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in DRM Exclusive, News

Report asks IHC to declare PECA Section 20 in violation of Freedom of Expression

DRMby DRM
September 16, 2021

Urdu version of the story here.

September 16, 2021 — In a hearing regarding a case about social media in Islamabad High Court (IHC), the Judicial Assistant Advocate Adnan Randhawa submitted a detailed report discussing the constitutionality of the defamation law against social media users under PECA. The report states that section 20 of the Prevention of Electronic Crimes Act (PECA) 2016 that criminalises defamation violates constitutional rights of freedom expression and freedom of the press. It mentions that section 20 is against the fundamental rights, and claims that through the addition of this section, the parliamentarians have exceeded constitutional limits. Advocate Randhawa, after a detailed review of section 20, requested the Court to repeal the section.

The report that was prepared on orders of the Court further mentions that section 20 is an attempt to strip citizens and journalists off their right to freedom of expression and press by giving Federal Investigation Agency (FIA) blanket powers to curtail these rights. It said that FIA can abuse these powers while the constitution does not allow this. Section 20 took away the legal protections prescribed under the British law that was in effect before PECA and has made exercise of right to freedom of expression almost impossible in the country.

The report also mentioned that section 20 also violates the “reasonable restrictions” listed under Article 19 of the Constitution of Pakistan, and suggests that it is fitting to reverse the law. Advocate Randhawa further mentions in his submission to the IHC that unlike India, the Constitution of Pakistan gives more right to freedom of expression to its citizens and journalists, and that it is not suitable to compare Pakistani laws with Indian laws.
Tags: DefamationFreedom of ExpressionIHCPakistanPECAPrevention of Electronic Crimes ActSection 20
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پیکا کی سیکشن 20 آزادی اظہار رائے سے متصادم قرار، عدالتی معاون کی رپورٹ ہائیکورٹ میں جمع

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This website reports on digital rights and internet governance issues in Pakistan and collates related resources and publications. The site is a part of Media Matters for Democracy’s Report Digital Rights initiative that aims to improve reporting on digital rights issues through engagement with media outlets and journalists.

About Media Matters for Democracy

Media Matters for Democracy is a Pakistan based not-for-profit geared towards independent journalism and media and digital rights advocacy. Founded by a group of journalists, MMfD works for innovation in media and journalism through the use of technology, research, and advocacy on media and internet related issues. MMfD works to ensure that expression and information rights and freedoms are protected in Pakistan.

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