The Pakistan government is likely to introduce significant amendments to the Prevention of Electronic Crimes Act (Peca) next week, aimed at enforcing stricter controls over online content and cracking down on the growing issue of misinformation. Sources confirmed that discussions on the amendments are ongoing, and the changes are expected to be tabled in parliament for approval soon.

New Regulatory Authority: Pakistan Digital Rights Protection Authority (DRPA)

A major component of the 2024 Peca amendments is the establishment of a new regulatory body, the Pakistan Digital Rights Protection Authority (DRPA). This agency will take over several responsibilities from the Pakistan Telecommunication Authority (PTA), including the regulation of social media content, the investigation of breaches, and the prosecution of offenders. The DRPA will have broad powers to remove or block content deemed harmful or false and will operate under the authority of the federal government.

The DRPA will be based in Islamabad with offices in provincial capitals. It will be responsible for issuing guidelines to online platforms, ensuring content complies with local laws, and directing the removal of harmful or illegal material. The authority will be headed by a chairperson and six appointed members, all selected by the federal government for a three-year term.

Content Blocking and Penalties

One of the key provisions in the draft amendments is the blocking of objectionable content on social media platforms. Under the new framework, the DRPA will have the authority to mandate that social media companies remove or block content related to:

  • False or fake information
  • Religious, ethnic, or sectarian hatred
  • Obscene or pornographic material
  • Defamation of individuals or institutions
  • Content that incites violence, terrorism, or public disorder

Social media platforms will be required to register with the DRPA, pay applicable fees, and comply with the authority’s guidelines. Platforms found in violation may face penalties, including the temporary suspension of services in Pakistan. The DRPA also has the power to recommend the blocking of entire platforms like X (formerly Twitter), which has faced ongoing issues in Pakistan.

Stricter Penalties for Disseminating False Information

The proposed amendments bring with them tougher penalties for individuals involved in the dissemination of false or fake news. Under the draft bill, individuals found guilty of spreading false information through any information system could face up to five years in prison. If the offence involves women or children, the penalty increases to seven years.

The law will also introduce Digital Rights Protection Tribunals, which will be tasked with resolving cases of online misinformation and other related issues. The tribunals, comprising experts in law, journalism, and technology, are expected to resolve complaints within 90 days, with the possibility of appeals to the Supreme Court within 60 days.

New Investigative Body: National Cyber Crime Investigation Agency (NCCIA)

Another crucial aspect of the proposed amendments is the formation of the National Cyber Crime Investigation Agency (NCCIA), which will be responsible for investigating cybercrimes, including those related to the spread of false information and other violations under the amended Peca law. The agency will play a critical role in ensuring that the digital space remains safe and free from malicious content.

Government’s Rationale for Peca Amendments

The government argues that the amendments to Peca are necessary to address the growing problem of online disinformation and to protect the public from harmful or misleading content. The officials have indicated that these changes will also contribute to the development of a safer digital environment and promote accountability among online platforms.

The government has been in discussions with major social media platforms like Meta and Google to encourage them to establish local offices in Pakistan. However, there have been challenges, with X (formerly Twitter) refusing to comply with some of these requirements.

Content Moderation and Public Backlash

The amendments, however, are likely to spark debate about the potential for censorship and the erosion of freedom of expression. Critics argue that such strict measures could stifle free speech and limit access to information, while others believe the government’s efforts are a necessary response to the spread of fake news and hate speech on social media.

Conclusion

As the Peca amendments head towards parliament, all eyes will be on how the government navigates the balance between digital rights and public safety. While the DRPA and NCCIA may provide more structured oversight of online content, it will be essential to ensure that the powers given to these agencies do not infringe on citizens’ freedom of speech and privacy.

The outcome of these amendments could shape the future of digital regulation in Pakistan, and how it manages social media platforms in the face of mounting concerns over misinformation.