File photo. Farooq Naeem—AFP
Public outrage over criminalizing public criticism of government, individuals on social media continues to mount
The Islamabad High Court (IHC) on Wednesday barred the Federal Investigation Agency (FIA) from making arrests under Section 20 of the newly promulgated Prevention of Electronic Crimes (Amendment) Act Ordinance, 2022, as criticism of the new restrictions on freedom of speech continue to mount.
Hearing a petition against the ordinance that was filed by the Pakistan Federal Union of Journalists (PFUJ), IHC Chief Justice Athar Minallah said the FIA had already submitted its standard operating procedures (SOPs) to the court, which had claimed no arrests would be made under Section 20 of the ordinance. “In case of violation of the SOPs, director general FIA and home secretary will be responsible,” he ruled.
Section 20 the PECA ordinance pertains to the registration of complaints against individuals, including institutions and government bodies, by any aggrieved parties over alleged defamation. Prior to the promulgation of the new ordinance, this was a bailable and civil offense, but has now been declared a criminal offense that carries a sentence of five years’ imprisonment unlike the previous three. The new ordinance has also, controversially, expanded the definition of a “person” to include any company, association or body of persons whether incorporated or not, institution, organization, authority or any other body established by the government under any law or otherwise.
Clubbing together all petitions filed against the new ordinance, the CJ also directed the attorney general to appear in the court on Thursday (tomorrow) and also sought a detailed record from the FIA.
During proceedings, the PFUJ’s counsel noted that the promulgation of the ordinance was suspect, as it was passed a few days after the Senate session was adjourned and a day before the National Assembly session was set to convene. “However, the session of the Lower House of Parliament was called off abruptly to pave the way for the promulgation of the PECA ordinance,” he said.
Public outcry
Since the PECA ordinance was promulgated on Sunday, there have been mounting calls from the opposition, civil society, and journalist bodies for the government to reverse it, declaring it a violation of constitutional rights to freedom of speech. In a letter, Information Technology and Telecommunication Minister Syed Aminul Haque—a member of the Muttahida Qaumi Movement—urged Prime Minister Imran Khan to withdraw the ordinance and hold consultations with relevant stakeholders.
Noting the concerns expressed by the media fraternity, he said the government’s unilateral imposition of the ordinance risked stoking “anger and resentment within the journalistic community.”
To avoid protests from media bodies, he advised the prime minister to launch a “consultation process with the civil society and the media community at the earliest.”
Opposition rejection
Pakistan’s major opposition parties, the PPP and the PMLN, have both announced they would challenge the PECA ordinance at every forum, describing it as a “fascist” law that seeks to silence criticism of the government online. Media bodies and bar council have also slammed the new legislation, calling it an attempt to gag press freedom. In addition to the IHC, the law has also been challenged in the Lahore High Court.
As the outrage mounted, Law Minister Farogh Naseem told a press conference last week that the law was necessary to avoid disinformation against individuals such as Prime Minister Imran Khan’s wife and the former chief justice of Pakistan. He had claimed allowing anyone to file a complaint on behalf of an aggrieved party was appropriate as it would expedite the process of ensuring “justice.”