Pakistan court remands journalist for three days over alleged online misinformation

A Pakistani court on Monday remanded journalist Bilal Ghauri in the custody of the National Cyber Crime Investigation Agency (NCCIA) for three days after authorities accused him of spreading false information on social media about the appointment of a senior counter-terrorism official.

Why was journalist Bilal Ghauri arrested?

Ghauri was produced before a judicial magistrate in connection with a case registered under the Prevention of Electronic Crimes Act (PECA).

The case accuses him of spreading a false narrative about the appointment of NACTA's National Coordinator through his YouTube channel and social media accounts.

The court approved a three-day physical remand and handed him over to the NCCIA for investigation.

What did the NCCIA tell the court?

During the hearing, the NCCIA's investigation officer told the court that the agency had recovered access to Ghauri’s YouTube and X accounts. The agency said the case was registered on Sept. 6 under Sections 20 and 26-A of the PECA Amendment Act.

The First Information Report alleges that Ghauri, on Sept. 5, attempted to mislead the public by creating what the agency described as a "false narrative" about the NACTA appointment. The FIR further alleges the investigation found Ghauri had disseminated information contrary to the facts and not verified, intended to create unrest and undermine confidence in state institutions.

What did Ghauri’s lawyers argue in court?

Ghauri’s lawyer, Hanzala Habib, said the vlog at the center of the case had been uploaded on Sept. 5 and argued that his client had not been served any notice before his arrest. "No notice was issued; he was directly arrested," Habib told the court, adding that public perceptions surrounding the country's courts were not favorable and needed to be addressed.

Another defense lawyer, Imran Shafiq, argued that the program in question remained publicly available on YouTube and contained "not a single word" that could be considered false or incorrect. "Let the NCCIA point out where the false information is in Bilal Ghauri’s vlog," Shafiq said. He added that Ghauri had merely read out an official notification that had already been issued and publicly circulated.

"If it merely seemed objectionable that further promotion [of an individual] did not appear possible, how does that constitute a lie?" Shafiq asked. He further argued that Ghauri had been arrested over a notification that had already been disseminated internationally.

Did journalists respond to the case?

Journalist Asif Bashir Chaudhry also addressed the court during the proceedings, saying journalists were present to express concern over the implications of the case for journalism.

What happened between the magistrate and Ghauri in court?

An exchange between Judicial Magistrate Malik Aman and Ghauri also took place during the hearing over remarks made in the vlog. The magistrate questioned Ghauri about the remarks and asked how he could make such a statement, including whether he would similarly say that the magistrate would do whatever a sessions judge ordered him to do.

Ghauri responded that he had been referring to the concept of a chain of command, arguing that personnel within an institution generally follow directions from their superiors.

He clarified that the judiciary was independent and that such a statement could not be made about the courts, while similar observations could apply to other institutions because of their hierarchical command structures.

After hearing arguments from both sides, the court granted the NCCIA a three-day physical remand of Ghauri.