Threats to Freedom of Speech

Democracy without freedom of speech is like a body without a soul. The ability to express opinions, question authorities, and engage in open discussions is fundamental right to any democratic system. However, in Pakistan, this essential right is under threat due to the Prevention of Electronic Crimes Act (PECA) and its recent amendments.

Initially introduced in 2016 to combat cybercrimes, the law has increasingly been used to silence dissent, regulate online spaces, and curb digital freedom. The PECA Act has intensified these concerns, sparking widespread opposition from journalists, human rights organizations, and civil society. To fully grasp the gravity of this issue, it is essential to understand the origins and recent amendments of the PECA Act.



The Prevention of Electronic Crimes Act (PECA) was enacted in 2016 under the pretext of controlling cybercrimes, hate speech, and misinformation. While the original law already contained vague provisions that enabled government control over digital expression, the PECA Act has significantly expanded the authorities’ power to suppress online discourse. The Passed by the National Assembly on January 23, 2025, and approved by the Senate on January 28, this amendment criminalizes individuals accused of spreading so-called false and fake information, with penalties extending to three years in prison and fines up to two million rupees.

This law was introduced by Federal Minister for Industries and Production, Rana Tanveer Hussain, and was hastily passed without proper parliamentary debate, as opposition members had already walked out in protest. The Pakistan Federal Union of Journalists (PFUJ) strongly opposed the act, immediately rejecting it and calling for a nationwide strike. Furthermore, legal challenges have been filed in the Lahore High Court, with petitioners arguing that the law is unconstitutional and a tool for suppressing free speech rather than protecting citizens from misinformation.

PML-N supremo Nawaz Sharif, CM Maryam meet lawmakers to discuss development projects The suppression of free speech through legal means is not a new phenomenon in Pakistan. The country has a long history of restricting free speech under the guise of national security and social stability. During General Zia-ul-Haq’s military dictatorship in the 1980s, draconian censorship policies led to the arrest and exile of journalists, while publications that criticized the government were shut down.

Renowned poets and writers like Faiz Ahmed Faiz and Habib Jalib were either imprisoned or forced into exile for their political views. Today, similar tactics are being used under democratic rule, albeit in more sophisticated forms. Instead of banning newspapers, the state now pressures media owners, restricts advertising revenue, and manipulates digital algorithms to suppress dissenting voices.

The PECA Act legalizes these tactics, granting the government unchecked authority to remove content and prosecute individuals for their online statements. Swedish court finds man guilty of hate crime over Holy Quran desecrations A closer look at the provisions of the PECA Act reveals why it poses a serious threat to free speech. One of the most troubling aspects of the amendment is its vague definition of what constitutes “false information.

” The law does not provide a clear standard for truthfulness, leaving it open to selective interpretation. This ambiguity allows authorities to label any criticism of government policies as misinformation. For instance, if a journalist exposes corruption within a government institution, their report could be deemed as “fake news,” leading to legal consequences.

Similarly, human rights activists highlighting enforced disappearances or minority persecution could face charges under this law. This not only violates fundamental rights but also creates a chilling effect, discouraging people from discussing critical social and political issues. To put Pakistan’s situation in a global perspective, it is useful to examine similar laws in other countries.

Pakistan is not alone in using laws under the guise of combating fake news to stifle dissent. Countries such as China, Turkey, and Russia have implemented similar legislation with devastating consequences for free expression. The Chinese government heavily regulates digital content, blocking social media platforms like Twitter and Facebook.

Under its cybersecurity laws, journalists and activists who criticize the state often face arrest and prolonged imprisonment. In Turkey, the president Recep Tayyip Erdogan’s government has used disinformation laws to arrest journalists and suppress opposition voices. In 2022, a journalist was sentenced to prison for reporting on corruption within the ruling party.

In Russia, criticizing government policies, particularly regarding the war in Ukraine, has been criminalized under disinformation laws. Independent media outlets have been forced to shut down, and social media platforms are under strict surveillance. Car bomb kills 20 in northern Syria Pakistan’s PECA Act mirrors these authoritarian measures, signaling a dangerous shift away from democratic norms.

The consequences of these policies are already being felt by journalists and civil society. Journalists are among the most vulnerable under the PECA Act. According to Reporters Without Borders (RSF), Pakistan ranks 150th out of 180 countries in the 2024 World Press Freedom Index.

The country has witnessed a sharp increase in attacks on journalists, with many facing threats, abductions, and criminal cases. The new act further endangers press freedom by giving the authorities legal grounds to target media professionals who report on controversial issues. Moreover, civil society organizations advocating for human rights, labor rights, and minority rights could also face increased surveillance and legal action.

For instance, activists working to document cases of enforced disappearances, an issue that has long plagued Pakistan, may now find their work classified as spreading false information. Earthquake jolts KP’s Swat, Mingora region To genuinely tackle misinformation while preserving free speech, Pakistan should consider alternative solutions. While misinformation is a legitimate concern, granting unchecked power to the government is not the solution.

Instead, independent fact-checking institutions and media literacy programs should be strengthened to address the spread of fake news. Countries with strong democratic traditions have successfully implemented such measures without compromising free speech. For example, the United States government has introduced various Platforms like PolitiFact and FactCheck.

org work independently to verify political claims and media reports. The German government has introduced stringent guidelines requiring social media companies to remove harmful content while ensuring transparency and due process. Pakistan could adopt similar approaches by promoting media literacy and enhancing the capacity of independent regulatory bodies rather than restricting citizens’ voices.

Govt to invite expressions of interest for PIA sell-off this month Ultimately, the passage of PECA act marks another dark chapter in Pakistan’s struggle for democracy and human rights. By criminalizing free expression, the government is not protecting the public from misinformation but rather shielding itself from accountability. History has shown that suppressing free speech only leads to greater resistance.

From the days of colonial censorship to the fight against military rule, the people of Pakistan have continuously fought for their right to speak, write, and protest. Today’s digital age is no different despite increasing restrictions, voices of dissent will continue to find ways to resist. The question remains: Will Pakistan move towards a more open society where debate and criticism are valued, or will it follow the path of authoritarian regimes where silence is enforced by law? The answer will shape the country’s democratic future.

It is up to the citizens, journalists, and civil society to push back against these repressive measures and reclaim their fundamental right to free speech. Saqib Hussain Mugheri The writer is pursuing an MPhil at the National Institute of Pakistan Studies (NIPS) from Quaid-e-Azam University Islamabad. He can be reached at mugherisaqibhussain@gmail.

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