PECA Amendment Act 2025- The Key Points

Pakistan has introduced significant amendments to the Prevention of Electronic Crimes Act (PECA) 2016 through the PECA Amendment Act 2025. The act has now turned into law as President Asif Ali Zardari on January 30, gave his assent to the suggested amendments.

The lawmakers say that these amendments focus on enhancing accountability, protecting digital rights, and ensuring a safer digital environment for citizens while a huge number of journalist bodies, media organisations and human rights organizations are criticizing it, calling it an attack on freedom of expression on internet.

Here are some key points from PECA Amendment Act 2025.

Key Amendments and Provisions:

1. Establishment of the Social Media Protection and Regulatory Authority (SMPRA):
   • A new regulatory body, the Social Media Protection and Regulatory Authority (SMPRA), will be established to oversee social media platforms, regulate unlawful content, and ensure compliance with national laws.
   • The SMPRA will have the power to block or remove content deemed harmful, offensive, or against the ideology of Pakistan. It can also impose fines, suspend or revoke the enlistment of social media platforms, and issue guidelines for online safety.
   • The Authority will consist of a Chairperson and eight members, including ex-officio members from key government bodies like the Ministry of Interior, PEMRA, and PTA.
2. Definition of Key Terms:
   • The amendments introduce new definitions, such as “aspersion” (spreading false and harmful information), “unlawful or offensive content”, and “social media platform”, to clarify the scope of the law.
   • Social media platforms are defined broadly to include websites, applications, and services that allow users to share content, excluding licensed telecom operators.
3. Regulation of Unlawful Content:
   • The SMPRA is empowered to issue directives for the removal or blocking of content that:
     • Incites violence, hatred, or public disorder.
     • Promotes terrorism or violence against the state.
     • Contains false information, obscenity, or defamatory material.
     • Targets individuals or institutions, including the judiciary, armed forces, and parliament.
   • Social media platforms are required to establish transparent complaint-handling mechanisms for users to report unlawful content.
4. Creation of the Social Media Complaint Council and Tribunal:
   • A Social Media Complaint Council will be established to address grievances related to online content violations. It will consist of a Chairman and four members, including experts in IT, law, and social media governance.
   • A Social Media Protection Tribunal will be formed to adjudicate cases related to online content and appeals against SMPRA decisions. The Tribunal will include a Chairman (qualified to be a High Court judge), a journalist, and a software engineer.
5. Penalties for Disseminating False Information:
   • A new section, 26A, introduces penalties for intentionally spreading false or fake information that causes fear, panic, or public unrest. Offenders may face up to three years in prison, a fine of up to PKR 2 million, or both.
6. National Cyber Crime Investigation Agency (NCCIA):
   • The amendments replace the Cyber Crime Wing of the Federal Investigation Agency (FIA) with a new National Cyber Crime Investigation Agency (NCCIA). The NCCIA will be responsible for investigating cybercrimes, conducting forensic analysis, and prosecuting offenders.
   • The agency will be headed by a Director General and will have the authority to form joint investigation teams with other law enforcement agencies.
7. Enhanced Powers and Responsibilities:
   • The SMPRA and NCCIA will have extensive powers to enforce compliance, including blocking access to non-compliant platforms, conducting inquiries, and imposing fines.
   • The amendments also introduce provisions for the regulation of AI technologies, ensuring that innovation aligns with national security and ethical standards.
8. Transparency and Accountability:
   • The SMPRA will submit annual reports to Parliament, maintain transparent financial records, and undergo audits by the Auditor General of Pakistan.
   • The Authority is mandated to promote awareness about online safety, digital rights, and responsible social media usage.

Also Read= PECA Amendment Act 2025: SC moved against controversial amendments

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