KBA condemns Peca amendments as ‘egregious assault’ on free expression

The Karachi Bar Association on Tuesday condemned what it called "regressive amendments" to the Prevention of Electronic Crimes Act (Peca) 2016.

In a resolution, the lawyers' body said that these draconian amendments constitute an egregious assault on fundamental freedoms, particularly the constitutional right to free expression and the independence of the judiciary.

"The Peca 2025 amendments, designed to stifle independent media and curtail the constitutional rights enshrined in Article 19 and 19A of the Constitution of Pakistan, 1973, pose a grave threat to the democratic framework of the state," it said.

"Freedom of speech and access to information are not privileges but inalienable rights essential to upholding democracy and safeguarding accountability." The resolution said that these actions were further exacerbated by the passage of the 26th Constitutional Amendment, which directly undermines judicial independence - a cornerstone of democracy and a vital safeguard against authoritarian overreach.

Both measures were implemented without engaging critical stakeholders, including the judiciary, the legal fraternity, and civil society, reflecting the regime's intent to erode constitutional safeguards, weaken institutional checks and balances, and consolidate unchecked power.

It said that the KBA unequivocally rejects these unconstitutional measures, recognizing them as part of a systematic campaign to dismantle the independence of key institutions, silence dissent and suppress accountability.

"A free press and an independent judiciary are indispensable to protecting citizens' rights and ensuring that the government remains accountable," read the resolution. "The weakening of these pillars jeopardizes Pakistan's democratic structure and destabilizes the nation."

"The Karachi Bar Association Cabinet stands resolute in its constitutional duty to defend the rule of law, fundamental rights, and democratic institutions." The KBA demanded immediate withdrawal of the Peca 2025 amendments and 26th Constitutional Amendment. It called for the initiation of a transparent, inclusive, and consultative process involving all stakeholders, including the judiciary, legal fraternity, media and civil society.

"Failure to heed these demands will further erode public trust in state institutions, deepen societal polarization, and accelerate the disintegration of Pakistan's democratic fabric," the KBA warned, reaffirming its unwavering resolve to protect the independence of institutions, uphold constitutional supremacy, and resist any attempts to infringe upon the rights of the people.