PECA Amendments in Pakistan: Protection or Persecution?
Waqas Naeem
Islamabad: The recent enactment of amendments to the Prevention of Electronic Crimes Act (PECA) has reignited the debate on threats to online expression in Pakistan. Journalists and digital rights defenders, rightfully skeptical of online regulation based on past experiences, have launched a protest against the restrictive legislation.
The PECA amendments, claimed to be designed for addressing “cyber threats” and “issues such as hate speech, misinformation and content inciting violence or harm”, are dangerous because they place unchecked power in the hands of state authorities and put an undue burden on Internet users to modify their behaviour against impossible standards of online conduct.
A major challenge in regulating online disinformation and hate speech is the lack of both clear definitions and judicial oversight. PECA lacked specificity in framing offences and the 2025 amendments make the categories of “unlawful and offensive” content even broader.
The newly introduced criminal offence for sharing false information leaves the most important aspects of content regulation – the adjudication of intent and the verdict of declaring any information patently false – at the hands of an opaque system of government-appointed regulators and executive tribunals.
Not only does this eliminate judicial scrutiny, it also means that anyone anywhere can accuse someone for illegal online activity and anyone anywhere can get punished for sharing what the government decides to be disinformation. This will most likely lead to arbitrary enforcement, creating serious risks for independent journalism, critical commentary and dissenting opinions in the country.
While this means that those in power might protect themselves, the average citizens of Pakistan will most likely remain exposed to actual or anticipated harms from disinformation and hate speech. These apprehensions about the future are lent credence by past experience.
Between 2016 and 2024, the selective enforcement of PECA to target online dissent prevented authorities from actively pursuing perpetrators of hateful narratives against women, minorities, religious sects and ethnic groups.
Freedom of expression is a fundamental human right, enshrined in Pakistan’s Constitution under Article 19, and recognised globally through instruments such as the Universal Declaration of Human Rights and the International Covenant on Civil & Political Rights, to which Pakistan is party and has committed to upholding as part of its trade relations with European countries.
However, this freedom is not absolute and subject to certain “reasonable restrictions” within the constitutional framing – not an ideal scenario but one that can be dealt with sensitively. The key is ensuring that any restriction is proportionate, transparent, and narrowly tailored, as suggested by global best practices on social media regulation. The PECA amendment fails to uphold transparency, proportionality and necessity for content regulation.
In Pakistan, where societal sensitivities and diversity coexist with a demand for free speech, striking a balance between regulation of false or hateful speech and safeguarding the freedom of expression requires a nuanced approach, combining regulatory measures, stakeholder collaboration, and robust Internet governance frameworks.
The government should develop clear, universally applicable definitions of disinformation and hate speech in consultation with legal experts, civil society, media, academia and technology companies.
Content takedown decisions should require independent judicial approval, in order to prevent abuse and misuse of authority by executive-appointed tribunals and regulators. Judicial oversight can ensure that enforcement of regulations on disinformation and hate speech laws is legal, necessary, proportionate, non-discriminatory, and aligned with human rights standards.
Platforms such as Facebook, Twitter, and YouTube play a significant role in moderating online content. Pakistan’s regulatory framework should require these platforms to publish transparency reports detailing how they identify, review, and remove disinformation campaigns and hate speech to which Pakistani users are exposed or reported by users in Pakistan. Clear accountability mechanisms should also be established to ensure that platforms act responsibly while respecting users’ rights.
Pakistani policymakers must understand that addressing hate speech and disinformation is not the same as exacting political revenge. A meaningful response to these online issues requires the involvement of multiple stakeholders, including government agencies, civil society, academia, technology companies, and media organisations. Platforms such as the Internet Governance Forum (IGF) can serve as models for fostering dialogue and consensus among these groups.
A long-term solution to disinformation and hate speech lies in educating users about responsible online behaviour. The government must invest in digital literacy programmes that teach people how to identify disinformation and hate speech, avoid spreading harmful content, and engage respectfully in online discussions. Schools, universities, and community organisations can play a vital role in disseminating these programmes.
Already there are commendable efforts in the country in this regard, such as the UNDP Pakistan i-Verify fact-checking initiative in collaboration with the Centre for Excellence in Journalism at IBA and the Safe Digital Environment Programme outreach to university students for dialogues on critical thinking in online spaces. The scale and effectiveness of these interventions can further improve with support from the state and policymakers.
Since 2016, the environment of fear created by PECA enforcement has led to public distrust about attempts by successive governments to manage the Internet. Arbitrary Internet shutdowns, slow speeds, surveillance measures and app bans have further caused the public to lose confidence in regulatory measures. With the PECA amendments, Pakistan has taken another step towards closing its online space.
There is an urgent need for course correction. By adopting a balanced strategy that includes clear regulations, collaborative governance, and robust safeguards, the country can still protect freedom of expression while addressing harmful content.
The ultimate goal should be to create a digital space that fosters open dialogue, protects information integrity and ensures inclusivity, empowering all Pakistani citizens to participate without fear of harm or censorship.
The article is the writer’s opinion, it may or may not adhere to the organization’s editorial policy.
Waqas Naeem is a researcher and former journalist. He works in the development sector, with a focus on media systems and countering disinformation.
