SCBA says Peca Amendment Act 2025 defective legislation

ISLAMABAD: The Supreme Court Bar Association (SCBA) Monday condemned and disapproved the PECA (Amendment) Act 2025, terming it a defective legislation, being violative of Article 19 of the Constitution.

The lawyer body demanded the government repeal it and end restrictions on independent media. The SCBA held a consultative meeting on ‘Media under threat: challenges faced by media persons in post-PECA (Amendment) Act, 2025 period’ here at the Supreme Court building.

The meeting was chaired by SCBA President Mian Rauf Atta, and attended by Association’s Senior Vice President Muhammad Nadeem Qureshi, Vice President Balochistan Muhammad Ishaq Notezai, Acting Secretary Muhammad Aurangzeb Khan, Finance Secretary Chaudhry Tanveer Akhtar, Muneer Ahmed Malik, Ayesha Malik, Hamoodur Rehman Awan, Member Balochistan Bar Council Khalil Panezai and Hafiz Ahsan Khokhar.

Similarly, the meeting was also attended from media by Munizae Jahangir, Arshad Ansari, Afzal Butt, Zahid Hassan, Hamid Mir, Mazhar Abbas, Arifa Noor, Sadia Bukhari, Nasreen Azhar, Fouzia Kalsum Rana, Tariq Usmani, Aftab Alam, Matiullah Jan as well as Zulqarnain, President Press Association of Supreme Court (PAS), along with his cabinet members and members.

The meeting unanimously passed resolutions, emphasising that freedom of expression is a cornerstone of democracy and must be safeguarded against all forms of coercion. The meeting participants opined that the PECA (Amendment) Act, 2025, infringed upon the rights of media persons, protected under Article 19 of the International Covenant on Civil and Political Rights (ICCPR), adopted by the United Nations and to which Pakistan is a signatory.

It asserted that the amendments to the PECA Act, 2025, contravene fundamental rights guaranteed under the constitution and violate the principles of natural justice, including due process and the right to a fair trial under Articles 4, 9, and 10-A of the Constitution.

The meeting found the definition of certain clauses ambiguous and not expressly defined by the legislature, adding that words and phrases such as “false” and “fake” lack clear definitions.

Similarly, the meeting held that term “any person/ individual” has a broad interpretation and should be limited to the aggrieved person or victim.

“Additionally, the definition of the place of occurrence is unclear which could lead to registration of numerous FIRs on different places against single occurrence,” said the resolution, adding that tribunals should be entirely free from executive influence.

The meeting also acknowledged the media as the fourth pillar of the state and reaffirmed its strong support for independent journalism and the protection of media persons, adding that any attempt to curtail media freedom threatens democratic values and transparency.

Likewise, the consultative meeting asserted that laws governing cybercrime and media regulation must be in line with constitutional protections and democratic norms and international covenants to which Pakistan is signatory.

The meeting expressed concern over increasing censorship in digital spaces, including social media crackdowns and content regulation policies that limit free speech, defamation laws and civil rights.