IHC strikes down ‘unconstitutional’ PECA amendment ordinance

ISLAMABAD: The Islamabad High Court on Friday nullified the Prevention of Electronic Crimes Act’s amendment ordinance by declaring it unconstitutional, and ‘invalid beyond reasonable doubt’.

President Dr Arif Alvi promulgated an ordinance on February 20 to amend the PECA 2016, making online defamation a non-bailable, cognisable offence and giving more powers to the FIA. Under the amended laws, the jail term for defamation was also increased from three years to five years.

IHC Chief Justice Athar Minallah issued the orders while hearing a petition filed by the Pakistan Federal Union of Journalists (PFUJ) challenging the Prevention of Electronic Crimes (Amendment) Act Ordinance 2022.

In the amendment bill, Section 20, which pertains to registration of complaints against individuals by aggrieved parties over defamation, was a non-bailable criminal offence.

Read more: IHC bars FIA from arresting suspects under PECA’s Section 20

The controversial bill was opposed by members of the civil society and political parties for infringing on the civil liberties of citizens. Federal Information Technology Syed Aminul Haq, who belongs to the MQM-P, had written a letter to Prime Minister Imran Khan, saying that that he did not agree with the amendments as the government did not take the stakeholders into confidence.

He added that the provision for arrest without bail and a lack of interpretation of “fake news” in the amendments had led to unrest in the country. “It would have been better if the stakeholders were consulted for this,” he added.

Haq wrote that journalism was the fourth pillar of the State and every government had enjoyed its relations with the media. However, he added, the ordinance had drawn the media’s ire.

Read More: PML-N submits resolution in NA to repeal PECA Ordinance

He said although his party was the government’s ally, but it still believes in fighting for the rights of the people. “Therefore, the MQM-P cannot support such laws,” he added.

The minister warned that the ordinance carried the threat of withdrawal of public support for the government. He hoped that PM Imran would come up with new amendments following consultations with the relevant stakeholders.