Govt may table Peca amendments next week to tighten control over digital content

THE federal government could table proposed amendments to the controversial Prevention of Electronic Crimes Act (Peca) in parliament as early as next week, officials revealed.

Senior officials, who spoke on condition of anonymity due to the sensitivity of the matter, told The News that the amendments are currently being discussed with the government’s political allies. If finalized, they could be presented in parliament next week for approval.

The proposed changes to Peca aim to establish two new authorities with sweeping powers to regulate online content, investigate violations, and prosecute offenders.

According to a working draft of the Prevention of Electronic Crimes (Amendment) Act, 2024, available with The News, the proposed changes include the introduction of new definitions, the creation of regulatory and investigative bodies, and stricter penalties for disseminating “false” information.

New definitions

The amendments introduce several definitions under which individuals can be prosecuted. “Aspersions,” for instance, is defined as “spreading false and harmful information that damages a person’s reputation.” A “complainant” is any person filing a complaint under the Act, including a victim or someone with “substantial reason” to believe an offense is occurring.

While a “social media platform” refers to any website, app, or service that allows users to create public profiles and share content.

Pakistan Digital Rights Protection Authority

A significant proposal in the amendments is creation of the Pakistan Digital Rights Protection Authority (DRPA), headquartered in Islamabad, with additional offices in provincial capitals as needed.

DRPA would take on some of the responsibilities previously held by the Pakistan Telecommunication Authority (PTA).

While DRPA’s broad mandate includes:

• Regulating social media content;

•Investigating and prosecuting complaints;

• Issuing guidelines to stakeholders;

• Ordering content removal, blocking, or temporary suspension.

The Authority will be led by a chairperson and six members appointed by the federal government for a three-year term. The federal government will also have the power to issue binding policy directions to DRPA.

Additionally, the Act provides legal immunity to government officials and members of DRPA acting “in good faith” under its provisions.

Content blocking

DRPA will have the authority to direct social media platforms to block or remove content deemed objectionable. Platforms will now be required to register with DRPA, pay a fee, and comply with the conditions set by it.

The draft outlines categories of content that may be blocked, including material that:

• Violates the “glory of Islam” or the “ideology of Pakistan”;

• Incites violence, terror, or public disorder;

• Is designed to frighten the general public to prevent them from coming out and carrying on their lawful trade or daily business;

• Promotes hatred on religious, sectarian, or ethnic grounds;

• Contains obscene or pornographic material;

• Defames;

• Violates copyrights or intellectual property rights;

• Disseminates false or fake information;

• Contains “aspersions” against constitutional institutions, including the judiciary, armed forces, or parliament or the provincial assemblies;

• Encourages terrorism or other forms of violence;

• Amounts to intimidation or blackmail.

Content related to remarks expunged from parliamentary proceedings and statements from proscribed organizations will also be prohibited.

In cases of violations, DRPA can recommend the federal government to block entire social media platforms.

New tribunals and penalties

The draft also calls for the establishment of Digital Rights Protection Tribunals.

Each tribunal will comprise 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 to the Supreme Court allowed within 60 days.

Stricter penalties have also been proposed. Individuals who intentionally disseminate “fake or false information” through an information system face up to five years in prison. If the offense involves women or children, the sentence increases to seven years.

While aggrieved individuals may file complaints with DRPA, which must issue orders for content removal or blocking within 24 hours.

National Cyber Crime Investigation Agency

The amendments propose transferring investigative and prosecutorial powers related to online content to a newly established National Cyber Crime Investigation Agency (NCCIA).

Government’s point of view

The government officials who spoke to The News said the draft amendments were still under discussion with allied political parties and had not been finalized, but they argued the changes were necessary to address the “rise of online disinformation and misinformation.”

One official said that the government wants social media platforms to establish offices in Pakistan and is already in talks with Meta. However, X, formerly known as Twitter, has refused to comply.

It is worth noting that X has been officially blocked in Pakistan since February.

When asked why the Pakistan Telecommunication Authority (PTA) was being replaced with the Pakistan Digital Rights Protection Authority (DRPA), an official explained that PTA is overwhelmed with thousands of pending complaints, necessitating a new body to manage the workload regarding online complaints, while PTA will continue its work related to the telecom sector.

However, when pressed on how the government intends to define “fake” or “false” news, or determine whether misinformation was spread deliberately, the officials were unable to provide a clear explanation.

The minister of state for information technology did not respond to The News repeated requests for comments.