Plea challenging constitutionality of Peca filed in PHC

PESHAWAR: A writ petition was filed in the Peshawar High Court (PHC) to challenge the constitutionality of the Prevention of Electronic Crimes (Amendment) Act, 2025.

The petition argued that the recently enacted amendments to the Prevention of Electronic Crimes Act (PECA), 2016, imposed restrictions on fundamental freedoms, including freedom of expression, privacy rights, and due process, in violation of the Constitution of Pakistan and international human rights standards.

The petition, filed under Article 199 of the Constitution by journalist Anil Masih through Advocate Nauman Muhib Kakakhel, named the Ministry of Law and Justice, Ministry of Interior, Pakistan Telecommunication Authority (PTA), Pakistan Electronic Media Regulatory Authority (PEMRA) and the Federal Investigation Agency (FIA) as respondents.

The amendment was challenged for allegedly criminalizing dissent, granting excessive powers to regulatory authorities, and suppressing independent journalism under the pretext of combating “false and fake information.”

The petition challenged Section 26(A) of the Amendment Act, which introduced ambiguous and arbitrary provisions that can be weaponized against journalists, activists, and ordinary citizens.

according to the petition, the amendments infringed upon Articles 4, 9, 10, 10-A, 19, 19-A, and 25 of the Constitution by restricting free speech, curbing press freedom, and allowing for arbitrary prosecution of digital content creators.

The petition said that the establishment of the Social Media Protection and Regulatory Authority (SMPRA), Social Media Protection Tribunals, and National Cyber Crime Investigation Agency (NCCIA) consolidated unchecked executive control over digital expression with no judicial oversight.