Latest news with #PreventionofElectronicCrimesAct
Express Tribune
6 days ago
- Politics
- Express Tribune
IHC issues last warning to respondents in PECA case
The Islamabad High Court (IHC) on Wednesday issued last warning to the ministries of law and information technology, the FIA and the PTA to submit their replies in petitions challenging the controversial amendment to the Prevention of Electronic Crimes Act (Peca). Justice Inaam Ameen Minhas stated that the court would proceed with the case even if responses were not filed. The IHC heard joint petitions filed by the Pakistan Federal Union of Journalists (PFUJ), anchorpersons and journalist bodies. During the hearing, Justice Minhas remarked he believed that this case would take a long time and suggested scheduling it after Eid. Advocate Imran Shafique argued that the federal government had only submitted replies through the ministries of interior and information but not from the Ministry of Law and Parliamentary Affairs or the PTA. He further noted that the government had filed an unusual reply questioning the court's jurisdiction, claiming that after the 26th Constitutional Amendment, only a constitutional bench of the high court could hear this case. Advocate Shafique rejected the government's argument, calling it an attempt to delay the proceedings. He pointed to a second objection that cited a Quranic verse, suggesting that one should verify information before sharing it. "People are being booked in FIRs and the court should expedite the case," he argued. Justice Minhas questioned whether journalists were currently able to report news freely. He asked whether any news was being blocked or anyone was stopping from giving or publishing news. Advocate Raisat Ali Azad requested the court to issue a stay order to prevent journalists from being arrested or having FIRs registered against them for reporting news.
Business Recorder
7 days ago
- General
- Business Recorder
Challenging JIT under PECA: IHC dismisses PTI leader's plea
ISLAMABAD: The Islamabad High Court (IHC), Tuesday, dismissed Sheikh Waqas Akram's petition challenging the Joint Investigation Team (JIT)'s notice issued to him under Prevention of Electronic Crimes Act, 2016. The JIT has summoned the Pakistan Tehreek-e-Insaf (PTI) leader to investigate about the party's alleged social media campaign against the state institutions. The case was fixed before a single bench of Justice Inaam Ameen Minhas on Tuesday. The case was called twice, but neither Sheikh Waqas nor his counsel appeared before the Court, the judge; therefore, dismissed the petition for non-prosecution. The petition filed by PTI leader, Sheikh Waqas Akram, through Barrister Muhammad Umer Riaz challenging the JIT and the proceedings of PECA against him. The petitioner has challenged the JIT notification dated 26.07.2024 terming it illegal, unlawful, and in violation of Section 30 of the Prevention of Electronic Crimes Act, 2016, and Schedule VII of the Prevention of Electronic Crimes Investigation Rules, 2018. The petitioner contended that the impugned notification is illegal and unlawful, asking to appear before JIT, constituted under Section 30 of the Act of 2016 and Schedule VII the Rules, 2018. He submitted that Section 30 of the Act of 2016 provides certain conditions for formation of JIT to investigate the offence under the Act of 2016. He contended that this offence is neither defined nor covered under the notification dated 26.07.2024. He also stated that, as per the impugned notification, the Inspector General of Police of ICT, Islamabad, is heading the JIT, which is a complete violation of Section 2 of PECA 2016. The petitioner stated that Rule 16 is very clear that a time-frame for the offence ought to be mentioned in the notification, whereas, in this notification, no such thing is mentioned. He argued that, since the agency has already been established, there was no need to formulate a JIT, which is in violation of Section 29 of the PECA Act 2016. The JIT is investigating 16 individuals, including senior PTI leaders, for their alleged involvement in negative propaganda on social media. Meanwhile, a single bench of IHC Justice Muhammad Asif issued notices to the authorities in a petition seeking quashment of an FIR registered against former JI Senator Mushtaq Ahmed and his wife Humaira Tayyaba for allegedly violating Section 144 during the Gaza protest. The bench directed all parties to submit their responses by today (Wednesday). Police detained the former senator, his wife and other demonstrators were arrested for participating in a protest held outside the Islamabad Press Club against the ongoing Israeli atrocities in Gaza, and the case was registered at Kohsar Police Station on May 30 as the protest was deemed a violation of Section 144. Copyright Business Recorder, 2025
Express Tribune
29-05-2025
- Express Tribune
YouTuber denied bail by court
An additional sessions court of Lahore on Wednesday dismissed the pre-arrest bail application of Haseeb Sajjad Khan, host of a YouTube channel, in a case involving allegations of cyber defamation and harassment. The case, registered at the FIA Cyber Crime Wing, Lahore, stems from a controversial interview Khan conducted with co-accused Dr Omar Adil. During the interview, Adil allegedly made derogatory remarks against the complainant, Ayesha Chaudhry. The interview, later uploaded to Khan's channel, gained widespread attention online, prompting Chaudhry to lodge a complaint under Sections 21 and 24 of the Prevention of Electronic Crimes Act (PECA) 2016 - pertaining to cyber defamation - as well as Sections 509 (insulting the modesty of a woman) and 109 (abetment) of the Pakistan Penal Code (PPC). Khan's counsel, Advocate Zain Qureshi, argued that his client merely facilitated the interview and openly criticised Adil's offensive remarks, claiming that Khan bore no direct responsibility for the defamatory content. However, Judge Muhammad Suleman Ghumman ruled that Khan, by choosing to upload and promote the video, played a role in disseminating the content.
