Human Rights Watch rejects PECA, calls it draconian cyber law

• HRW says Pakistan has ratified International Covenant on Civil and Political Rights, which protects the right to freedom of expression.
• Regional director says PECA has been used to silence freedom of expression on the pretext of combating "fake news."
• PECA endangers journalists, human rights defenders, and political opponents "who run the risk of prosecution for merely doing their jobs."

NEW YORK: The Pakistan government’s amendment to its cybercrimes act is the latest in a "concerted campaign to restrict freedom of expression and stifle dissent," Amnesty International and Human Rights Watch said on Monday in a statement. 

Earlier this month, the government amended the Prevention of Electronic Crimes Act, PECA (2016), which was long expected, through an ordinance "to make online defamation of authorities, including the military and judiciary, a criminal offense with harsh penalties."

Amnesty International acting deputy regional director for South Asia, Nadia Rahman, said: “PECA has been used to silence freedom of expression on the pretext of combating ‘fake news,’ cybercrime, and misinformation." 

“This amendment not only violates the Pakistan constitution but also puts anyone who questions the government or other state institutions at further risk. It particularly endangers journalists, human rights defenders, and political opponents who run the risk of prosecution for merely doing their jobs.”

The statement further added that while PECA already contained broad provisions criminalising defamation of “natural persons,” the Pakistan Amendment Ordinance (2022) expands those provisions to include criticism of government bodies and the military by inserting a new definition of “person” that includes “any company, association, or body of persons, institution, organisation, authority or any other body established by the government under any law or otherwise.”

According to the amendments, defamation is a nonbailable offense, and increases the maximum prison term, if convicted, from three to five years. 

Read more: Government to slam shut online criticism under PECA

"It also expands the definition of those who can initiate criminal proceedings for defamation, allowing any person or institution to register the complaint," the statement said.

The organisation further added that Pakistan has ratified the International Covenant on Civil and Political Rights (ICCPR), which protects the right to freedom of expression. 

Article 19 of the ICCPR allows for restrictions on freedom of expression to protect the reputations of others, but such restrictions must be necessary and narrowly drawn. 

"Amnesty International and Human Rights Watch oppose all criminal defamation laws as a disproportionate and unnecessary response to the need to protect reputations that chills freedom of expression," it said.

"Expanding PECA’s already overbroad criminal defamation provisions to online statements about government institutions violates Pakistan's international obligations.

"By excluding civil society groups and the private sector from consultation on the amendments, the government prevented genuine public scrutiny of the amendments prior to enactment."

The international organisation said that the amendment to PECA also makes it incumbent upon courts to conclude trials within six months and furnish monthly progress reports of pending trials, and orders federal and provincial officials to remove any obstacles that may hinder the progress of the proceedings. 

Read more: How do PECA amendments muzzle free speech of Pakistani citizens?

However, it is not evident how an already overburdened court system will safeguard people from unfair trials and poor evidence gathering, the groups said.

Human Rights Watch Asia Associate Director Patricia Gossman said: “The Prevention of Electronic Crimes Act neither protects the public from legitimate cybercrime concerns nor respects fundamental human rights."

“The new amendments will further embed violations of basic rights with a thin veneer of legality.”

Human Rights Watch and Amnesty said: "On February 23 the Islamabad High Court restrained the Federal Investigative Agency (FIA), the main investigative body for PECA, from making any arrests under the ordinance. 

"While this offers temporary relief, it is not enough to mitigate the grave impact that the amendment will have on Pakistan’s already imperilled freedom of expression by potentially putting anyone at risk of criminal charges for expressing their views online," the statement read.

The Pakistan Electronic Crimes Act, 2016 is a "draconian law" that contains vague and overly broad offenses. 

"It has been criticised by Pakistan’s human rights defenders and civil society organisations for criminalising legitimate forms of expression based on supposed national security concerns and to protect majoritarian interpretations of Islam. Muzzling online and offline expression is part of an ongoing crackdown on dissent," it further mentioned.

In 2021, the Pakistan Media Development Authority Ordinance was proposed but not enacted which effectively enables press censorship by bringing all media under one regulator, granting the government unchecked powers to punish journalists through steep fines, instituting special “media tribunals”, and appointing government officials to key positions. 

It said: "The draconian removal and blocking of unlawful online content (procedure, oversight and safeguards) rules legislation which would censor online content was enacted in October 2021."

Read more: Joint Action Committee rejects 'draconian PECA amendments'

“The amendment, in effect, permits authorities to digitally police what people are saying online and levy heavy punishments if they do not like what they are saying,” Gossman said.

“Laws should be centered around protecting human rights, not insulating the government from legitimate criticism. The authorities should either swiftly repeal PECA and this amendment entirely, or substantially amend them to align them with international human rights standards,” Rahman added.