ISLAMABAD: in a major victory for in media and human rights defenders, Islamabad High Court (IHC) on Friday announced Warning of The Electronic Crime Ordinance (Amendment) 2022 (PECA) is “unconstitutional” and directed to the federal government investigate abuse of law and report in about it within 30 days.
President Dr. Arif Alvi promulgated the decree in February to amend PECA as government made attempts to stop “fake news”. However, the government’s move, according to experts and journalists, was aimed at hushing up dissent on social media and control media.
media authorities challenged the “draconian law” in IHC after nationwide protests.
Journalists Associations including Pakistan Broadcasters Association (PBA), All Pakistan Newspaper Society (APNS), Council of Pakistan Newspaper Editors (CPNE), Association of Electronic Media Editors and News Directors (AEMEND) and some senior journalists of country petitioned through senior Attorney Munir A Malik.
Four page order of published today by the IHC stated that the freedom of speech protected by Article 19 and the right to receive information according to Article 19-A of The constitution matters for in developmentprogress and prosperity of society, adding that its suppression is unconstitutional and contrary to democratic values.
“Criminalization of slander, protection of individual reputation through arrest and imprisonment and subsequent cooling effect violates the letter of The Constitution and its invalidity are beyond reasonable doubt,” reads the ruling, authored by the Chairman of the Supreme Court, Athar Minallah.
The court ruled that the ruling was made public in retreat of The Constitution and the fundamental rights guaranteed by it, in particular Articles 9, 14, 19 and 19-A.
“Jurisdictional prerequisites were also No in existence,” it says.
“Prevention of The Electronic Crimes (Amendment) Ordinance 2022 and its promulgation are declared unconstitutional, invalid beyond reasonable doubt, and therefore repealed. down”.
Article 20 offense of Prevention of Electronic Crime Act 2016 in part of the expression “or harms reputationand the punishment for it is unconstitutional, void beyond reasonable doubt, and therefore down.
Court also canceled the proceedings against petitioners.
“It is expected that the federal government review defamation laws, in particular the Defamation Ordinance 2002, and subsequently propose relevant laws in the Majlis-e-Shura (parliament) for make its implementation effective,” the court said in its ruling.
CJ Athar Minallah also instructed the Ministry of the Interior to investigate the actions of officials of Cybercrime Wing of Federal Investigation Agency, which led to widespread abuse of powers and subsequent grave violations of basic rights of townspeople.
secretary was ordered to submit a report within thirty days.
