Govt tables amendments to Peca in NA: Proposed prison term brought down to 3 years

The latest draft of the proposed changes in the country’s cybercrime laws has lowered the prison term in case of violations to three years from seven years while fines remain the same at Rs2 million, reported 24NewsHDTV channel. 

The federal government tabled amendments to the Prevention of Electronic Crimes Act (Peca) in the National Assembly, proposing significant changes to the existing cybercrime laws. 

A central feature of the amendments is the establishment of the Digital Rights Protection Authority (DRPA), which will be tasked to regulate online social media content to ensure the protection of citizens' digital rights.

The amendments have been prepared keeping in mind the increasing number of digital technologies and cybercrime. If approved, the Act will make citizens, institutions, and the economy safer. The amendment is an attempt to protect the digital environment from threats while also promoting it. 

According to the key features of the proposed amendments, the DRPA will have the authority to remove, block and access obscene or prohibited content online. Moreover, spreading fake news will be punishable by imprisonment for up to three years, a fine up to Rs2 million, or both. 

The DRPA will investigate complaints regarding prohibited or obscene content and take action against individuals involved in sharing unlawful material. 

The authority will consist of nine members, including a chairperson appointed by the federal government for a three-year term. Four of the members will be appointed by the government and five from the private sector. The federal government will appoint a chairperson and three members for three years. 

The composition includes the interior secretary, the IT Ministry secretary, the chairmen of PTA and PEMRA, as well as professionals from journalism, software development, legal, and IT sectors. All the decisions within the authority will be made with a majority. 

The chairperson of DRPA will have exclusive authority to issue orders to block any illegal online content. The authority will have to 'confirm’ the decision of the chairperson within 48 hours. 

The proposed amendment introduces a new definition of "social media platform", including tools, software, websites, applications, and systems that allow access to social media platforms. A new clause in Section 2 of Peca further defines terms defined in the law. The amendment will also improve cooperation with social media platforms. 

The DRPA will oversee compliance with regulations, setting conditions for social media platforms to operate in Pakistan and determining the timeframe for them to implement orders. Social media companies will be required to register and may be directed to establish local offices or representatives. The authority will have the power to 'register' social media platforms and set conditions for their operations. 

The current definition of 'illegal online content' includes anti-Islam, against national security or defence, public order, indecency, immoral content, contempt of court or abuse. The amendment lists 16 categories of illegal content, including blasphemy, hate speech, and incitement to violence, communal hatred, crime, or terrorism. Content against national security, public order, or morality. Copyright infringement, pornography, fake news, defamation, and blackmail targeting institutions, including the armed forces.

The DRPA will provide education, research, encouragement, and facilitation of social media. It will also work with federal and provincial governments on digital ethics and ensure the online protection of users. As per the draft of amendments, online content will be regulated, and safe and responsible use of the internet will be promoted. 

The proposed changes aim to modernize cybercrime legislation to meet the challenges posed by the rapid advancement of digital technologies. The government seeks to establish a strong legal framework to counter cyber crimes. Offer a clear definition and regulation of illegal online content. Protect citizens’ digital rights and ensure online safety. Address issues such as hate speech, misinformation, and content inciting violence. Foster collaboration with social media platforms for effective content regulation. 

Reporter: Rozina Ali