PECA Amendment Case: Legislation Cannot Be Suspended Through Injunction, Remarks IHC Judge

Islamabad: The Islamabad High Court (IHC) on Tuesday heard petitions filed by journalists’ organizations challenging the controversial amendments to the Prevention of Electronic Crimes Act (PECA) and adjourned further proceedings until March 6.

Justice Inam Amin Minhas heard the joint petitions filed by the Pakistan Federal Union of Journalists (PFUJ) and the Islamabad High Court Journalists Association (IHCJA).

During the hearing, counsel for the IHC Journalists Association, Mian Samiuddin, read out the newly added clauses in the amended PECA law and argued that powers which should rest with the judiciary had been transferred to the executive. He maintained that a judicial tribunal should be established with appointments made in consultation with the Chief Justice.

The counsel pointed out that Section 2-C of the amended law relates to restrictions on fake and false social media posts, but fails to clearly define who will determine what constitutes “fake information.”

At this, Justice Inam Amin Minhas observed that it must be clearly explained how fake news would be identified and how action against fake news would be initiated.

The lawyer further argued that the amended law introduces a new mechanism for filing complaints, allowing third parties—other than the affected individual—to lodge complaints, which could enable proxy petitions and lead to potential misuse of the law.

He added that it was essential to assess the actual harm caused by alleged fake information, noting that misinformation could sometimes be an unintentional error that causes no real damage.

During the proceedings, Justice Minhas remarked that the matter involved legislation, which could not be suspended through an injunction, and that the court would decide the case after hearing all arguments.

The court subsequently adjourned the hearing until March 6.