Govt constitutes special courts to hear cases under Peca law

• Govt reaches decision after consulting with IHC chief justice.
• Judges to be nominated via consultation with other high courts' CJs.
• Additional D&S judges, civil judge given authority to conduct trials.

ISLAMABAD: The federal government has constituted special courts to conduct trials of cases under the Prevention of Electronic Crimes Act (Peca), 2016, after holding consultations with Islamabad High Court Chief Justice Aamer Farooq.

The Ministry of Law and Justice has issued an order for the establishment of special courts wherein additional district and sessions judges, civil judge East and West have been given the authority to conduct Peca law trials in the special courts.

The said bill was passed by the National Assembly in 2016 during the Pakistan Muslim League-Nawaz (PML-N) government and was largely criticised by various sections of the society who expressed concerns that the legislation dented human rights and gave overarching powers to law enforcement agencies.

The Act prohibited copying or transferring of data without securing relevant permission and also included provisions aimed at tackling unsolicited messages, hate speech, online criticism of the country, its courts, religion, armed forces etc.

In February 2022, then-president Arif Alvi promulgated the "Prevention of Electronic Crimes (Amendment) Ordinance, 2022" to amend the PECA law as the government moved to curb "fake news".

However, the IHC, in response to a petition filed by the Pakistan Federal Union of Journalists (PFUJ), declared the ordinance unconstitutional and struck down its Section 20 — related to defamation.

With regards to the newly constituted courts, sources say that the judges in these special courts will be nominated in consultation with chief justices of other high courts.

They also added that Pakistan Tehreek-e-Insaf's (PTI) Information Secretary Raoof Hasan and others might tried under the Peca Act.

Hasan, who was arrested by Islamabad Police on Monday was handed over to the Federal Investigation Agency (FIA) on Tuesday in a case related to his alleged involvement in disseminating anti-state propaganda.

The charges against the 12 suspects — two of whom are women — include the Prevention of Electronic Crimes Act's sections 9 (glorification of an offence), 10 (cyber-terrorism), and 11 (hate speech).

The federal cabinet has approved courts for trials under the said law, The News reported on Wednesday citing sources.

The development comes as IHC's Justice Babar Sattar on June 9, had sought a reply from the federal government regarding the constitution of special Peca law courts.

It is to be noted that Prime Minister Shehbaz Sharif approved a draft to amend the said Act to regulate social media, sources told Geo News in April.

The draft suggested the establishment of a Digital Rights Protection Authority which will advise the government on matters related to digital rights, ensure responsible use of the internet and enforce regulations.

Later that month, the federal government, as reported by The News, notified an eight-member special committee to conduct consultations on the proposed amendments to Peca.

It is pertinent to know that the incumbent government has time again expressed concerns over the use of social media for the dissemination of anti-state content and propaganda.

Social media users in Pakistan have faced intermittent interruptions in accessing various platforms in recent months against the backdrop of a temporary existing ban on X.

However, the concerns regarding social media aren't limited to the Centre as in May, the Punjab government approved the controversial Defamation Bill 2024 to tackle fake news.