Govt Proposes Amendments to Peca 2016, Introducing Digital Rights Protection Authority

ISLAMABAD:  The government is proposing comprehensive amendments to the Prevention of Electronic Crimes Act (PECA) 2016, which would see the establishment of a new regulatory authority endowed with the authority to restrict online content and access to social media platforms, in addition to prosecuting individuals disseminating “fake news.”

A preliminary version of the “Prevention of Electronic Crimes (Amendment) Act, 2024” proposes the establishment of a Digital Rights Protection Authority (DRPA) tasked with addressing matters such as the removal of online content, the prosecution of individuals for sharing or accessing prohibited material, and the enforcement of measures against social media platforms that host such content.

The amendments were validated by the Prime Minister’s advisor, Barrister Aqeel Malik, who stated that the newly introduced provisions are intended to “eliminate misinformation and negative propaganda”.

Among the modifications suggested in the draft amendment, the most significant is the revised definition of “social media platform,” which has been broadened to encompass tools and software utilized for accessing social media.

The proposal introduces a new provision in Section 2 of the Peca, which encompasses the definitions of terms referenced within the legislation. The revised definition now “Any person managing a system that allows access to social media.”

An additional component of this definition encompasses “website,” “application,” or “communication channel,” which facilitate individuals’ access to social media platforms and enable them to publish content. This broadened definition may enable the government to prohibit or limit the utilization of VPNs, particularly as they are employed to access social media platforms, such as X, which are currently restricted in Pakistan.

The government had previously intended to register Virtual Private Networks (VPNs) and prohibit unregistered proxies; however, this initiative was ultimately abandoned after legal counsel highlighted that these tools serve as means to access content rather than constituting the content itself. Consequently, the authorities lacked any legal basis to impede them.

Formation of the DRPA and Expanded Definitions

The revised legislation advocates for the creation of the Digital Regulatory Protection Authority (DRPA), which will assume responsibilities previously held by the Pakistan Telecommunication Authority (PTA) under the provisions of the Prevention of Electronic Crimes Act (PECA).

The Digital Rights Protection Agency (DRPA) will provide guidance to governmental bodies on matters pertaining to “digital ethics,” promote scholarly research, facilitate the operation of social media platforms, and safeguard the safety of users. It will oversee content regulation, address grievances, enforce compliance deadlines for platforms, and mandate their local presence.

Commencing after the elections held on February 8^th 2025, the draft of the DRPA was formulated by a committee chaired by Rana Sanaullah. However, it was subsequently postponed to allow for consultations with stakeholders, the status of which remains unverified.

The Delaware River Port Authority (DRPA) will consist of a chairperson and six members, three of whom will serve in a ‘ex-officio’ capacity, and will function based on majority decisions. In exigent situations, the chairperson has the authority to prohibit content, pending ratification within a 48-hour timeframe.

The Digital Regulatory Protection Authority (DRPA) will possess the authority to “enlist” social media platforms to ensure adherence to its regulations, which may encompass supplementary requirements beyond statutory obligations. Furthermore, the DRPA is empowered to mandate the removal or obstruction of unlawful content. The definition of “unlawful content” has been substantially expanded in the proposed amendments to encompass 16 distinct categories.

These include blasphemous content; incitement of violence and sectarian hatred; obscene or pornographic material; copyright violation; abetment of crime or terrorism; “fake or false” reports; “aspersion” against constitutional institutions and their officers, including judiciary or armed forces; blackmail; and defamation, etc.

Stricter Regulations and Penalties for Fake News

A new provision, designated as Section 26(A), has been proposed to impose penalties for the deliberate dissemination of “fake news” that is likely to incite dread, hysteria, or civil unrest. Individuals found in violation may be subjected to a maximum imprisonment of five years, a monetary penalty of up to one million rupees, or both sanctions. However, the Pakistan Peoples Party (PPP), an opposition party, has proposed a reduction of the incarceration sentence to a duration of three years.

Furthermore, an amendment to Section 43 would render offenses delineated in Section 26(A) non-bailable, non-compoundable, and cognizable. Following the enactment of the amendments, regulations will be instituted to establish a tribunal, presided over by a high court judge or an individual of equivalent standing, which will include a journalist and a software engineer as members, tasked with prosecuting offenses under the Act.