PML-N leader calls for consultation-driven tweaks to Peca amendments

• "There must be right to appeal tribunals' decision in high courts."
• Saad Rafique wants media bodies to be consulted on Peca law.
• Says law often used against those who promulgate it in first place.

Echoing the calls against the government's contentious amendments to the Prevention of Electronic Crimes Act (Peca), senior Pakistan Muslim League-Nawaz (PML-N) leader Khawaja Saad Rafique has called for further changes in the law with input from relevant stakeholders.

"Fake news has become a huge problem that needs to be addressed but no government should have unlimited power to clamp down on citizens," the former minister said in a post on X while calling for consultations with media organisations on the said law.

Saying that there should be a right to appeal against tribunal decisions in the high courts, the politician warned that with time, the law is often used against the ones who promulgate it.

The PML-N leader's remarks come as the ruling coalition, led by his party, bulldozed the controversial amendments from both the National Assembly and the Senate to an already contentious Peca law within days with the opposition parties, journalists and media bodies decrying the lack of consultations as well as its provisions.

The law, which has now come into effect following President Asif Ali Zardari's assent, provisions new definitions, the establishment of regulatory and investigative bodies, and stricter penalties for disseminating "false" information.

The new amendments lowered the punishment for spreading "fake information" online to three years while the offender could also face a fine of up to Rs2 million.

The new amendments also proposed the establishment of the Social Media Protection and Regulatory Authority (SMPRA), the National Cyber Crime Investigation Agency (NCCIA) and the Social Media Protection Tribunal.

Furthermore, it stated, that 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.

The fresh changes also stated that the authority might require any social media platform to enlist with it in any manner, form and on payment of such fee as may be prescribed.

Additionally, the new amendments also 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.

It also proposed the establishment of Social Media Protection Tribunals that will resolve cases within 90 days, with appeals allowed to the Supreme Court within 60 days.

Although the government has said it was ready to discuss any contentious clause in the amended law, journalists and media bodies under the umbrella of the Joint Action Committee (JAC) observed a Black Day on January 31 against the controversial tweaks.

The Black Day was marked on the call of the Pakistan Federal Union of Journalists (PFUJ) and endorsed by the JAC — comprising the Pakistan Broadcasters Association (PBA), All Pakistan Newspapers Society, Council of Pakistan Newspaper Editors (CPNE) and Association of Electronic Media Editors and News Directors (AEMEND).

The JAC has time again said that the controversial bill was approved without listening to journalist organisations and the stakeholders.

Furthermore, the media bodies have also announced besieging parliament in the next phase of protests along with challenging the changes to the law in the high court.

'Not linked to journalists'

Reacting to the journalists' and media organisations' concerns, PML-N Senator Talal Chaudhry said that the Peca law was neither concerned with journalists nor journalism in general.

Speaking on Geo News' programme 'Geo Pakistan', the senator underscored the need to regulate social media and reassured that the government had no intention of misusing the law.

"The Peca law is against those who are not journalists but sensationalise [news] for ratings," he said.

Separately, speaking at an event in Lahore, Federal Minister for Information Attaullah Tarar said that there was no check and balance and editorial control on digital media.

Lamenting that people were pushed towards suicide due to blackmail on social media and that anyone who wishes can issue a decree to kill someone, Tarar questioned the rationale behind the protests against Peca tweaks as well as the Federal Investigation Agency's (FIA) capacity to curb such crimes.

"Tell [me] one clause that is controversial in the Peca law," the minister said, adding, "You can point out any clause, we can consult [on it]".

"The Peca law needs to be understood. There will be no exploitation of journalists," he added.

Noting that the journalists can approach high court if they feel their rights were being curtailed, the information minister remarked that there can be no objection to preventing the dissemination of fake news.