The Islamabad High Court (IHC) deemed the Prevention of Electronic Crimes (Amendment) Ordinance, 2022 (PECA) “unconstitutional,” ordering the federal government to investigate the law’s abuse and provide a report within 30 days.
PECA Ordinance declared null and void by the Islamabad High Court. Another jolt for PTI.
— Wajahat Kazmi (@KazmiWajahat) April 8, 2022
President Dr. Arif Alvi signed the law amending the PECA in February as part of the government’s efforts to combat “fake news.” According to analysts and journalists, the government’s move was aimed at stifling criticism on social media and controlling the media.
Following nationwide protests, the media challenged the “draconian law” before the IHC.
Through senior lawyer, Munir A Malik, the Pakistan Broadcasters Association (PBA), the All Pakistan Newspapers Society (APNS), the Council of Pakistan Newspaper Editors (CPNE), the Association of Electronic Media Editors and News Directors (AEMEND), and some senior journalists in the country filed the petition.
The IHC’s four-page order stated that free speech, which is protected under Article 19, and the right to receive information, which is protected under Article 19-A of the Constitution, are essential for a society’s development, progress, and prosperity, and that their suppression is unconstitutional and contrary to democratic values.
Sherry Rehman congratulates media community in her Tweet.
“The criminalization of defamation, the safeguarding of individual reputations by arrest and incarceration, and the resulting chilling effect violate the letter of the Constitution, and its invalidity is beyond a reasonable doubt,” Chief Justice Athar Minallah wrote in the order.
The ordinance was passed in violation of the Constitution and the fundamental rights protected by it, particularly Articles 9, 14, 19, and 19-A, according to the court.
It went on to say that “jurisdictional preconditions were also not in place.”
“The Prevention of Electronic Crimes (Amendment) Ordinance, 2022, and its promulgation are ruled unconstitutional and unlawful beyond a reasonable doubt, and they are, as a result, stricken down.”
The petitioners’ cases were likewise dismissed by the court.
The court judgment noted, “The Federal Government is expected to evaluate defamation laws, particularly the Defamation Ordinance, 2002, and then propose relevant legislation to the Majlis-e-Shoora (Parliament) for making its implementation effective.”
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