Anchorpersons challenge Peca tweaks in IHC
By Malik Asad
2025-02-08
ISLAMABAD: Television anchors filed a petition in the Islamabad High Court on Friday, challenging recent amendments to the Prevention of Electronic Crimes Act (Peca) and seeking to have it declarednulland void.
Anchorpersons Hamid Mir, Naseem Zahra, Adnan Haider and Amir Abbas submitted the petition through Islamabad High Court Bar Association President Riasat Ali Azad and Advocate Imran Shafiq.
The petition argued that the amendments violated fundamental rights, especially those related to freedom of speech and press freedom. The petitioners contended that the amendments granted excessive powers to authorities, potentially leading to censorshipand suppression of journalistic independence.
Legal experts have also expressed concerns about the vague and broad provisions of the amended law, which could be used to target journalists and media professionals.
On Thursday, a faction of the Pakistan Federal Union of Journalists filed an identical petition before the IHC, challenging the amendments to Peca 2025.
The petitioner contended that several provisions of the amended law were overly broad, vague, and susceptible to arbitrary enforcement, posing a threat to civil liberties. Key objections included the ambiguous definition of `social media platforms`, which could be extended to various online services, and provisions regulating `unlawful` and `offensive` content that are subjective and prone to misuse.
The petition also raised concerns about restrictions on criticism and dissent under the guise of preventing `aspersion`.Furthermore, the petition pointed to the extensive powers granted to the regulatory authority under Chapter 1-A, particularly sections 2C and 2B, which allowed the removal and blocking of online content without adequate oversight.
The establishment of the Council and Tribunal under sections 2(T) and 2(V) has been criticised for lacking independence and impartiality.
Additionally, the petition argued that the amendment contradicted fundamental rights enshrined in Articles 2-4, 8, 10A, 14, 18-19A, 25, 33 and 37-38 of the Constitution. It asserted that the amended law disproportionately affected journalists and media professionals, potentially stifling press freedom and investigative reporting.
The petition requested the court to declare the Prevention of Electronic Crimes (Amendment) Act, 2025, unconstitutional and void, while seeking an immediate injunction to prevent its enforcement, particularly against journalists.