ISLAMABAD: An Islamabad court on Friday scrapped a controversial law, the Prevention of Electronic Crimes (Amendment) Ordinance, that criminalized defamation on social media, describing it as “unconstitutional.”
The ordinance was passed by Prime Minister Imran Khan’s government in February, amending section 20 the Prevention of Electronic Crimes Act (PECA), 2016 to increase the jail term for defaming any person or institution on social media from two to five years.
The new law made it mandatory for courts to decide such cases within six months. The offense had also been made non-bailable.
Pakistani opposition parties and journalist bodies had opposed the new law, saying it was aimed gagging the press and political opponents. The government denied it.
On Friday, the Islamabad High Court (IHC) ruled that free speech and the right to receive information were essential for development, progress and prosperity of a society and their suppression was “unconstitutional and contrary to the democratic values.” The court announced the verdict on several identical petitions filed against the law.
“The criminalization of defamation, protection of individual reputations through arrest and imprisonment and the resultant chilling effect violates the letter of the Constitution and the invalidity thereof is beyond reasonable doubt,” Chief Justice Athar Minallah said in the four-page order.
“The Prevention of Electronic Crimes (Amendment) Ordinance, 2022 was promulgated in derogation of the Constitution and the fundamental rights guaranteed thereunder, particularly Articles 9, 14, 19 and 19-A. The jurisdictional preconditions were also not in existence.”
The court ruled the offense under section 20 of PECA to the extent of the expression “or harms the reputation” and the punishment was “unconstitutional” and “invalid beyond reasonable doubt” and therefore, struck down.
“The proceedings against the petitioners in the connected petitions are consequently a nullity and thus quashed,” the judge stated. “However, the aggrieved complainants would be at liberty to avail the remedies provided under the respective laws in the context of defamation.”
The federal government was expected to review defamation laws, particularly the Defamation Ordinance, 2002, and suggest appropriate legislation for effective implementation of the laws, the judge said.
He directed the interior secretary to probe the conduct officials of the Federal Investigation Agency’s (FIA) cybercrime wing, “which had led to widespread abuse of powers and the consequent grave violations of fundamental rights of the citizens.”
The official was asked to complete the probe within 30 days after receiving a certified copy of the order and inform the registrar about the action taken against delinquent officials.
Pakistan court scraps law criminalizing social media defamation, calls it ‘unconstitutional’
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Pakistan court scraps law criminalizing social media defamation, calls it ‘unconstitutional’
- The new law increased jail term for defaming any person, institution from two to five years
- Court rules legislation was promulgated in derogation of the constitution, fundamental rights
Pakistan assembly speaker warns opposition against anti-state remarks in parliament
- Ayaz Sadiq says criticism of judiciary and armed forces will not be allowed on assembly floor
- He calls violence during protests unacceptable, vows neutrality as National Assembly speaker
ISLAMABAD: Pakistan’s National Assembly Speaker Sardar Ayaz Sadiq said on Saturday that opposition lawmakers would not be allowed to speak against Pakistan, the judiciary or the armed forces on the floor of parliament, calling such remarks unacceptable.
Speaking to reporters during a visit to the eastern city of Lahore, Sadiq said parliamentary debate must remain within constitutional and legal limits, while reiterating his commitment to act impartially as speaker.
“No one will be allowed to speak against Pakistan, the judiciary or the armed forces on the floor of the National Assembly,” Sadiq said. “Negative or controversial remarks about judges or the armed forces are unacceptable.”
His comments come amid heightened political tensions after opposition groups held protests in the past, criticizing state institutions and targeting government and military properties.
The speaker said peaceful protest was a democratic right but drew a sharp line at violence and vandalism.
“Protest is the right of every citizen in a democratic society, but it must remain peaceful and within the bounds of the constitution and the law,” he continued, adding that arson, damage to property and the use of sticks or weapons in the name of protest were “unacceptable” and posed a threat to the rule of law.
“No opposition lawmaker will be allowed to speak on the National Assembly floor if they speak against Pakistan,” Sadiq said.
The speaker also noted the country’s economic indicators were gradually improving, citing an increase in foreign exchange reserves, and said Pakistan had further strengthened relations with countries including the United States, China, Russia, Türkiye and Saudi Arabia.
