FIA barred from making arrests under latest cyber defamation laws

ISLAMABAD: The Islamabad High Court (IHC) on Wednesday stopped the Federal Investigation Agency (FIA) from arresting suspects under section 20 of the Prevention of Electronic Crimes (Amendment) Act Ordinance, 2022.

President Dr Arif Alvi promulgated over the weekend an ordinance to amend the Prevention of Electronic Crimes Act (PECA), 2016, increasing prison sentences for people found guilty of making slanderous comments on the internet or in the media and making it a non-bailable, cognisable offence.

The act was originally legislated by the Pakistan Muslim League-Nawaz (PML-N) government of now-deposed prime minister Nawaz Sharif in 2016. The party used its numerical majority in the National Assembly to push through the bill amid protests by the opposition MPs and civil society organisations.

While conducting a hearing on a petition moved by the Pakistan Federal Union of Journalists (PFUJ) to challenge the ordinance, which the government insists was introduced to make them more suitable for the Internet age, the court said the director-general of the agency will be held responsible if detentions were made under section 20 of the ordinance.

The court further strictly ordered to follow standard operating procedures (SoPs).

Chief Justice Athar Minallah of the high court observed that even countries such as Zimbabwe and Uganda were also removing defamation from their criminal laws.

Earlier, the union of journalists challenged the laws in court, maintaining the Constitution protects and promotes the right to freedom of expression.

Media is being pounced on in the tenure of the government of Pakistan Tehreek-i-Insaf (PTI) as contentious restrictions were imposed on the journalists, the plea declared.

PM URGED TO REVIEW LAWS

Meanwhile, Minister for Information Technology and Telecommunication Syed Aminul Haque, an MP of the Muttahida Qaumi Movement-Pakistan (MQM-P), has urged Prime Minister Imran Khan to withdraw the ordinance and hold a consultation with stakeholders on the matter.

In the letter, submitted to the prime minister today, the minister pointed out “the media community is deeply concerned and restless about the latest amendments to the Peca ordinance.”

He said the announcement of the amendments had drawn widespread condemnation and the ire of media bodies and the journalistic community as a whole.

“The media is the fourth pillar of democracy and each government enjoys a unique relationship with the media. It is through the media that a government is able to project its image to the public,” it observed.

“By pushing forward with these amendments without consulting the relevant stakeholders, in this case, media practitioners, the government will stoke anger and resentment within the journalistic community.”

Haq said media bodies and journalists announced to resist the ordinance at every forum. “I, therefore, urge you strongly to pay heed to the ous voice of protest against the PECA amendments and launch a consultation process with the civil society and the media community at the earliest.”

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