The Islamabad High Court on Monday issued notice to the attorney general in separate petitions filed by the Pakistan Federal Union of Journalists and PPP leader Farhatullah Babar against amendments in the Prevention of Electronic Crimes Act, 2016 and clubbed the plea with other pending pleas against the ordinance.
IHC Chief Justice Athar Minallah gave the orders while conducting separate hearings of the case.
The court also sought a report from the Federal Investigation Agency on pending complaints under Section 20 of Peca. Moreover, it clubbed the plea with other pending petitions against the ordinance and decided to conduct the hearing of the case on March 10.
President Dr Arif Alvi on February 20 promulgated an ordinance to amend Peca, 2016, aimed at countering fake news, amid the opposition and the Human Rights Commission of Pakistan's concerns over the tweak.
According to Law Minister Farogh Naseem, the required tweak in Peca was discussed with Information Minister Fawad Chaudhry, Attorney General for Pakistan Khalid Javed, and Interior Minister Sheikh Rashid. “This is the amendment to the Peca statute,” he had said in a press conference.
Salient features of the PECA amendment
The PFUJ on February 22 moved the IHC against the Peca amendements. The writ petition was filed under Article 199 of the Constitution and the president, ministries of law, and information were made respondents in the case. The petition notes how the amendments in the PECA Act. Section 2, 23 and 40 of the Act have been amended, while Section 44A has been inserted in the Ordinance.
Referring to Article 19 of the Constitution, the petition stated: "The Constitutional Scheme of Pakistan calls for democratic values to be promoted in the country which includes the freedom of expression. This new amendment ordinance lays bare the agenda of the government to promote only certain types of news and discourage criticism."
Soon after the petitions were filed, the IHC restrained the Federal Investigation Agency from making arrests under Section 20 of the ordinance.
Then on March 3, Pakistan Broadcasters Associations, media associations, and senior journalists submitted a petition in the IHC through lawyer Munir A Malik against the amendments. They adopted the stance that the ordinance "aims to stifle criticism and debate on the actions of the public office holders in the garb of action against fake news and disinformation." Later, IHC Chief Justice Athar Minallah on March 4 issued notices to the attorney general and the federal government on their petitions.
