The Islamabad High Court (IHC) on Friday declared the PECA ordinance unconstitutional.
IHC Chief Justice Athar Minallah heard the petition against the Peca ordinance. The Pakistan Federal Union of Journalists filed the petition (PFUJ).
As part of the government’s effort to combat “fake news,” President Dr. Arif Alvi issued an ordinance in February amending the PECA law. The government’s move, according to journalists and experts, was intended to silence dissent on social media and control the media.
The media bodies had challenged the “draconian law” in the IHC following countrywide protests.
As IHC declares PECA ordinance unconstitutional, the journalist associations, including Pakistan Broadcasters Association (PBA), All Pakistan Newspapers Society (APNS), Council of Pakistan Newspaper Editors (CPNE), Association of Electronic Media Editors and News Directors (AEMEND) and some senior journalists of the country, had filed the petition through senior lawyer Munir A Malik.
The four-page order of the IHC issued today stated that free speech protected under Article 19 and the right to receive information under Article 19-A of the Constitution are essential for the development, progress and prosperity of a society and suppression thereof is unconstitutional and contrary to the democratic values.
“The criminalisation of defamation, protection of individual reputations through arrest and imprisonment and the resultant chilling effect violates the letter of the Constitution and the invalidity thereof is beyond a reasonable doubt,” said the order authored by IHC Chief Justice Athar Minallah.
The court ruled that the ordinance was promulgated in derogation of the Constitution and the fundamental rights guaranteed thereunder, particularly Articles 9, 14, 19 and 19-A.
“The jurisdictional preconditions were also not in existence,” it further said.
“The Prevention of Electronic Crimes (Amendment) Ordinance, 2022 and promulgation thereof is declared as unconstitutional, invalid beyond reasonable doubt and it is, therefore, struck down.”
The offence under section 20 of the Prevention of Electronic Crimes Act, 2016 to the extent of the expression “or harms the reputation” and the punishment thereof is unconstitutional, invalid beyond reasonable doubt and is, therefore, struck down.
The court also quashed the proceedings against the petitioners.
“The Federal Government is expected to review the defamation laws, particularly the Defamation Ordinance, 2002, and thereafter propose appropriate legislation to the Majlis-e-Shoora (Parliament) for making its implementation effective,” the court order stated.
IHC CJ Athar Minallah also directed the Interior Ministry to investigate the conduct of officials of the Federal Investigation Agency’s Cyber Crime Wing, which had resulted in widespread abuse of power and grave violations of citizens’ fundamental rights.
The secretary has been given thirty days to submit the report.
