Report raises alarm over ‘false information’ clause in PECA

ISLAMABAD: A policy analysis by the Peace & Justice Network (PJN) has raised concerns over recent amendments to Pakistan’s cybercrime law, warning that vague provisions criminalising “false or fake information” could undermine freedom of expression and lead to arbitrary enforcement.

The analysis focuses on Section 26-A of the Prevention of Electronic Crimes Act (PECA), introduced in 2025, which imposes penalties including imprisonment and fines for the dissemination of “false or fake information” but does not clearly define the term.

Legal experts and digital rights advocates cited in the report said the lack of clarity risks conflating misinformation with legitimate criticism, satire or journalistic reporting, potentially exposing journalists, activists and political commentators to prosecution.

“The issue is not whether misinformation should be addressed, but how,” the report said. “Criminal law must be narrowly tailored to prevent harm, not broadly framed in a way that chills democratic discourse.”

The analysis said any restriction on speech must meet constitutional tests of legality, necessity and proportionality, arguing that vague offences may fall short of these standards and could face legal challenge.

It also pointed to reported cases involving journalists and online commentators in which speech-related provisions were invoked, suggesting that unclear legal language could result in inconsistent enforcement.

The report recommended revising Section 26-A to limit criminal liability to cases involving intentional and demonstrable harm, such as incitement to violence, fraud or threats to public safety.

It further called for removing criminal penalties for misinformation and instead strengthening non-criminal responses, including fact-checking mechanisms, platform accountability and digital literacy initiatives.

The analysis said tackling misinformation was a legitimate policy objective but warned that overbroad criminalisation could suppress public debate and erode trust.