Express Tribune
22-05-2025
- Express Tribune
Man jailed over online bomb-making search
An Anti-Terrorism Court (ATC) has sentenced a man to two-and-a-half year in prison for seeking guidance on bomb-making via Instagram, following a tip-off from the United States Federal Bureau of Investigation (FBI). The court also imposed a fine of Rs50,000 on the convict. The court found Hanan Abdullah, a resident of Village Marjal in Tehsil Zafarwal, District Narowal, guilty under Section 21-C(3) read with sub-section (6) of the Anti-Terrorism Act (ATA) 1997. However, it acquitted him of charges under Section 12 of the Prevention of Electronic Crimes Act (PECA) 2016 due to insufficient evidence of further planning or intent to carry out an act of terrorism. In his judgment, the ATC judge noted that while Abdullah had contacted another Instagram user — allegedly based in Iraq — to seek guidance on the components and ratios required to make a bomb, no additional evidence was presented that he planned to use this information or pass it on to others. "The prosecution has only been able to prove that the accused sought guidance. In the absence of any planning or dissemination, the maximum punishment is not warranted," the court observed.
DW
21-05-2025
- Politics
- DW
Is Pakistan's cybercrime law silencing dissent? – DW – 05/21/2025
Pakistan's crackdown on online disinformation has drawn criticism from rights groups, who say the law is being used to silence critical voices — especially journalists. Since Pakistan strengthened laws targeting online content earlier this year, human rights groups and digital rights advocates have raised renewed concerns about the country's press freedom. The amended Prevention of Electronic Crimes Act (PECA) criminalizes the intentional dissemination of false information online that could incite fear, panic or unrest. Journalists are alarmed about the potentially wide reach of the law, which allows authorities to imprison social media users for up to three years for spreading disinformation and issue fines of up to 2 million rupees ($7,121 / €6,822). Journalists detained under PECA law Just months after the PECA legislation was enacted, journalists Farhan Mallick and Waheed Murad were detained. Murad, a reporter with Saudi-owned Urdu News, was arrested during a nighttime raid at his residence for allegedly disseminating "online disinformation" before being granted bail. "The law has been misused in a way that they pick up journalists prior to filing a case against them. The same procedure was followed in my case," Murad told DW. US press freedom no longer a matter of course under Trump To view this video please enable JavaScript, and consider upgrading to a web browser that supports HTML5 video Mallick, founder of Pakistani internet media channel Raftar, was also arrested for "generating and disseminating anti-state publications and videos, with the aim of spreading disinformation and inciting public violence." Mallick's lawyer Abdul Moiz Jaferii told the AFP news agency that he was released on bail after offering 100,000 rupees for each of the two cases he was charged with. Both journalists had reported on the alleged role of Pakistan's powerful military that has ruled the country for much of its 77-year history, an institution that many mainstream media are careful to avoid criticising. Among the accusations against Murad is sharing an investigation into a military general on Facebook. The same week, two brothers of exiled journalist Ahmad Noorani were "forcibly disappeared" from their home after he wrote about the growing influence of the powerful military chief's family, according to press advocacy group Reporters Without Borders, also known by its French acronym RSF. 'Lack of consultation' condemned Imaan Mazari, a lawyer and activist who recently represented several journalists and activists charged under PECA laws, said "we have seen enforcement of the amendments of PECA primarily against journalists and dissidents." "The state is not satisfied with its complete control over the mainstream media and so itqs desperate and short-sighted attempts to suppress social media continue," Mazari added. Legal expert on cybercrime Osama Malik, termed the PECA laws "draconian." "These laws are impinging on journalistic freedom. Journalists who fall foul of these laws have to deal with excessive litigation and also the cost of [obtaining bail] in different parts of the country," asserted Malik. Courage is essential in the fight for freedom of expression To view this video please enable JavaScript, and consider upgrading to a web browser that supports HTML5 video Press freedom groups have expressed concern that the government did not consult them before enacting such strict laws. "We wanted to discuss this law with the government but they did not take us on board," said Afzal Butt, president of the Pakistan Federal Union of Journalists. The Pakistani government says the law is necessary to limit the spread of disinformation. Azam Nazir Tarar, Pakistan's Law Minister, defended the law as a "living document" and "everywhere in the world there are laws for sensationalism." "There are certain limitations in the constitution of Pakistan regarding freedom of expression," Tarar told DW, adding that "the parliament's role is to legislate, and it is the executive's duty to check the misuse of the laws." Controlling the narrative? "Certainly, this law is made to control the criticism of state narrative and you cannot even question the government acts and you will be silenced and if you speak you will be picked up by the police," said Sehrish Qureshi, a journalist and press freedom advocate who is the joint secretary of National Press Club in Islamabad. Media workers have borne the brunt of what many have described as an increase in state censorship as more people turn to social media for news. Legal expert Malik, however, believes that the so-called deep state — a veiled reference to the country's powerful military — is partially controlling the narrative through the PECA laws. "The deep state is finding it difficult to control journalists who use YouTube to disseminate their views," said Malik, underlining that this is particularly the case with YouTube creators operating from outside Pakistan. "The state tries to harass their family members who remain ... in Pakistan," he added. "A controlled democracy is not a true democracy, and there can be no true democracy without freedom of information," said Malik. "This law will stifle journalism to the point where new journalists ... will no longer know what truly independent journalism actually is." Malik suggested the law "could be the proverbial death knell for democracy, and it would take a long time for Pakistani constitutional democracy to recover from this blatant subversion." Pakistan is ranked 158th out of 180 countries in RSF's press freedom index. Turkish reporters covering anti-Erdogan protests face trials To view this video please enable JavaScript, and consider upgrading to a web browser that supports HTML5 video Edited by: Keith Walker
