One million fine, five-year jail term for spreading fake news

The government is planning to propose amendments to the Prevention of Electronic Crimes Act (PECA) 2016 with a hefty fine and a long jail term to be introduced as punishment for spreading fake news.

Dawn termed the proposed draft as a plan for ‘wholesale’ changes to the already controversial PECA. 

The plan has also been confirmed by the prime minister’s adviser, Barrister Aqeel Malik, who said the new provisions were aimed at “eliminating misinformation and negative propaganda”.

Here are the other details of the proposed amendment:

The government is seeking to form a new authority which can block online content and access to social media as well as prosecute those propagating “fake news”.

Dawn’s Nadir Ghurmani reports that the formation of a Digital Rights Protection Authority (DRPA) is in the works to deal with issues such as the removal of certain online content, prosecution of people sharing or accessing prohibited content and action against social media platforms where such content is hosted. 

Additionally, the new body to take up the powers currently exercised by the Pakistan Telecommunication Authority (PTA) under PECA and advise federal and provincial governments on “digital ethics and related fields.” 

The proposed authority would also “regulate” social media content, investigate complaints of violation of this Act and order authorities to “block” or restrict access to content.

It would also outline time frames for popular social media companies to implement its orders and to have offices or representatives in Pakistan.

As per the draft, all decisions of the DRPA would be made in a democratic way with the agreement of the majority of members, but in case of any urgent matter, the chairperson will have the power to issue directives for blocking any problematic online content.

Notably, the chairperson’s decision will have to be “ratified” by the authority within 48 hours.
The amendment is seeking to redefine a “social media platform” as it is expected to now include tools and software used to access social media.

“Any person managing a system that allows access to social media” has been incorporated in Section 2 of PECA— which contains definitions of terms mentioned in the law.

Definitions of website, application, and communication channels are also going to expand and it will allow people to access social media and post content.

Simultaneously, it will allow the government to block or restrict the use of Virtual Private Networks (VPNs) as they are used to access social media services, like X (formerly Twitter), which are blocked in the country.

The government had earlier announced that it would register VPNs and block unregistered proxies.
The amendments drafts will have details of the unlawful content as well. It lists at least 16 types of content which would be deemed unlawful.

Dawn’s report delineates that 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.

DRPA will “enlist” social media platforms to abide by its rules and set conditions for them “in addition to the requirements of this [law]”.

The draft is also set to add a new provision — Section 26(A) — to PECA to penalise perpetrators of “fake news” online.

It categorically states that any person who “intentionally” posts any information “which he knows or has reason to believe to be false or fake and likely to cause or create a sense of fear, panic or disorder or unrest” shall be punished with imprisonment which may extend to five years or with fine which can be up to one million rupees or with both.

However, there are no details as to what would constitute “fake or false information”.

Another amendment to subsection a Section 43 would make offences under Section 26(A) non-bailable, non-compoundable and cognisable.

The proposed rules also suggest that a tribunal will be set up to prosecute people for offences outlined when it is passed as a law. 

A high court judge, or anyone equally qualified, would head the tribunal, and the members of the tribunal would be a journalist and a software engineer.