Malik Waqar
A division bench of the Sindh High Court (SHC) on Friday sought more arguments on the admissibility of a petition against the Prevention of Electronic Crimes Amendment Act (Peca), while another petition was filed in the Islamabad High Court (IHC) against the legislation.
The SHC bench, led by Chief Justice Muhammad Shafi Siddiqui, took up the petition against Peca amendments. Barrister Ali Tahir, the lawyer for the petitioner, informed the bench that they had challenged sections 2R and 26A of Peca.
The lawyer said that the Section 26A criminalised the transmission and receipt of information by declaring it “false and fake”. He added that sections G and H of the act used the words “false, fake and misrepresentation” in a very vague manner.
He said that sections 2R and 26A were in violation of the articles 19 and 19A, and the fundamental rights given in the Constitution. He added that Articles 19 and 19A of the Constitution granted every citizen the right to freedom of expression within reasonable limits.
The chief justice asked the lawyer what was the harm in removing illegal and objectionable contents from social media. Barrister Ali Tahir replied that under Peca, the authority would use “judicial powers” to determine which content was objectionable and should be removed.
The chief justice further remarked that what was wrong if an institution enforced compliance with the laws of the country.
Barrister Ali Tahir raised the issue of restrictions on some social media platforms. He cited the closure of X in Pakistan and said that journalists had been disappeared in the past. He said that after the Peca amendments their problems would multiply.
The chief justice remarked that the petition before the court was not about the disappearance of journalists. He asked the lawyer to satisfy the court that this petition was admissible, and adjourned the hearing till Monday.
