DM Monitoring
ISLAMABAD: The federal government is likely to present amendments to the controversial Prevention of Electronic Crimes Act (Peca) in parliament as early as next week, according to sources.
Officials, speaking anonymously due to the confidential nature of the discussions, confirmed to media that the proposed amendments are currently under negotiation with the government’s political partners. If agreements are reached, the changes could be introduced in parliament for approval next week.
The amendments to Peca seek to establish two new authorities with extensive powers to regulate digital content, investigate breaches, and prosecute offenders.
According to a working draft of the Prevention of Electronic Crimes (Amendment) Act, 2024, available with media, the proposed changes include new definitions, the establishment of regulatory and investigative bodies, and stricter penalties for disseminating “false” information.
The amendments introduce several new definitions under which individuals can be prosecuted. For example, “aspersions” is defined as “spreading false and harmful information that damages a person’s reputation”. A “complainant” refers to any person filing a complaint under the Act, whether a victim or someone with a “substantial reason” to believe an offence is occurring.
A “social media platform” is defined as any website, app, or service that allows users to create public profiles and share content.
A significant proposal within the amendments is the creation of the Pakistan Digital Rights Protection Authority (DRPA), which will be headquartered in Islamabad, with additional offices in provincial capitals as needed.
The DRPA would take over some of the responsibilities currently held by the Pakistan Telecommunication Authority (PTA).
The draft also proposes the establishment of Digital Rights Protection Tribunals. Each tribunal will be comprised of a chairperson qualified to be a High Court judge, a journalist registered with a press club, and a software engineer. Tribunals must resolve cases within 90 days, with appeals allowed to the Supreme Court within 60 days.
Stricter penalties have also been proposed. Individuals who deliberately disseminate “fake or false information” through an information system could face up to five years in prison.
If the offence involves women or children, the sentence increases to seven years.
Aggrieved individuals will be able to file complaints with the DRPA, which must issue orders for content removal or blocking within 24 hours.
The amendments also propose transferring the investigative and prosecutorial powers related to online content to a newly established National Cyber Crime Investigation Agency (NCCIA).
