The government has drafted major amendments to the Prevention of Electronic Crimes Act (Peca) 2016, proposing the establishment of a new authority called the Digital Rights Protection Authority (DRPA), Dawn reported.
The draft, titled “Prevention of Electronic Crimes (Amendment) Act, 2024,” aims to enhance regulatory oversight of online content and prosecute individuals accused of spreading “fake news.”
The draft amendments redefine “social media platforms” to include tools and software used to access social media. This expanded definition could allow the government to block Virtual Private Networks (VPNs), which are often used to access restricted platforms like X.
Previously, attempts to block VPNs were shelved due to legal limitations.
The proposed DRPA would assume responsibilities currently held by the Pakistan Telecommunication Authority (PTA). It would regulate social media content, investigate violations, block unlawful online material, and set guidelines for social media platforms to operate in Pakistan.
The authority would consist of a chairperson and six members, including three federal appointees and three ex-officio members from the ministries of information and IT, as well as the PTA chairman. Decisions would require majority approval, but the chairperson would have emergency powers to block content, subject to ratification within 48 hours.
The draft mandates social media platforms to abide by DRPA’s rules, establish offices or representation in Pakistan, and adhere to additional conditions set by the authority.
The amendments broaden the scope of unlawful content under Section 37 of Peca. The revised definition includes at least 16 categories, such as blasphemy, incitement of violence, obscenity, defamation, copyright violations, blackmail, and “fake or false reports” targeting constitutional institutions or public officials.
The draft introduces Section 26(A), penalizing the dissemination of “fake news” with imprisonment of up to five years, a fine of up to one million rupees, or both.
The draft also makes offences under Section 26(A) non-bailable, non-compoundable, and cognisable.
The amendments propose the creation of a tribunal to handle Peca-related offences. It would be headed by a high court judge or a similarly qualified individual, with additional members including a journalist and a software engineer.
Critics have raised concerns over the broad powers granted to the DRPA and the vague definitions of unlawful content and fake news, fearing potential misuse to stifle dissent.
