New Delhi: Pakistan’s latest ordinance amending the Prevention of Electronic Crimes Act, 2016 has come under severe criticism from the country’s media, civil society and Human Rights Commission, which called the legislation “undemocratic”. Some even called it “oppressive” with one of the sharpest rebukes coming from a Dawn journalist who told the Imran Khan government to “Go to hell with all your ordinances”.
On Sunday, Pakistan President Arif Alvi issued an ordinance that abolished the exemption given to the Pakistan Electronic Media Regulatory Authority (PEMRA)-licensed TV channels under the 2016 Act. The Imran Khan government claims this will help curb ‘fake news’ on social media. In reality, though, journalists and the opposition parties say that this step suppresses dissenting views as criticism of the government becomes punishable.
Britishers ruled india and did not made these type of laws but fascists ruling Pakistan made this law. Go to hell with all your ordinances. Shame
President promulgates ordinance to regulate social media as minister warns against indulging in 'fake news' https://t.co/ejZkVKPHcM
— Imran Gabol (@gabolizm) February 20, 2022
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New tool to curb dissent?
The Electronic Crime Prevention Ordinance, 2022 includes four amendments to the Prevention of Electronic Crimes Act, 2016, and a whole new section that brings fake news or ridiculing any person on television under the category of electronic crime.
Anyone found guilty of giving fake news will be punished for three years to five years, and anyone can file a case instead of the victim. Moreover, the offence will be non-bailable. The matter is to be decided at the earliest but the maximum period has been fixed at six months. The trial court shall submit the progress report of the case every month to the concerned high court and shall state the reasons and constraints for delay in the matter.
The Media Joint Action Committee (JAC), which includes many media organisations of Pakistan, opposed this law saying that it is a step taken by the government to suppress the freedom of media, freedom of speech and dissenting voices.
The Human Rights Commission of Pakistan tweeted its criticism of the law.
The proposed laws that aim to increase the jail term for online criticism of the state from two to five years, and make it a non-bailable offence, are undemocratic and will inevitably be used to clamp down on dissenters and critics of the government and state institutions. pic.twitter.com/hFLYidal1m
— Human Rights Commission of Pakistan (@HRCP87) February 20, 2022
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Media, opposition speak as one
Pakistan Observer, in an editorial, advocated the strengthening of the Pakistan Telecommunication Authority, saying that “it must also be seen and ensured that these laws are not abused or misused to target or punish opponents, as may be a possibility especially in our country where polarisation is on the rise.”
Pakistan Today said in an editorial, “It seems the government is trying to kill two birds with one stone. Its previous attempts to control the press and electronic media were condemned by the international NGO Reporters without Borders, as attempts at censorship. But the second law seems a reaction to the ECP advising the PM not to visit his native Mianwali, because Punjab was going to have an election. It is also possible that the opposition’s threat of a no-confidence vote against the PM comes into the equation, for just as the opposition is upping its game against him, he will be equipping himself with a new tool of control.”
Pakistan Muslim League Nawaz’s leader Maryam Nawaz claimed that the law will only be used against them.
یہ حکومت جو بھی قوانین بنا رہی ہے کہنے کو تو میڈیا اور اپوزیشن کی آواز بند کرنے کے لیے ہے مگر یہ قوانین عمران اینڈ کمپنی کے خلاف استعمال ہونے والے ہیں۔ پھر نا کہنا بتایا نہیں!
— Maryam Nawaz Sharif (@MaryamNSharif) February 20, 2022
Senator Sherry Rehman of Pakistan Peoples Party was also among the many to criticise the law.
In its bid to shut down dissent even further the Govt is using another presidential ordinance to amend cybercrime laws that will be sweeping and draconian in scope. Make no mistake,this is not about protecting the vulnerable from cyber predations; quite the opposite. #gagorderlaw
— SenatorSherryRehman (@sherryrehman) February 20, 2022
Reema Omar, South Asia legal advisor to the International Commission of Jurists, called the law ‘oppressive’.
Pakistan has just made its criminal defamation law under PECA even more oppressive by:
1. Expanding scope from “natural persons” to all persons
2. Increasing penalty to up to 5 yrs
3. Making it cognizable, non-bailable
4. In some cases, allowing ANY person to become complainant
— Reema Omer (@reema_omer) February 20, 2022