Pakistan court scraps law criminalizing social media defamation, calls it ‘unconstitutional’

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.