IHCJA challenges PECA amendments before IHC

ISLAMABAD  -  The Islamabad High Court Journalists Association (IHCJA) on Monday challenged the recent amendments to the controversial Prevention of Electronic Crimes Act (PECA) before the Islamabad High Court (IHC).

However, Acting Chief Justice of IHC Justice Sarfaraz Dogar directed to club the petition with other petitions as the case be linked with other pending petitions before Justice Inam Ameen Minhas. He further said that Justice Minhas would also decide on the request for a larger bench in this matter.

The IHCJA president Hussain Chaudhary and secretary general Raja Shahzad Ali filed the petition through their counsel Mian Sami-ud-Din Advocate and prayed to the court to declare that the Amendment Act and the resulting amendments that have been introduced into the Prevention of Electronic Crimes Act, 2016 are ultra vires the Constitution.

They also requested the court to strike down the Amendment Act and the resulting amendments that have been introduced into the Prevention of Electronic Crimes Act, 2016.

During the hearing, the acting chief justice inquired about the schedule of hearing of the similar petition. To which Advocate Mian Sami responded that the case before Justice Minhas had been postponed for two weeks.

The new amendments also proposed the establishment of the Social Media Protection and Regulatory Authority (SMPRA), the National Cyber Crime Investigation Agency (NCCIA) and the Social Media Protection Tribunal.

The petition stated that any person aggrieved by fake and false information can approach the authority for removal or blocking access to such information and the authority would issue orders no later than 24 hours on the request.

It added that the fresh changes also stated that the authority might require any social media platform to enlist with it in any manner, form and on payment of such fee as may be prescribed.

The petition argued that the PECA Amendment Act was an attack on press freedom and requested a judicial review of it. The petitioner’s lawyer also urged the court to form a larger bench to hear the case.

The petitioners argued that the appointment of an authority and tribunal under PECA falls under government jurisdiction. They said that the PECA Amendment Act 2025 violates Articles 19 and 19A of the Constitution.  

They asserted that the law grants the government unlimited censorship powers, severely infringes on digital rights and that the regulatory authority under PECA has no constitutional standing.

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