On Sunday, Pakistan’s President, Dr. Arif Alvi, issued an ordinance amending the Prevention of Electronic Crimes Act (PECA), 2016 to make ‘fake news’ a cognizable and non-bailable offence.
The bill, which was written by the Prime Minister’s aide on Parliamentary Affairs, Babar Awan, was sent to the federal Cabinet for approval on Saturday. It was signed into law by President Alvi on Sunday, following formal Cabinet approval.
The Minister for Law and Justice, Barrister Dr. Farogh Naseem, stated at a press conference following a Cabinet meeting in Islamabad that the imprisonment for spreading ‘fake news’ has been increased from three to five years through an amendment to Section 20 of the PECA, 2016.
The ‘Prevention of Electronic Crimes (Amendment) Ordinance, 2022’ criminalizes defamation against civil and military institutions, as well as public officeholders, and allows complainants to seek defamation and criminal proceedings against the accused.
According to the ordinance, a “person” is now defined as any “company, association, or body of people, whether incorporated or not, institution, organization, authority, or any other body established by the government under any law or otherwise.”
The ordinance requires judges to rule on fake news and online defamation cases within six months.
“The trial shall be concluded expeditiously, but preferably not later than six months of taking cognizance of the case,” it read.
The ordinance also stated that the court must submit a monthly progress report on any pending trial to the high court concerned, along with reasons for the court’s inability to conclude the trial expeditiously.
It read: “In case the high court finds the reasons given by the court under sub-section (2) to be plausible … it may accept the explanation of the court, and prescribe fresh timelines for the conclusion of a trial”.
In addition, if the judge or any of the court’s functionaries were found to be responsible for the trial’s delay, the high court could order disciplinary action against them.
To read our blog on “Waqar Zaka sent legal notice to Dunya News on publishing fake news against him,” click here.