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Tuesday March 18, 2025

Puj moves LHC against PECA amendment

By Our Correspondent
February 27, 2025
Lahore High Court building can be seen in this picture. — APP/File
Lahore High Court building can be seen in this picture. — APP/File

LAHORE:The Punjab Union of Journalists (Workers), in a significant legal move, has challenged the constitutionality of the Prevention of Electronic Crimes (Amendment) Act, 2025 in the Lahore High Court. The petition was filed by PUJ Workers President Ziaullah Khan Niazi through his counsel Barrister Haris Bhatti.

The petition argues that the law infringes upon multiple fundamental rights enshrined in the Constitution of Pakistan, including freedom of expression, due process and judicial independence. The petition raises concerns over various contentious provisions of the Amendment Act. It highlights ambiguous terms such as “ideology of Pakistan,” “aspersion,” and “harmful,” arguing that their lack of clear definitions grants authorities excessive discretion to criminalise speech, including satire, criticism, and factual reporting.

It contends that these provisions violate Articles 19 (freedom of expression) and 10A (right to a fair trial) of the Constitution. Sections 2C and 2G (2) empower the Social Media Protection and Regulatory Authority (SMPRA) to block or remove online content within 24 hours without judicial oversight. The petition asserts that such powers infringe upon Articles 4, 10A, and 19, undermining due process and fundamental rights. Section 2P grants authorities blanket immunity from legal action, shielding officials from accountability even in cases of unconstitutional conduct. This, the petition argues, violates Articles 4, 9, and 10A of the Constitution. Provisions regarding the establishment and functioning of specialised tribunals reportedly compromise judicial autonomy by allowing the executive undue influence over appointments and removals.