Apex Court petitioned against controversial PECA Act

Plea filed in SC seeking annulment of the Act following similar challenges in SHC and LHC

ISLAMABAD: A citizen has moved the Supreme Court, challenging the recent amendments to the Prevention of Electronic Crimes Act (PECA) and calling it “ultra vires” to the constitutional authority of the legislature.

The fresh petition comes days after the PECA Amendment Act 2025 was challenged in the Lahore High Court (LHC), with concerns raised over its impact on freedom of expression and press liberties.

The plea, moved by citizen Filed by Muhammad Qayum Khan, urged the apex court to annual the amendments, fearing it erode freedom of speech and human rights.

The petition also seeks a full court review of both the recent changes and the original PECA law, arguing that they violate fundamental freedoms.

“In the national interest of peace and stability, it is humbly requested that a full court bench review the amendment and the existing law in light of our fundamental right to express opinions and share information in society,” the petition states.

The petition warned that PECA’s expansion could lead to state censorship and targeted legal action against political opponents, journalists, and activists.

The PECA Amendment Act has also been challenged in the Sindh High Court (SHC). The petition against the Act was filed through Advocate Ibrahim Saifuddin, with the federal government, the Ministry of Information, and the Ministry of Information Technology and Telecommunications named as respondents

It should be noted here that opposition parties, media organisations, and civil rights groups have widely condemned the law, arguing that it curbs free speech and restricts digital rights.

With President Asif Ali Zardari’s assent, the amended PECA law has now taken effect. The revised provisions introduce stricter penalties for spreading “false” information online, lower the punishment for misinformation to three years in prison, and impose a fine of up to Rs2 million.

The amendments also introduce several new regulatory bodies, including the Social Media Protection and Regulatory Authority (SMPRA), the National Cyber Crime Investigation Agency (NCCIA), and the Social Media Protection Tribunal.

Special tribunals will resolve cases within 90 days, with appeals allowed to the Supreme Court within 60 days.

Last week, a writ petition challenged the PECA Amendment Bill 2025 was filed in the Lahore High Court (LHC), requesting the court to declare several of its provisions unconstitutional for being inconsistent with various articles of the Constitution of Pakistan, 1973.

The petition was filed by Lahore Press Club member Jaffar Bin Yar through his counsel, Advocate Nadeem Sarwar. The plea names the Election Commission of Pakistan (ECP), Pakistan Telecommunication Authority (PTA), Ministry of Law, Cabinet Division and Ministry of Information Technology & Telecommunication as respondents.

The petition argues that the National Assembly fast-tracked the approval of the PECA amendment bill last week by suspending its own rules, bypassing necessary scrutiny.

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