Freedom of speech, thought and association are basic human rights enshrined in the charter of human rights, the charter of the United Nations and our own constitution of 1973. Ironically every government since the dawn of independence has tried its best to stifle all voices of dissent, be it the Press and Publication Ordinance of the Ayub regime or the latest Prevention of Electronic Crimes Act (PECA) of 2016 and the latest amendments to it in 2024. The latest amendments to this draconian law have ignited a fierce debate in the country because the government wants to introduce stricter penalties for spreading fake news, including five years in prison and a fine amounting to one million rupees.
It has been decided to establish a new watchdog by the name of the Digital Rights Protection Authority (DRPA) to keep a strict watch on social media platforms. According to the government the aim of the proposed amendments is to protect national security by regulating the online content, prevent the spread of fake news and hate speech. Human rights activists and social media watch dogs have raised serious concerns about the inherent misuse of PECA for persecuting political rivals and their social media supporters. This amendment to PECA will result in censorship, denial of freedom of expression and many other misuses at the will of the government of the day in future.
The million-dollar question is: who will define fake news? Turning any news into fake news will be a deadly weapon of victimisation in the hands of the executive branch of government.
There is no doubt in anybody’s mind that the spread of fake news and hate speech is a matter of worry for all civilised and democratic societies of the world. This new electronic menace has terrible consequences because it can be used for inciting violence, manipulate public opinion and destroy all trust and faith in national institutions. Prevention of Electronic Crimes Act (PECA) was introduced in Parliament by the PMLN government in 2016 and it was touted as a shield against harassment and hate speech. At this time the heinous terrorist crime of the Army Public School (APS) in Peshawar was still fresh in the minds of the people so the government was able to justify it and the entire bill was swallowed hook line and sinker by the law makers of the day.
Today it has become clear that PECA was crafted to be nothing but a deadly weapon in the hands of the authorities to intimidate, frighten and harass political opponents and stifle the voices of all critics of Government policies. Since the birth of the new PECA laws a number of politicians, journalists and ordinary citizens have been threatened by the state agencies for the crime of criticising the government of the day. What is happening is nothing new in this country: since independence, all previous governments have used strong-arm tactics, legal and even illegal methods to silence the voice of those speaking against the government The latest laws of PECA and the amendments are nothing but a cruel weapon in the hands of the government to control harass and silence the voices of dissent and today we find numerous people facing the wrath of the government for the crime of daring to oppose the government and challenge the status quo.
Fake news means lies and fabricated material meant to deceive or dupe the public. The spread of fake news is nothing but a mala fide and malicious idea to influence the results of an election, discredit political opponents or spread false and negative propaganda. Fake news is the curse and evil of the modern age of electronic media and social media. Almost all modern and democratic nations of the world have adopted many methods to fight the menace of fake news. Many countries have now enacted some laws such as defamation and libel or slander and such laws are frequently used to punish individuals or organisations found guilty of spreading fake news or indulging in defaming or slandering others. Some countries now also have established regulatory bodies to check the spread of fake news and prevent slander.
The regulation and control of fake news is a double edged sword. The government of the day is duty-bound by law and the constitution to shield the public from misinformation or disinformation but over-regulation can prove disastrous for freedom of speech and media. Democratic nations have to protect their citizens from fake news but at the same time preserve the fundamental rights of the people and allow them to express their views without fear. The difference between real and fake news needs a very subtle and clear understanding of the issues involved. False and fake news both can be corrected by strict monitoring and fact checking along with legal and regulatory methods. All civilised nations have to fight the curse of misinformation and fake news for the protection of all citizens and the protection of the basic fundamental rights enshrined in the charter of human rights and the constitution of the country.
The most recent approval of PECA by the Prime Minister creates an impression that the powerful federal bureaucracy is not happy with the type of freedom of speech made possible by the social media. All governments past and present have tried their best to control the social media. It is not that this is a party issue. No matter what the affiliation of the government, it attempts to control social media. The PTI’s attempts ended with the Islamabad High Court striking down its amendments to the PECA as violation of the constitutionally guaranteed right to freedom of speech. The amendments allow the setting up a Digital Rights Protection Authority, which will also apparently have the right of asking for sources. In short, the Information Ministry is to get its own police force, and will not have to rely on the FIA, which falls under the Interior Ministry.