The government is working on major amendments to the Prevention of Electronic Crimes Act (Peca) 2016, proposing the establishment of a Digital Rights Protection Authority (DRPA). This new authority would be empowered to block online content, regulate access to social media, and prosecute individuals accused of spreading “fake news.”
A draft of the proposed amendments, titled the Prevention of Electronic Crimes (Amendment) Act, 2024, outlines significant changes, including an expanded definition of “social media platforms” and the creation of stricter regulations for online content management.
Expanded Definitions and New Regulations
The draft introduces a broader definition of “social media platform” to include tools and software that enable access to such platforms. This could result in restrictions on Virtual Private Networks (VPNs), commonly used to access social media services blocked in Pakistan.
Additionally, new provisions would redefine “unlawful online content,” adding 16 categories, including blasphemy, incitement to violence, sectarian hatred, obscenity, defamation, and spreading “fake news.”
Formation and Powers of the DRPA
The DRPA, set to replace certain powers currently exercised by the Pakistan Telecommunication Authority (PTA), will oversee digital ethics, promote online safety, and regulate social media content. It will also have the authority to:
- Order the removal or blocking of unlawful online content.
- Mandate social media platforms to comply with specific conditions.
- Investigate complaints and prosecute violations under the Act.
The authority would consist of a chairperson and six members, including secretaries of information and IT ministries and the PTA chairman. Decisions will typically be made by majority vote, but in urgent cases, the chairperson can independently issue directives to block content, subject to ratification within 48 hours.
Penalties for “Fake News”
The amendments propose a new provision, Section 26(A), to penalize individuals who intentionally share false information likely to incite fear or unrest. Convictions could lead to up to five years of imprisonment, a fine of up to one million rupees, or both.
The ruling coalition is reportedly debating the severity of this penalty. While one party supports a five-year term, others suggest reducing it to three years. The proposal also recommends making such offenses non-bailable and cognizable.
Tribunal for Offenses
To enforce these laws, a tribunal will be established, comprising a high court judge, a journalist, and a software engineer. This body will prosecute cases under the amended Act.
Concerns and Stakeholder Engagement
While the proposed changes aim to combat misinformation and enhance online safety, concerns have been raised about potential overreach and misuse of authority. Although the government has mentioned consultations with stakeholders, including media representatives and journalists, it remains unclear whether these discussions have occurred.
The draft amendments, if enacted, would mark a significant shift in Pakistan’s approach to managing digital content, with a focus on tightening control over online platforms and addressing emerging cyber threats.
