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 battles legions of fake doctors
- Such unlicensed clinics are often the first, and sometimes the only, point of care for poor communities
- Pakistan Medical Association says these doctors ‘reuse syringes, which increases spread of hepatitis, AIDS’
Tando Saeed Khan, Pakistan: Rusted nails hold used infusion tubes on the wall of a clinic run by one among hundreds of thousands of unqualified doctors operating across Pakistan.
Dozens of patients visit the small roadside shop each day in the southern Sindh province, where a few chairs are arranged around wooden tables used to lay patients down.
“These patients have faith in me. They believe I can treat them well,” said Abdul Waheed, who opened the facility a few months ago outside Hyderabad city.
During the day, the 48-year-old works at a private hospital in Hyderabad. In the evenings, he comes to the village of Tando Saeed Khan to see patients at his clinic, charging 300 rupees ($1) per consultation.
“I have spent so much time in this field. I have worked with several doctors. Thanks to God, I have confidence to diagnose a patient and treat the disease,” Waheed told AFP.
There is no signboard, no registration number, and he has no legal authorization to practice as a doctor.
Waheed, who has a diploma in homeopathy and has completed a four-year nursing course, speaks with confidence.
After examining two young children, he insisted that patients come to him willingly and trust his abilities.
“No one has questioned me yet. If someone comes, I will see what to do,” he said, reflecting the ease with which unqualified individuals practice medicine in Pakistan.
Such unlicensed clinics are often the first, and sometimes the only, point of care for poor communities.
DANGEROUSLY REUSING EQUIPMENT
Abdul Ghafoor Shoro, secretary general of the Pakistan Medical Association, said there are “more than 600,000 fake doctors” operating across Pakistan.
This nationwide figure has been confirmed by the Sindh Healthcare Commission (SHCC), based on estimates from the Pakistan Medical and Dental Council.
Calling the practice a public health epidemic, Shoro said that such practitioners work with doctors, learn a few things there, and then open their own clinics.
“Unqualified doctors don’t know the side effects and exact dosage of medicines. If a disease is not properly diagnosed, it can become dangerous,” Shoro said.
“The instruments they use are not sterilized. They simply wash them with water and continue using them. They reuse syringes, which increases the spread of hepatitis and AIDS.”
As AFP journalists visited Tando Saeed Khan, another unqualified doctor immediately closed his clinic and disappeared.
Outside Waheed’s shop, villager Ali Ahmed said there are multiple such clinics in the area.
“None of them have qualified doctors. People aren’t educated and can’t recognize qualified doctors,” the 31-year-old told AFP.
LIFELONG DAMAGE
Medical experts say this unchecked practice has a direct impact on Pakistan’s already strained health care system, with tertiary care hospitals overwhelmed by patients whose conditions worsen after improper treatment.
Khalid Bukhari, the head of Civil Hospital Karachi, said the facility regularly receives such cases from across the country.
“They misdiagnose and mistreat patients. Our hospital is overloaded. Most of the cases we receive are those ruined by them,” said Bukhari, whose public hospital is one of the largest in the country.
“These people are playing with the lives of poor citizens. If people go to proper doctors and receive precise treatment, they will not need to come to us.”
Regulatory authorities acknowledge their failure to control the problem.
“We have limited resources. This practice cannot be eliminated easily. If we shut down 25 outlets, 25 new ones open the very next day,” said Ahson Qavi Siddiqi, the head of Sindh HealthCare Commission (SHCC).
The commission recently sealed a bungalow in Karachi that had been operating as a hospital — complete with intensive care units for children and adults — because it was unregistered.
“The law against it is weak. We file cases, but the accused get bail the next day because it is a bailable offense,” Siddiqi told AFP.
The official also described serious security threats faced by inspection teams.
“These people are influential in their areas. In many cases, our teams are taken hostage. We are fired upon. I don’t have the force to take strong action,” the SHCC head said.
Shoro said the practice also financially destroys families who are left with big hospital bills when something goes wrong.
“Many people die or become disabled, and their families suffer for the rest of their lives.”
