Peca and the press

The arrest of journalist Farhan Mallick and his subsequent four-day physical remand at the hands of the Federal Investigation Agency (FIA) is yet another troubling sign of the shrinking space for press freedom in Pakistan. This again can be attributed to the Prevention of Electronic Crimes Act (Peca). Media bodies, including the Association of Electronic Media Editors and News Directors (AEMEND), have categorically condemned the move, terming it an attempt to suppress dissent. Time and again, journalists and media organisations have pointed out that most such cases are based on vague, unclear and bogus charges, exposing the dangers of draconian laws being used as instruments of coercion against journalists and dissenting voices. The misuse of Peca is hardly new. From its inception under the PML-N to the PTI’s attempted amendments and the latest, even more repressive changes introduced this year, the law has been roundly and consistently criticised for being a tool of intimidation rather than a genuine effort to combat misinformation. While disinformation is undoubtedly a serious issue, successive governments here have responded by crafting laws that can target anyone at will rather than addressing the root causes through transparent, consultative processes. The recent amendments to Peca have only exacerbated the problem, allowing state institutions to wield unchecked power against journalists, activists and even ordinary citizens who dare to express independent opinions.

This pattern of suppressing dissent is alarming. Pakistan’s ranking in the 2024 World Press Freedom Index reflects this downward spiral, slipping to 152 out of 180 nations -- an indictment of the state’s hostility toward independent journalism. The methods employed to silence journalists are well-documented: from coercive legal action and arbitrary arrests to more sinister tactics such as enforced disappearances of journalists' family members. It is disingenuous for any state to claim strength while simultaneously fearing its independent media. A government confident in its policies and actions would welcome scrutiny, not punish those who bring truth to light. Unfortunately, the Pakistani state has consistently demonstrated its unwillingness to tolerate dissent. Regardless of who is in power in government, dissent or even slight difference has been seen as a major crime. When the state cracks down on journalists it is really only trying to stifle public discourse.

The responsibility of tackling disinformation cannot be left to an oppressive state alone. The media industry must lead efforts to establish robust ethical guidelines and self-regulatory mechanisms to address the challenges of fake news. However, the answer cannot lie in sweeping legal measures that allow authorities to arbitrarily detain journalists under vague pretexts. Instead of criminalising journalism, the state must engage in dialogue with media representatives to formulate fair and balanced policies that genuinely protect both press freedom and public interest. A country where journalists are hounded for doing their jobs is a country that has much to fear. If we continue down this path of suppressing

free press, we lose even more as a nation. No state is so fragile that it can be destabilised by independent journalism.