Federal govt proposes 5-year jail, Rs1m fine for propaganda perpetrators

ISLAMABAD: The federal government has finalised the draft Prevention of Electronic Crimes (Amendment) Act, 2024, which suggests five-year imprisonment or a fine of Rs 1 million for those deliberately spreading fake news.

The initial draft introduces significant changes, including the formation of a Digital Rights Protection Authority (DRPA) with extensive powers to deal with online content removal that is deemed harmful to public safety or state interests.

Prime Minister’s adviser on Legal Affairs Barrister Aqeel Malik confirmed the development, saying that the new provisions were aimed at eliminating fake news and negative propaganda.

“This law will ensure transparency, public consultation, and protection of freedom of expression and will be used only to promote social harmony,” Aqeel wrote on X.

The changes in the Peca Act stated that spreading false information, inciting fear, or disrupting peace through online platforms could lead to severe penalties. “Individuals found guilty of such offences may face both imprisonment and fines,” reads the draft.

Furthermore, the government would set up the Digital Rights Protection Authority (DPRA), a new body to take up the powers currently exercised by the Pakistan Telecommunication Authority (PTA) under Peca.

The authority would advise federal and provincial governments on digital ethics and related fields and will be empowered to block or remove online material targeting law enforcement agencies, state institutions, or individuals.

The authority can ask the government and social media companies to block or remove unlawful online content involving threats, false accusations, or pornography. Decisions by the authority can be challenged in a tribunal, ensuring a system of checks and balances.

As per the draft amendments, all decisions of the DRPA would be made with the agreement of the majority members, but in case of any urgent matter, the chairperson will have exclusive powers to issue directives for blocking any unlawful online content.

The chairperson’s decision will have to be “ratified” by the authority within 48 hours.

Unlawful content

The definition of unlawful content has also been considerably expanded in the draft amendment.

In its existing form, Peca defines “unlawful online content” — in Section 37 — as: “… [content against the] glory of Islam or the integrity, security or defence of Pakistan or … public order, decency or morality, or in relation to contempt of court or commission or incitement to an offence under this Act.”

The amended draft lists at least 16 types of content, which would be deemed unlawful.

These include blasphemous content, incitement of violence and sectarian hatred, obscene or pornographic material, copyright violation, abetment of crime or terrorism, fake or false reports, aspersion against constitutional institutions and their officers, including judiciary or armed forces, blackmail, and defamation, etc.