The PECA Amendment Act 2025 - which was recently approved by both the National Assembly and Senate - has been met with a legal challenge in the Lahore High Court.

The petition was filed by journalist Jafar Bin Yar on Wednesday - through his lawyer Nadeem Sarwar - included the federal government, PTA, and other relevant parties as respondents.

He argued that the amendments—especially those related to "fake news" penalties—are a threat to the constitutional right to free speech.

The petition also stated that the newly passed amendments to the Prevention of Electronic Crimes Act (PECA) undermine the constitutional right to freedom of expression.

It contended that the PECA Amendment Bill, which was passed in the National Assembly last week, was introduced without proper consultation with key stakeholders, including journalist organisations.

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The petition further requested that the Lahore High Court declare the PECA Amendment Act 2025 null and void, and suspend any proceedings under the law until a final decision is made.

Controversial provisions

The PECA Amendment Act 2025 - presented in the National Assembly on January 22 - has sparked significant debate due to its provisions targeting online misinformation.

Under Section 26(A) of the amendment, individuals found guilty of deliberately spreading false information on social media, with the intent to cause fear or insecurity could face imprisonment for up to three years, a fine of up to two million rupees, or both.

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The amendment bill also includes establishing a new Social Media Protection and Regulatory Authority, which will be tasked with monitoring and regulating social media platforms in the country.

The authority will have the power to register and deregister social media platforms, enforce content standards, and protect users' rights. If illegal content is shared, the authority will be authorized to take disciplinary action and issue directives to remove such material within 24 hours.

The bill also outlines the composition of the Social Media Protection and Regulatory Authority, which will include nine members, with positions held by officials such as the Chairman of PTA and PEMRA. Notably, the authority will include representatives from the journalist community, including a journalist with at least 10 years of experience.

Nationwide protests

The passage of the PECA Amendment Bill has led to widespread protests across Pakistan, with journalists, civil society activists, and opposition groups voicing concerns over the potential stifling of free speech and the growing control over digital media.

Journalists, in particular, have criticized the lack of consultation during the drafting of the amendment and the potential for misuse of the law to silence dissent and independent reporting.

The establishment of the Social Media Protection Tribunal, which will include a former High Court judge as chairman, has also raised alarms over the possibility of biased rulings in favour of the government.

Despite the protests, the Senate passed the amendment bill on Sunday, paving the way for its formal approval. Critics have warned that the law could have a chilling effect on journalism and online discourse, further entrenching the control of state authorities over digital media.