Pakistan court says law on social media 'defamation' against free speech protection in constitution

In this file photo, an IT professional browses Facebook in Lahore, Pakistan, on May 27, 2010. (AFP)
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Updated 24 February 2022
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Pakistan court says law on social media 'defamation' against free speech protection in constitution

  • New ordinance increases jail term for defaming any person or institution on social media from 2 to 5 years
  • Islamabad court has restrained FIA from arresting people under the new ordinance

ISLAMABAD: A Pakistani high court said on Thursday a controversial amendment to the country’s cybercrime law that was approved by the president last week to enhance jail terms for social media users convicted of disseminating “fake news” was against an article of the constitution that related to free speech.

A day earlier on Wednesday, the Islamabad High Court restrained the Federal Investigation Agency (FIA) from arresting people under Section 20 of the recently promulgated Prevention of Electronic Crimes (Amendment) Act Ordinance 2022, which criminalizes ““defamatory” and “fake” content on social media and is widely viewed as a tool to silence critics of the government.

President Dr. Arif Alvi promulgated the ordinance on Sunday to amend the Prevention of Electronic Crimes Act, 2016 (PECA).

The new ordinance introduces an amendment to section 20 of PECA 2016, which was passed during the government of former Pakistan Muslim League-Nawaz (PML-N). It increases the jail term for defaming any person or institution on social media from two to five years and makes it mandatory for courts to decide cases within six months. The offense has also been made non-bailable.

Almost all of Pakistan’s opposition parties and journalist unions have opposed the new law. The government denies it wants to censor the press or political opponents.

“If you read the ordinance, you realize that it is in contravention to Article 19 of the constitution,” IHC Chief Justice Athar Minallah was quoted as saying in a statement by the Pakistan Federal Union of Journalists, referring to an article that deals with freedom of speech, expression and the press.

The IHC was hearing a petition filed by PFUJ against the PECA ordinance.

“No one should be afraid that the government will use this law to target those who criticize it,” the court said. “It is disappointing to say that action is being taken against people who raise their voices against the government.”

The court said that it was of “particular concern” to the judiciary that ordinances were being used to make the cybercrime law even more draconian.

“This [amendment] was carried out by a party whose own strength was social media,” he added, referring to the ruling Pakistan Tehreek-e-Insaf, considered the first political party in Pakistan to establish its presence on social media.  

“If political parties can create social media teams, then why are they so afraid of difference of opinion?” he asked.  

The chief justice said many cases brought before the court pertained to the FIA having acted illegally to protect public officeholders: “You are giving FIA the right to arrest any person and till the trial begins, that person will stay imprisoned? ... Is there nothing else the FIA has to do?”

The chief justice said PFUJ was the only stakeholder in this case, and the high court would not hear petitions filed by political parties against the PECA ordinance. “They should go to the parliament [to seek remedy],” he said.  

The court adjourned the hearing of the case till March 10.


Pakistan announces four-day work week among austerity measures to offset impact of Middle East crisis

Updated 54 min 30 sec ago
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Pakistan announces four-day work week among austerity measures to offset impact of Middle East crisis

  • The development comes as ongoing US-Israeli strikes on Iran disrupt oil supplies in Strait of Hormuz, push prices past $119 a barrel
  • Islamabad bans government purchases, cuts fuel allocation for vehicles as well as workforce in public and private offices by 50 percent

ISLAMABAD: Prime Minister Shehbaz Sharif on Monday announced austerity measures, including a four-day work week and cuts in government expenditures, to offset the impact of rising global oil prices due to an ongoing conflict in the Middle East.

Global fuel supply lines have been disrupted in the Strait of Hormuz, which supplies nearly a fourth of world oil consumption, after Tehran blocked it following United States-Israeli strikes on Iran and counterattacks against US interests in the Gulf region.

Oil prices surged more than 25 percent globally on Monday to $119.50 a barrel, the highest levels since mid-2022, as some major producers cut supplies and fears of prolonged shipping disruptions gripped the market due to the expanding US-Israeli war with Iran.

In his televised address on Sunday night, Sharif said global oil prices were expected to rise again in the coming days but vowed not to let the people bear their brunt, announcing austerity measures to lessen the impact of fuel price hikes.

“Fifty percent staff in public and private entities will work from home,” he announced, adding this would not be applicable to essential services. “Offices will remain open for four days a week. One-day additional off is being given to conserve oil, but it would not be applicable to banks.”

Sharif didn’t specify working days of the week and the government was likely to issue a notification in this regard.

He said a decrease of 50 percent was being made in fuel allocation for government vehicles immediately for the next two months, but they would not include ambulances and public buses.

“Cabinet members, advisers and special assistants will not draw salaries for the next two months, 25 percent salaries of parliamentarians are being deducted, two-day salaries of Grade 20 and above officers, or those who are paid Rs300,000 ($1,067) a month, are being deducted for public relief,” he said.

Similarly, there will be 20 percent reduction in public department expenses and a complete ban on the purchase of cars, furniture, air conditioners and other goods, according to the prime minister.

Foreign trips of ministers and other government officials will also be banned along with government dinners and iftar buffets, while teleconferences and online meetings will be given priority.

Sharif’s comments were aired hours after Pakistani authorities said the country had “comfortable levels” of petroleum stocks and the supply chains were functioning smoothly, despite intensifying Middle East conflict.

Petroleum Minister Ali Pervaiz Malik said three oil shipments were due to reach Pakistan this week, state media reported.

Meanwhile, Pakistan Navy (PN) launched ‘Operation Muhafiz-ul-Bahr’ to safeguard national energy shipments, the Pakistani military said on Monday, amid disruptions to critical sea lanes due to the conflict.

The navy is conducting escort operations in close coordination with the Pakistan National Shipping Corporation (PNSC), according to the Inter-Services Public Relations (ISPR), the military’s media wing. It is fully cognizant of the prevailing maritime situation and is actively monitoring and controlling the movement of merchant vessels to ensure their safe and secure transit.

“With approximately 90 percent of Pakistan’s trade conducted via sea, the operation aims to ensure that vital sea routes remain safe, secure, and uninterrupted,” the ISPR said on Monday. “Currently, PN ships are escorting 2 x Merchant Vessels, one of which is scheduled to arrive Karachi today.”