ISLAMABAD: The Islamabad High Court (IHC) on Monday sharply questioned the mechanism introduced in the amended Prevention of Electronic Crimes Act (PECA) for determining what constitutes “fake news,” with a judge asking who would decide whether information is false and how such proceedings would even begin.
Justice Raja Inaam Ameen Minhas raised the concerns while hearing petitions filed by journalists’ bodies and senior journalists challenging the controversial amendments, which they argue undermine freedom of expression and hand sweeping powers to the executive.
The petitions have been moved by senior journalist Hamid Mir, the Pakistan Federal Union of Journalists (PFUJ), the Islamabad High Court Journalists Association (IHCJA) and others.
During the hearing, counsel for the petitioners read out newly inserted provisions of the amended law and contended that powers traditionally exercised by the judiciary had effectively been transferred to the executive. He argued that questions relating to the determination of fake or false information should be decided by an independent judicial tribunal, constituted in consultation with the chief justice of Pakistan, rather than executive authorities.
Referring to Section 2C of the amended law—which deals with a ban on fake and false information on social media—Justice Minhas posed a series of pointed questions.
“Who will decide whether the information is fake or false?” he asked. “Explain how fake news will be determined. How will proceedings regarding fake news begin?”
In response, the petitioner’s counsel submitted that the amended law had introduced a new complaint mechanism allowing not only an aggrieved person but also a third party to initiate proceedings. He warned that this provision could be exploited through proxy complainants, leading to widespread misuse.
He further argued that not every incorrect statement amounted to disinformation and that actual harm caused by the alleged fake information must be assessed. “Fake information can also be the result of an error that does not cause harm to anyone,” he said.
During the proceedings, Rawalpindi-Islamabad Union of Journalists (RIUJ) President Asif Bashir Chaudhry also addressed the court. He told the bench that PFUJ had approached the IHC against PECA on February 6 last year, but the case had remained pending without any stay order.
He claimed that in the meantime, more than two dozen journalists had been sentenced to life imprisonment and referred to a case registered against a journalist who reported the use of substandard material in road construction—a road that was later demolished prematurely.
Justice Minhas observed that the matter concerned legislation passed by parliament and reiterated that such a law could not be suspended through an interim order.
“This is legislation. It cannot be suspended through an interim order,” he remarked, adding that the court would decide the matter after hearing detailed arguments from all sides.
The hearing was adjourned until March 6.
Since its introduction in 2016, PECA has been widely criticised as a “black law” used to stifle dissent. Amendments passed last year introduced harsher penalties for what the government terms “fake news,” expanded state oversight of digital platforms, and created new regulatory bodies to monitor social media.
At the time, Amnesty International warned that the changes could further tighten the government’s grip on Pakistan’s already heavily controlled digital space, while the Human Rights Commission of Pakistan (HRCP) cautioned that the amendments would curb fundamental rights.
In August 2025, the Senate Standing Committee on Information and Broadcasting had also voiced concern over the registration of cases against journalists under PECA and called for urgent steps to address growing fears among media professionals over FIRs and arrests.
