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Silencing Dissent

24 0
20.04.2025

“If all of mankind, minus one, were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person”

–John Stuart Mill

The Constitution of Pakistan guarantees the fundamental rights to freedom of speech and expression under Article 19, while also allowing for “reasonable restrictions” by law. However, these rights are now being threatened by recent amendments to the Prevention of Electronic Crimes Act (PECA), 2016 through the Prevention of Electronic Crimes (Amendment) Act, 2025. The amendments introduce several changes that potentially infringe upon the freedom of expression, speech, the right to a fair trial, and privacy. The Honourable Supreme Court of Pakistan has previously clarified the meaning of “reasonable restrictions” in the Pakistan Broadcasters Association v. Pakistan Electronic Media Regulatory Authority case, stating that such restrictions should be just, fair, and well-considered. However, the recent amendments introduce restrictions that seem both overly broad and vague.

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In total, the Amendment Act 2025 introduces thirty-six (36) amendments across fourteen (14) sections of PECA 2016. Among these amendments, one of the most controversial and widely discussed aspects is the criminalisation of information under the vague and undefined terms “false” and “fake”. This raises significant concerns about the potential for stifling free speech and expression, which is guaranteed under Articles 19 and 19-A of the Constitution.........

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