ISLAMABAD (Mudassar Iqbal)- The government will make amendments to the Prevention of Electronic Crime Act (PECA).
The objective of further changes to the law is to clamp down on social media misuse.
The government will present the amended law in both houses of parliament to have the bill approved.
Back in May 2024, Prime Minister Shehbaz Sharif approved amendments to the Prevention of Electronic Crimes Act (PECA), 2016 to regulate social media.
The establishment of Digital Rights Protection Authority (DRPA) was approved under PECA 2024.
The new bill was presented in parliament after the approval of the cabinet.
Sources said the document approved by the Law Reforms Committee of the Cabinet states that the Ministry of Information Technology and Telecommunications has considered setting up a Digital Rights Protection Authority (DRPA) under PECA 2016 to deal with dynamic digital vulnerabilities.
Sources further said the DRPA would be an important step towards protection of digital rights and could play an important role in ensuring the protection of citizens’ rights in the digital realm.
However, the latest draft stated: “Whoever intentionally disseminates, publicly exhibits, or transmits any information through any information system, that he knows or has reason to believe to be false or fake and likely to cause or create a sense of fear, panic or disorder or unrest in general public or society shall be punished with imprisonment which may extend upto three years or with fine which may extend to Rs2 million or with both.”
The draft also proposed the establishment of the Social Media Protection and Regulatory Authority with extensive powers to block or remove online content deemed harmful to public safety or state interests.
Furthermore, it stated, any person “aggrieved by fake and false information” can approach the authority for removal or blocking access to such information and the authority would issue orders no later than 24 hours on the request.
According to the draft, the authority should consist of a chairperson and eight other members out of which the secretary Ministry of Interior, the Pemra chairman and Pakistan Telecommunication Authority (PTA) chairman or any member of PTA. “The Chairperson and five members, other than ex-officio members, shall be appointed by the federal government for a non-extendable period of live years,” it added.
The proposed changes also stated that the authority might require any social media platform to enlist with it any manner, form and on payment of such fee as may be prescribed.
It added that apart from the requirements of the act, additional conditions or requisites as deemed appropriate might also be stipulated while enlisting a social media platform.
The draft stated that the authority would have the power to issue directions to a social media platform for removal or blocking of online content if it was against the ideology of Pakistan;
- incites the public to violate the law, take the law into own hands, to coerce, intimidate or terrorise public, individuals, groups, communities, government officials and institutions
- incites the public or section of the public to cause damage to governmental or private property
- coerce or intimidate the public or section of the public and thereby prevent them from carrying on their lawful trade and disrupting civic life
- incite hatred and contempt on religious, sectarian or ethnic basis to stir up violence or cause internal disturbance
- contains anything obscene or pornographic in contravention of any applicable law
- is known to be fake or false or there existed sufficient reasons to believe that the same may be fake or false beyond a reasonable doubt
- contains aspersions against any person, including members of judiciary, armed forces, parliament or a provincial assembly
- or promoted and encouraged terrorism and other forms of violence against the state or its institutions.
Additionally, the draft proposed the constitution of a Social Media Complaint Council to receive and process complaints made by aggrieved parties against violation of any provision of the cybercrime law.
The draft also proposed the establishment of Social Media Protection Tribunals. Each tribunal will be consisted of a chairperson qualified to be a high court judge, a journalist registered with a press club, and a software engineer.
Tribunals must resolve cases within 90 days, with appeals allowed to the Supreme Court within 60 days.
Meanwhile, the draft also proposed the establishment of an investigation agency to be called the National Cyber Crime Investigation Agency (NCCIA) for inquiry into, investigation and prosecution of the offences specified under this Act.
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