Amnesty International has warned that recently proposed changes to the country’s cybercrime laws could “further tighten the government’s control over Pakistan’s tightly controlled digital landscape” if signed into law.
The statement came on Friday after a controversial bill seeking to amend the Prevention of Electronic Crimes Act (PECA) was introduced in the Senate amid a strong protest by the PTI-led opposition and a strike by journalists from the Press Gallery.
The latest draft of changes to the PECA Law was approved by the National Assembly on Thursday amid a strike by journalists, who have attacked it as an “attack on freedom of expression.” The Senate referred it yesterday to the corresponding Permanent Committee.
In a statement, Babu Ram Pant, the deputy regional director of campaigns for Amnesty’s South Asia Chapter, said: “The latest amendment to the Draconian Prevention of Electronic Crimes Act (PECA) by the National Assembly will tighten further the government’s control over the vast amount of Pakistan. Controlled digital landscape, if passed through both houses of Parliament.”
Pant noted that the amendment “introduces a criminal offense against those who perpetrate so-called ‘false and false information’ and imposes a maximum penalty of three years’ imprisonment with a fine.”
“The vague and ambiguous framing of some elements of the offense coupled with a history of PECA being used to silence dissent raises concerns that this new offense will cool down what little remains of the right to online expression in the country.” “, the amnesty official warned.
Furthermore, he said the legislation was “introduced in the absence of any consultation or debate”, adding that it expanded powers “previously available to the Pakistan Telecommunication Authority through the newly created Social Media Protection and Regulatory Authority”.
“These provisions give authorities the power to block and remove content based on vague criteria, which will violate the right to freedom of expression and will fail to meet standards of proportionality and necessity under international human rights law. “Pant said.
The amnesty official also compared the proposed changes under PECA to Pakistan’s Digital Nation Bill, passed by the NA on Thursday.
The bill aims to create a digital identity for citizens, to centralize social, economic and governance data, and provide for the transformation of Pakistan into a digital nation, enabling a digital society, digital economy and digital governance.
“These developments are in step with the deployment of intrusive digital surveillance technologies and laws like the Digital Nation Pakistan Bill, which do not incorporate any human rights protections,” Pant said.
He added that the amnesty called on authorities to “immediately withdraw the bill and instead engage in a meaningful consultative process with civil society to amend PECA to align it with international human rights law.”
Proposed changes to PECA
The invoice, a copy of which is available with Dawn.comproposes a new provision, section 26(a), to Peca, to penalize perpetrators of online “fake news.”
Section 26(a) stated: “Whoever intentionally disseminates, publicly displays or transmits any information through any information system, which he knows or has reason to believe is false or false and is likely to cause or create a feeling of fear, panic or disorder or disturbance in general or society shall be punishable with imprisonment which may extend up to three years or with fine which may extend to Rs2m or with both.”
The bill suggests dissolving the FIA’s cybercrime wing and setting up a new investigation agency. It also proposes the establishment of the Social Media Protection and Regulation Authority (SMPRA), which would perform a variety of social media-related functions such as education, awareness, training, regulation, enlistment, blocking and further.
According to the bill, the CMPRA chairman will have the power to order immediate blocking of any illegal content on social media, while the authority will have the power to block content that contradicts the ideology of Pakistan or incites citizens to violate the law.
You will also be authorized to block illegal content directed at members of the judiciary, armed forces, parliament or provincial assemblies. Content removed during parliamentary proceedings cannot be re-uploaded to social media.
The amendment also proposes the establishment of a social media complaints council. In cases where social media platforms fail to comply with the directives, the authority will have the power to approach the court for enforcement.
