File photo. Courtesy PID
Journalism bodies, opposition leaders condemn new amendments, noting defamation laws are intended to stifle free speech
President Arif Alvi on Sunday signed into law two presidential ordinances, with one allowing parliamentarians to address public meetings during electoral campaigns and the other making defamation on social media a non-bailable offense carrying imprisonment of up to five years.
A day earlier, Information Minister Chaudhry Fawad Hussain had announced that the two ordinances had been sent to the federal cabinet for approval. Following the cabinet’s go-ahead, the president signed the ordinances into law for the next 6 months, after which they would either need to be extended by Parliament; passed into law; or be considered nullified.
Election laws
The Elections Act (Amendment) Ordinance, 2022 seeks to introduce changes to Section 181 of the Elections Act, 2017 by adding a new section (A). Under the new law, any member of “Parliament, provincial assembly or elected member of local government, including member holding any other office under the Constitution or any other law,” would be allowed to address public meetings during electoral campaigns.
The law, per sources, seeks to alter the Election Commission of Pakistan’s code of conduct to allow parliamentarians to run election campaigns of their favored candidates in the country, as the incumbent government’s lawmakers were increasingly coming under fire for violating the rules.
The ECP has sent repeated warnings to the incumbent government, including Prime Minister Imran Khan, to not visit constituencies ahead of elections, as such activities are considered attempts at “pre-poll rigging” in the code of conduct. Earlier this month, it had fined federal minister Ali Amin Gandapur and barred him from attending any political gathering or corner meeting until the local government elections in Khyber-Pakhtunkhwa had concluded.
With the polls set to enter their second phase next month—and the Punjab local body polls slated to commence in May—the amendment paves the way for government leaders to head all campaigns for them.
PECA
The more controversial of the two ordinances is the Prevention of Electronic Crimes (Amendment) Ordinance, 2022, which seeks to declare defamation of any “person” a punishable offense and directs courts to wrap up all defamation cases registered under the Prevention of Electronic Crimes Act (PECA) within six months.
Under the ordinance, the definition of a “person” has been broadened to include any company, association, institution, organization, authority, or similar, virtually penalizing any public criticism. It states that anyone found guilty of attacking a person’s “identity” would be punishable with imprisonment of up to five years, instead of the current three years.
The ordinance also expands the definition of complainant to any “aggrieved person, his authorized representative, or his guardian, where such person is a minor, or a member of the public in respect of a public figure or a holder of public office.” This, essentially, allows any individual to file a complaint against any perceived defamation of any public office holder, placing further curbs on freedom of expression in the country.
According to the ordinance, all cases falling under PECA would be supervised by a high court and the trial court would have to conclude them within six months. “The court shall submit a monthly progress report of any pending trial to the concerned high court and shall give reasons for the inability of the court to expeditiously conclude the trial,” it states, adding that copies of these progress reports would also be shared with the law secretary if the case is registered in the Islamabad Capital Territory. If a case is registered outside of the federal capital, then copies of the report would be shared with the “provincial secretaries of prosecution departments, the prosecutor general or advocate general.”
If the trial court feels the case cannot be resolved within six months, the relevant high court has been authorized to provide extensions. The high courts have also been empowered to summon federal or provincial government officers to remove any “difficulties, hindrances and obstacles” to the case.
PECA was passed by the Pakistan Muslim League (Nawaz)-led National Assembly in 2016 amidst protest from the opposition, including the Pakistan Tehreek-e-Insaf that is currently in power. At the time, critics had voiced concern that the laws could be misused and would curb the freedom of expression in the country.
PMLN Vice-President Maryam Nawaz, in a posting on Twitter, claimed the laws passed by the PTI-led government would be used against Prime Minister Imran Khan and his team in the future. She also claimed these laws were meant to “silence the media and the opposition,” which was echoed by parliamentary leader of the Pakistan Peoples Party in the Senate Sherry Rehman, who said the law had little to do with ending disinformation and more with shutting down legitimate criticism of the government.
In a joint statement, the Joint Action Committee of Pakistan media—comprising the Pakistan Broadcasters Association; the All Pakistan Newspapers Society; the Council of Pakistan Newspaper Editors; the Pakistan Federal Union of Journalists; and the Association of Electronic Media Editors and News Directors—condemned the new amendments as a “blatant move to stifle media independence, freedom of speech, and dissenting voices.”
It said that all media bodies were ready to initiate legal action to “challenge any attempt to curb media’s independence and its right to raise voice against any steps to curb freedom of expression as guaranteed in the Constitution.” It added that the government’s goal appeared to be to push through “draconian” laws through presidential ordinances after bypassing Parliament and vowed to defend freedom of expression and people’s right to information.
Government defends
Addressing a press conference, Law Minister Farogh Naseem claimed the changed to PECA would not curb freedom of media, claiming it would merely “curb fake news.” He also claimed that the no one, not even the prime minister, would be exempt from the law’s applicability.
The amended ordinance, he admitted, allowed anyone from the public to become a complainant against defamation of any public office holder. “So it’s not necessary that anyone who’s being targeted [for defamation] comes forward and becomes a complainant,” he said. “I am not talking about genuine journalists but about those who want to create panic in the country and destabilize Pakistan,” he added, though there is no clause suggesting this in the actual ordinance.
Several in the media have suggested the amendments are motivated by the prime minister wanting to avoid all public commentary. This seemed to be borne out by the law minister, as he claimed that the new law would prevent the proliferation of “fake news” such as rumors about “our first lady and Prime Minister Imran Khan that she has left home” and the two are going to get divorced. He also rubbished the view that the amended law infringed upon Article 19 and 19-A of the Constitution, which guarantee freedom of speech and freedom of the press.