Wednesday, November 6, 2024

Defaming people, institutions online is now a “non-bailable offense”

Judges would be bound to decide “fake news” cases within six months, Law Minister

President Arif Alvi on Sunday signed an ordinance to make amendments in Section 20 of the Prevention of Electronic Crimes Act 2016, (PECA), according to which defaming people and institutions on social media and other online forums will be a “cognisable and non-bailable offense”.

Under the Prevention of Electronic Crimes (Amendment) Ordinance, 2022, which has become effective immediately, the jail term for public defamation has been increased from three years to five years. Spreading “fake news” has also become a non-bailable offense, Federal Minister for Law, Farogh Naseem, warned.

Changes Made under the Prevention of Electronic Crimes (Amendment) Ordinance, 2022:

Following changes have been made under the Prevention of Electronic Crimes (Amendment) Ordinance, 2022:

  • Definition of a “person” has been broadened to include any company, association, institution, organization, authority, or any other.
  • Anyone found guilty of attacking a person’s “identity” will now be sentenced to five years instead of three years.
  • The informant or the complainant shall be “aggrieved person, his authorized representative, or his guardian, where such person is a minor or a member of the public in respect of a public figure or a holder of public office”.
  • The court shall submit a monthly progress report of any pending trial to the high court concerned and shall give reasons for the inability of the court to expeditiously conclude the trial.

Judges to decide “fake news” cases in six months

The law minister further said that the judge hearing a case about fake news would be bound to decide the case within six months.

“In case a judge fails to adjudicate in the given time, a letter will be sent to the respective high court chief justice to seek an explanation from him [judge],” he added.

The ordinance also authorizes the high court to issue “fresh timelines” of a case if it finds the “reasons” given by the trial court “plausible” and beyond its control.  Under the new ordinance, high courts will have the power to summon federal or provincial government officers to remove any “difficulties, hindrances and obstacles” it finds in the case.

Lies shouldn’t become foundation of society

Earlier while addressing a news conference in Karachi, Farogh Naseem said that the Peca 2016 has been amended to penalize fake news as “lies cannot be allowed to become the foundation of a society”. He further said that fake news stories were spread at the will of foreign powers, especially India, to bring instability to Pakistan.

Opposition criticizes Peca amendment

Senator Sherry Rehman, a member of the opposition Pakistan Peoples Party (PPP), criticized amendments in cybercrime laws.

“In its bid to shut down dissent even further the government is using another presidential ordinance to amend cybercrime laws that will be sweeping and draconian in scope,” she said in a tweet.

Related Articles

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Stay Connected

17,828FansLike
11,620FollowersFollow
17,266FollowersFollow

Latest Articles