Hassan SAJID

The Prevention of Electronic Crimes Act (PECA) was introduced in 2016 as Pakistan’s primary law to regulate digital spaces and address cybercrimes. While it aimed to improve online security and protect individuals from digital abuse, the law’s original framework had several gaps that left room for exploitation.
Over time, these gaps became more apparent, especially in cases regarding fake news, online propaganda, and digital harassment. Misinformation spreads rapidly, often damaging reputations and manipulating public opinion. To address these growing threats, the government introduced key amendments to PECA in January 2025, strengthening the law to curb digital misuse and ensure greater accountability in the online world.

When PECA was first introduced, it focused heavily on cybercrimes like hacking, identity theft, and online harassment. However, as social media platforms grew more powerful, a new threat emerged organized misinformation campaigns designed to manipulate public perception.

The original PECA law lacked the tools to respond effectively to this challenge. There were no strict penalties for those who deliberately spread false information, and social media platforms faced little pressure to remove harmful content. This allowed fake news to flourish, often creating confusion and panic.

For example, a 2024 Digital Rights Foundation (DRF) report highlighted how viral fake news campaigns played a major role in distorting public opinion during politically sensitive events. Fabricated content spread rapidly, influencing narratives and fueling unrest. Unfortunately, PECA’s original framework failed to hold the culprits accountable or provide adequate protection to those targeted by false accusations or online harassment.

The absence of proper enforcement mechanisms left victims of digital abuse with limited options for justice, while social media platforms avoided responsibility for allowing harmful content to circulate unchecked.

These weaknesses made it clear that PECA needed serious improvements to address modern digital threats.

Key Amendments in PECA:
To close these gaps, the government introduced a series of amendments designed to improve digital safety, curb misinformation, and strengthen legal protections for citizens.

One of the most significant changes was the introduction of Section 26-A, which criminalizes the ‘intentional’ spreading of false and fake information. Under this provision, anyone found guilty of deliberately spreading false information that harms an individual’s reputation or incites public disorder can now face up to three years of imprisonment and a fine of up to two million rupees.

Another major change was the creation of the Social Media Protection and Regulatory Authority (SMPRA). This new regulatory body was given the authority to monitor digital platforms, ensuring they respond swiftly to requests for content removal. SMPRA can now direct platforms to take down harmful content that promotes hate speech, violence, or false information. This step aims to prevent damaging narratives from gaining traction online.

To ensure that SMPRA’s decisions are fair and transparent, the government also introduced Social Media Protection Tribunals (SMPTs). These tribunals consisting of legal, media, and technology experts are tasked with handling disputes related to content regulation. Their involvement is meant to prevent misuse of the law while ensuring digital accountability remains a priority.

Recognizing the need for stronger investigative capabilities, the government also replaced the Cyber Crime Wing (CCW) with the newly established National Cyber Crime Investigation Agency (NCCIA). Equipped with enhanced powers and a dedicated cybercrime forensic laboratory, the NCCIA is designed to investigate organized misinformation campaigns and identify those responsible for spreading false narratives online.

The amendments to PECA have already shown positive outcomes, particularly in improving digital accountability and protecting citizens from harmful content.
By criminalizing deliberate misinformation, the law has made it riskier for individuals and groups to manipulate public opinion through fabricated stories. This has encouraged more responsible content creation across social media platforms, as bloggers, influencers, and journalists are now more mindful of verifying information before sharing it.

For individuals targeted by online harassment or false accusations, the amendments have brought a sense of security. Victims now have stronger legal backing to pursue justice, with clearer definitions of what constitutes defamatory content or malicious digital abuse. The establishment of SMPRA has improved social media accountability, forcing platforms to remove harmful content faster than before. This has helped curb organized campaigns designed to spread hatred, create panic, or damage reputations.

The creation of NCCIA has also played a key role in tracking down those behind coordinated fake news campaigns, improving law enforcement’s ability to respond to digital threats efficiently.

In addition to protecting individuals, these changes have contributed to improved national security. Fake news campaigns previously had the potential to destabilize public order, especially during elections, protests, or political events. The stricter penalties for deliberate misinformation now discourage those who attempt to manipulate public sentiment for personal or political gain.

Addressing Concerns About Free Speech:
Despite these positive changes, some critics have expressed concerns that the PECA amendments could be misused to restrict free speech or silence political dissent. Critics argue that the definitions of “fake news” and “misleading content” could be misinterpreted, potentially putting journalists, activists, or critics at risk.
In response, the government has clarified that the amendments are designed to target intentional misinformation campaigns, not legitimate criticism, investigative reporting, or fair political debate. The introduction of Social Media Protection Tribunals (SMPTs) ensures that content regulation decisions are made fairly and transparently.

By ensuring the law is enforced responsibly, authorities aim to strike a balance between controlling harmful content and protecting citizens’ right to free expression.

The amendments to PECA were a necessary and timely response to the evolving challenges posed by fake news, digital manipulation, and online harassment. By addressing the weaknesses in the original law, these amendments have strengthened protections for individuals, promoted responsible journalism, and improved accountability for social media platforms.

While concerns about misuse exist, the introduction of fair oversight mechanisms and stricter guidelines for enforcement ensure that legitimate criticism and responsible reporting remain protected. The PECA amendments provide a stronger legal framework for safeguarding digital spaces ultimately fostering a more informed, secure, and responsible online environment for all citizens.