Freedom of expression under PECA 2025: A Constitutional analysis

Abstract

Pakistan’s Prevention of Electronic Crimes (Amendment) Act 2025 establishes a framework of administrative measures and criminal provisions to regulate the dissemination of false information. The main amendment in PECA Act 2025 is the addition of Section 26A dealing with an offence concerning dissemination of false or fake information likely to cause certain public consequences. Section 26A also sets out administrative measures to file complaints in respect of such information, removal and blocking of content, regulation of online platforms as well as investigation of cybercrimes.

This article supplies an analysis of Section 26A of PECA Act, 2025 as incorporated in the Main Framework of Prevention of Electronic Crimes (Amendment) Act, 2025. It further analyzes that all the essential ingredients of Section 26A such as falsity, fault, potential harm and necessity have to be individually justifiable.

This article is mainly based on Articles 4, 8, 10A, 14, 19 and 19A of the Constitution and the case of Pakistan Electronic Media Regulatory Authority v. ARY Communications (Pvt.) Ltd. (2023) PLD 2023 SC 431. The article also discusses PECA cases, the structure of new amendment in PECA 2025, Article 19 of the ICCPR and some comparative cases.

That is not to say, however, that all digital information which is deliberately spread can be suppressed or blocked, regardless of the serious and imminent harm that it can cause to the public. There is a legitimate aim of the State in dealing with such information. What is, however, required is that it must survive substantive constitutional scrutiny.