PECA amendments Yet another attempt at controlling the uncontrollable

THE approval by the Prime Minister of amendments to the Pakistan Electronic Crimes Act gives rise to the impression that there is an element within the federal bureaucracy which is rendered uncomfortable by the kind of freedom of speech that social media platforms represent. 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 violative 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.

Social media should not be misused to spread falsehoods, but it should be noticed that social media has led to an upsurge of so-called citizens’ journalism and whistleblowing. One of the reasons why the mainstream media has not been able to control the narrative about Gaza has been the use by Gazans of social media to record their tribulations. This has clearly disturbed official media managers, who have established an elaborate control mechanism for both electronic and print media. However, as the Gaza example shows, control is not possible. As for the spread of disinformation, that rests ultimately on the strength of the dispute resolution mechanism.

The flaws of the justice system should not be used as an excuse to impose restrictions which will ultimately be used to exercise control. If the government could ensure that civil cases were speedily adjudicated, the disinformation problem would be automatically solved. Libel cases, if at all brought, are not resolved at the trial stage for years, and then there is the appeals process, with its cumbersomeness and delays. Even as it is, with all the room for delay, media organizations try to avoid libel suits by internal SOPS ensuring accuracy in what they publish or broadcast. After all, they do not just sell information, but correct information. Social media has seen a decline in accuracy, because citizen journalists do not follow those SOPS, either because of ignorance or because they have an agenda. However, punishment for libel, through the ordinary laws in the ordinary courts, would bring them into line. The government would do better to reform the justice system rather than tackled the tiny corner of social media abuse.