Protection or silencing the people?

“We will use all constitutional means to block this unconstitutional move”

Marriyum Aurangzeb, PML-N leader

he PECA Ordinance 2022 is a draconian law aimed at gaging the freedom of expression of the people on the internet. That being said, we will not let it go and along with democratic forces, media organisations and the legal fraternity will jointly resist it. Pakistan Muslim League Nawaz (PLM-N) has decided to challenge this new law at Islamabad High Court (IHC) and our party’s chairperson and National Assembly Leader of Opposition Shahbaz Sharif has directed Senator Azam Nazir Tarar to file writ petition at the IHC. We are contesting the law as we believe this is a move to silence the voices of dissent and the media, as Pakistan Tehreek-i-Insaaf (PTI) government wants to hush up all their wrong doings. Therefore, the PECA Ordinance is being introduced mainly to harass the media, civil society and social media activists.

We will use all constitutional means to block this unconstitutional move by the PTI government, which has been trying to impose an autocracy in the country where PM Imran Khan and his cronies would be allowed to silence all those voices who expose their mal-governance and blatant corruption. It is shocking to note that even before defining the nature of crime the Ordinance has given the details of the punishment for the crime. The definition of fake news and the focus on the punishment, are a means to gag the media, which shows how PTI government is frightened about its misdeeds. This new law is really just a rephrased version of the infamous Pakistan Media Development Authority, which federal government had tried to introduce to monitor the media but had to bow out in the face of strong opposition from the media and civil society.

The PML-N along with democratic forces will not only resist this draconian ordinance at all available forums, but will also not bow down to the forces of tyranny and coercion. We will not let them usurp the people’s freedom of speech and expression. I am confident that we will win this battle just as we have in the past against the dictators who too had tried to silence media and voices of dissent in the country.

Mark my words we will not bow down and fight the matter to its end and refute all the moves of the PTI government to gag media. Even the people from within the Federal Cabinet have rejected the PECA Ordinance with one of the Federal Minister even having written a letter to the PM to take back this Ordinance.

However, at this stage it’s too late for the government to put its house back in order as its days are numbered. It is predicted that the government will sent packing within the next 15 to 20 days, and all their moves to gag the media and the people’s freedom of speech will go with them.

“Slander against a person is a serious crime under the Islamic law”

Fawad Chaudhry, PTI leader

he defamation law that currently exists – which is a civil law – has lost its effectiveness to check false allegations and slander against a person on social media, which needs to be monitored effectively in order to discover any cognizable offences. Levelling false allegations and partaking in slander against a person are serious crimes under Islamic laws,  as it is clearly stated in Holy Quran that levelling false allegations against women is a big offense. So in my view bringing slander and false allegations under the Code of Criminal Procedure under the new Prevention of Electronic Crimes Act, 2022 is not wrong.

I acknowledge that we should focus on developing such a mechanism that ensures that the law is not being misused. However, demanding the annulment of the Prevention of Electronic Crimes Authority (PECA) Ordinance, by Journalist bodies and people from some segments of society, is not justified in any case. I think the criticism from media bodies on PECA Amendment Ordinance is baseless and unfounded as they were demanding its abrogation which in my view could not be accepted. How would they justify allowing people full freedom to level false and baseless allegations against others and play with their respect and honour on social media?

The aim of introducing amendments in the PECA is to make it effective. There are around one million complaints pending at the Federal Investigation Agency (FIA) Cyber Crime Wing under the PECA and not even a single case has been decided so far. So the goal of the amendment is to make these laws effective, as only then could they save the people from fabricated onslaught against them on social media. Unfortunately, due to ineffectiveness of a number of existing laws, the practice of flouting laws is common. What is needed to make laws strong and flawless is establish a true rule of law in the country, so that no one can even think of violating the law as they do now. With the same spirit the Federal Cabinet has allowed making defamation on social media a punishable crime.

The amendments introduced in the PECA through the promulgation of an ordinance is aimed at making it more effective, as under the existing law no swift action could be taken against any person involved in launching vilification tactics or insulting someone on social media.

The federal government has sought out to do is place checks and balances against people using false and derogatory allegations against someone on social media by making it a cognizable offence as the existing defamation law and even PECA had failed to serve the purpose. I hope that the parties demanding the annulment of the PECA Amendment Ordinance realise that this is a common good and come forward to help government develop a mechanism where the law could not be misused. I firmly believe that nobody supports the use of slander and false allegation against anyone on social media, so this law will be beneficial for everyone.

“PTI doesn’t want to hear criticism on its policies and
poor-governance”

Qamar Zaman Kaira, PPP leader

ndoubtedly the PECA Ordinance is a draconian law meant to silence the voices of dissent and criticism against the ruling PTI but, the Pakistan Peoples Party (PPP) will not let it go and resist it tooth and nail. The amendments introduced in the PECA law shows the mindset of PTI politicians towards democracy and freedom of speech, as they don’t want to hear criticism on its policies and poor-governance.

In its actuality, this ordinance is a complete negation of Article 19 of the Constitution of Pakistan, which  guarantees the freedom of speech and press. However, the opposition, along with the civil society, media and law fraternity will not let the PTI government gag and intimidate the voices of dissent in the society. The PPP has a long history of struggle for the rights of people including their freedom of expression and you will see it once again in the forefront of the fight against this draconian ordinance remaining within the Constitutional precincts.

When looking at it from a purely legal perspective, the Ordinance in itself is contradictory and vague increasing the chances of its misuse, as it is hard to draw distinction between fake news and opinion. This will provide a great leverage to the government to target its opponents under this flaw-full ordinance. The amendment in Section 20 of PECA through this Ordinance that makes the offense under it non-bailable also enhances the government’s power of manipulation and abuse.

Furthermore, the move of the PTI government was not even approved by its coalition partners, given the letter to the PM by a federal minister. Additionally, the mala fide intention of the federal government can easily be judged well from the fact that instead of bringing amendment to the PECA law in the Parliament, the Centre chose to introduce it as an ordinance. This is because they knew it well that such a draconian law could never sail through the Parliament. I am confident that the superior judiciary will strike this Ordinance down, while on political front PPP will join civil society activists, social media activists and media persons to pressurise government to withdraw it.

The track record of PTI government regarding civil liberties and human rights is quite disappointing. The targeting of media persons criticising government policies is a routine practice and a number of media persons, even those who are expressing their views on social media, have been thrashed and intimidated by the government.

With the introduction of such a problematic ordinance, media personel, social media users, and social media activists have been made increasingly more vulnerable to abuse as they can be charged with spreading ‘fake news’ and put behind bars. Where freedom of expression is concerned, Reporters Without Borders, an international organisation working to protect the rights of media personel, ranks Pakistan at 145 of 180 countries on its list. Now with the introduction of laws like the PECA Ordinance the country will find its ranking slipping further down the ladder.