ISLAMABAD: The government aims to boost its cybercrime laws to regulate social media content through an amendment to the Prevention of Electronic Crimes Act (Peca) 2016 which would allow it to address lacunae, especially in instances where state institutions are defamed.
The intention to amend Peca was recently revealed by Sajid Mehdi, parliamentary secretary of the cabinet division, in the National Assembly. He had said the government was planning to upgrade the law as the Pakistan Telecommunication Authority (PTA) had limited capacity to counter cybercrimes.
“We have tried to block VPNs and blocked X (Twitter), but the matter is more serious and the prime minister has formed a task force to look into the weaknesses and shortcomings in Peca 2016, these need to be corrected,” he said in response to a calling attention notice about fake news on social media. Another motivation to bring this amendment is swift justice, according to Mr Mehdi.
In a similar statement, Shaza Fatima, Minister of State for IT and Telecom, said the government was working for speedy trial of those responsible for violation of cybercrime laws.
Insider says Peca amendment to remove ‘lacunae’ in law, allow swift trials
However, a move to bring such cases to a swift conclusion through a dedicated tribunal is already in limbo. The notification for the ‘Establishment of the Telecommunication Appellate Tribunal’ was published on September 28, 2024, but the law ministry has not notified its formation despite the passage of three months. The tribunal was proposed by the PTI in March 2020 and in December 2023, the Ministry of Law and Justice formally notified the ‘Telecom Appellate Tribunal Ordinance’ passed by then president Dr Arif Alvi. But the ordinance lapsed since it could not be tabled in parliament.
Speaking to Dawn, an official of the interior ministry said that the law ministry was in the process of establishing the appellate tribunals for cases filed under Peca 2016, which would allow swift trials.
Regarding the amendments to Peca, the official added that the “most serious” lacuna in the cybercrimes law was that there was no punishment for online defamation against the state institutions.
Section 37 of Peca 2016 titled ‘Unlawful Online Content’ states: “The authority shall have the power to remove or block or issue directions for removal or blocking of access to an information through any information system if it considers it necessary in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, public order, decency or morality, or in relation to contempt of court or commission of or incitement to an offence under this Act.”
“While those who feel offended (for content against) the glory of Islam file cases under blasphemy laws (of the Pakistan Penal Code), but there is no punishment for online defamation of state institutions, and the prime minister has instructed for insertion of clauses for awarding punishments over such mischiefs,” the official added.
The confusion surrounding the means to combat cybercrimes is evident from the fact that the government within seven months took a U-turn on its decision to establish a dedicated cybercrime body.
This decision had rendered legally inoperative the cybercrime wing of the Federal Investigation Agency (FIA) which under Peca 2016 deals with defamation and online crimes against women and children.
The new body was disbanded last week and the powers of the FIA were reverted.
Experts, however, believe Peca 2016 is a rigorous legislation, as the government has been able to impose “self-censorship” on content creators as well as mainstream media through such measures.
They also referred to the recent registration of cases by the FIA against social media activists and journalists.
“But the main issue seems to be confusion on the part of the government and the current internet governance was also not transparent,” said Haroon Baloch, of Bytes for All, an Islamabad-based think tank focused on Information and Communication Technologies. On the other hand, Nasir Zaidi, a senior member of Pakistan Federal Union of Journalists, said that fake news was a matter of concern but it could not be countered through force.
Published in Dawn, December 15th, 2024
