PESHAWAR: The Peshawar High Court (PHC) has sought reply from the federal government with 30 days on a constitutional petition filed against the Prevention of Electronic Crimes (Amendment) Act, 2025 (PECA).
A two-member bench comprising Justice Arshad Ali and Justice Qazi Jawad Ehsanullah issued these directions after hearing preliminary arguments.
Blogger Anil Masih has filed a petition through Advocate Noman Mohib Kakakhel, in which serious concerns have been expressed over the violations of fundamental rights guaranteed in the Constitution of Pakistan.
The petition has made the Ministry of Law and Justice, Ministry of Interior, Pakistan Telecommunication Authority (PTA), Pakistan Electronic Media Regulatory Authority (PEMRA), and Federal Investigation Agency (FIA) parties.
The petition specifically challenges Section 26(A), which it has termed vague and broad in powers. It has been argued that the newly established Social Media Protection and Regulatory Authority (SMPRA) and the National Cybercrime Investigation Agency (NCCIA) function under the federal government and their members can be removed at any time, which affects the autonomy of these institutions.
The petitioner’s counsel argued that the amendment violates the right to freedom of expression, which is protected under Article 19 of the Constitution. He argued that the terms “false” or “objectionable” information are vague and do not meet the standard of reasonable restrictions provided for in the constitutional framework.
The petition also said that FIRs are being registered against bloggers and citizens who criticise the government’s policies, which is undermining democratic values and freedom of expression.
The petitioner’s counsel told the court that although the constitutional framework recognises the role of the government and the opposition in the assemblies, the amendment act has paved the way for the suppression of the opposition’s voice on social media.
The petition, citing international human rights treaties, such as the UN Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and Islamic principles, states that the law is against the values of justice, freedom, and equality.
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The petitioner has urged the court to declare the amendment act unconstitutional and quash it, strike down Section 26(A) and other relevant provisions.
