sought a response regarding a petition against the PECA Act within two weeks. The two-member bench, led by Chief Justice of Sindh High Court Justice Mohammad Shafi Siddiqui, heard the petition challenging the PECA Act. The court inquired, "What is wrong with this law? Shouldn't anyone who spreads false news face punishment?" The petitioner's lawyer, Barrister Ali Tahir, raised the fundamental question of who determines what is false or true. Chief Justice remarked that not all decisions are made by the courts; some are made by authorities. "You also have the right to appeal against the authorities' decisions." Barrister Ali Tahir argued that such decisions should be made by the court as they involve fundamental rights. The Chief Justice responded, saying if this is a matter of fundamental rights, then the case should be heard by a constitutional bench. Barrister Ali Tahir cited the Attock Cement case, where the court had decided that regular benches could review the constitutional validity of any law. The court issued a notice to the federal government and directed that a response be submitted within two weeks, adjourning the hearing for two weeks. Earlier, Pakistan Tehreek-e-Insaf (PTI), along with civil society and journalistic organisations, challenged the PECA Amendment Act 2025 in the Lahore High Court. Opposition Leader of the Punjab Assembly, Ahmed Bachhar, along with others, filed the petition against the PECA Act 2025 through Advocate Azhar Siddique. The petition has named the provincial government, the Chief Secretary, and others as respondents. The petition argues that the PECA Amendment Act violates Article 19-A of the Constitution. It states that the Act does not define "fake news," allowing authorities to label any news as fake and take action on political grounds. According to the petition, the amended Act requires journalists to disclose their news sources, which is a violation of journalistic ethics. The petition requests the court to declare the PECA Amendment Act unconstitutional and annul it. Additionally, it urges the court to halt any actions under the Act until a final decision is made.
Express Tribune
08-02-2025
- Politics
- Express Tribune
SHC seeks arguments on plea against PECA
KARACHI/ISLAMABAD: A division bench of the Sindh High Court (SHC) on Friday sought more arguments on the admissibility of a petition against the Prevention of Electronic Crimes Amendment Act (Peca), while another petition was filed in the Islamabad High Court (IHC) against the legislation. The SHC bench, led by Chief Justice Muhammad Shafi Siddiqui, took up the petition against Peca amendments. Barrister Ali Tahir, the lawyer for the petitioner, informed the bench that they had challenged sections 2R and 26A of Peca. The lawyer said that the Section 26A criminalised the transmission and receipt of information by declaring it "false and fake". He added that sections G and H of the act used the words "false, fake and misrepresentation" in a very vague manner. He said that sections 2R and 26A were in violation of the articles 19 and 19A, and the fundamental rights given in the Constitution. He added that Articles 19 and 19A of the Constitution granted every citizen the right to freedom of expression within reasonable limits. The chief justice asked the lawyer what was the harm in removing illegal and objectionable contents from social media. Barrister Ali Tahir replied that under Peca, the authority would use "judicial powers" to determine which content was objectionable and should be removed. The chief justice further remarked that what was wrong if an institution enforced compliance with the laws of the country. Barrister Ali Tahir raised the issue of restrictions on some social media platforms. He cited the closure of X in Pakistan and said that journalists had been disappeared in the past. He said that after the Peca amendments their problems would multiply. The chief justice remarked that the petition before the court was not about the disappearance of journalists. He asked the lawyer to satisfy the court that this petition was admissible, and adjourned the hearing till Monday.
