The federal government has decided to amend the controversial Prevention of Electronic Crimes Act, 2016, proposing five years’ imprisonment or a fine of Rs. 1 million for anyone found guilty of deliberately spreading fake news.
Spokesperson on legal affairs Aqeel Malik confirmed the development in a posting on X. Declaring the amendments an “important” step toward curbing fake news and negative propaganda on social media, he claimed they would “discourage” elements spreading misleading information against state institutions. The law, he maintained, would ensure transparency, public consultation and protection of freedom of expression, and would only be deployed to promote social harmony.
According to the draft of the proposed amendments, the government aims to establish a Digital Rights Protection Authority (DRPA) authorized to block or remove online content deemed harmful to public safety or state interests; prosecute people who share or access prohibited content; and act against social media platforms hosting such content. It would comprise a chairman and six members, including three ex-officio members, who would be responsible for upholding digital rights and maintaining the country’s cybersecurity. All decisions require a majority of the DRPA’s membership, but “urgent” matters can be decided at the discretion of the chairman, who would have exclusive powers to issue orders for blocking any unlawful content online.
Offending content, per the draft, would include any material targeting law enforcement agencies, state institutions, or individuals. The DRPA would similarly be empowered to tackle content promoting religious or ethnic hatred, terrorism, and violence against the state. It modifies the definition of social media platforms to include tools used to access it, paving the way for blocking VPNs. Earlier this week, the government decided against blocking VPNs from Nov. 30 after the law ministry informed it that there was no legal basis for doing so.
Under the proposed draft, the DRPA would outline a timeline for social media companies to implement its orders and work toward enabling such platforms to establish offices or appoint representatives in Pakistan. The amendments allow for challenges to any of DRPA’s decisions in a tribunal.
The proposed amendments broaden the definition of “unlawful online content” to include blasphemous content; incitement of violence and sectarian hatred; obscene or pornographic material; copyright violation; abetment of crime or terrorism; “fake or false” reports; “aspersion” against constitutional institutions and their officers, including judiciary or armed forces; blackmail; and defamation.