Pakistan’s controversial social media law challenged in court on first day

Pakistan's controversial new social media law faced its first legal challenge on Wednesday, the same day President Asif Ali Zardari signed it into law, as journalists and rights groups argue it could be used to stifle press freedom in the world's fifth most populous country.

The petition, filed in the Lahore High Court by Jafar Bin Yaar, joint secretary of the Lahore press club, challenges multiple sections of the Prevention of Electronic Crimes Act (PECA) amendments as unconstitutional. The law grants authorities broad powers to regulate online content and imprison those accused of spreading "false or fake information."

Free expression in crosshairs

The legal challenge specifically targets provisions that restrict criticism of the judiciary, armed forces, and parliament, arguing they violate constitutional guarantees of free expression. It also questions the law's fast-tracked passage through parliament and lack of stakeholder consultation.

"The amendments are disproportionate, non-transparent and anti-free speech," the petition states. "These amendments will lead to silencing dissenting voices and suppressing critical journalism instead of countering disinformation."

Under the new law, individuals found guilty of spreading what authorities deem false information face up to three years in prison and fines of up to PKR 2 million ($7,200). The legislation also establishes a powerful regulatory body with authority to block online content and oversee social media platforms.

The government defends the law as necessary to combat misinformation and cybercrime. However, digital rights advocates warn it could be weaponized against journalists and political opponents in a country already ranking 152nd out of 180 nations on the 2024 World Press Freedom Index.

The petition cites a 1996 Supreme Court precedent establishing public right to challenge constitutional violations, and requests the court suspend implementation until the case is resolved.

Pakistan has already restricted digital media access in recent months, with social media platform X blocked for over a year and authorities reportedly slowing internet speeds.

The case represents the first significant opposition to the law through legal channels, following widespread protests by journalists and opposition parties during its rapid seven-day journey through parliament.

The amendments

The PECA amendments create a new Social Media Protection and Regulatory Authority with sweeping powers to oversee online platforms and order content removal. The law was rushed through parliament, introduced as supplementary agenda just one day before its National Assembly approval last week, with parliamentary rules suspended to fast-track its passage.

"This is a black law," opposition senator Shibli Faraz said during Tuesday's Senate proceedings. "While no one condones the spread of false news, the process of passing this bill is flawed."

The Pakistan Federal Union of Journalists has led protests in major cities, saying the government bypassed normal consultative processes. "It is a direct attack on press freedom," PFUJ President Afzal Butt said at a rally before police blocked protesters from approaching parliament.