‘Digital crackdown compliant with FIA and cybercrime laws’

The Federal Investigation Agency (FIA) told the Sindh High Court (SHC) on Thursday that the security bureau’s crackdown on digital activists was in accordance with the FIA and cybercrime acts, as state institutions and the armed forces were allegedly being criticised on social media.

Filing comments on a petition against the recent digital crackdown, the FIA told the SHC that the action taken by the agency was protected under Section 5 of the FIA act.

The section reads: “...the members of the agency shall, for the purpose of an inquiry or investigation under this act, have throughout Pakistan such powers, including powers relating to search, arrest of persons and seizure of property, and such duties, privileges and liabilities as the officers of a provincial police have in relation to the investigation of offences...”

The FIA’s law officer said Section 20(1) of the Prevention of Electronic Crimes Act (PECA) 2016 corresponded with the agency’s scheduled offences. The section reads: “Whoever intentionally and publicly exhibits or displays or transmits any information through any information system, which he knows to be false, and intimidates or harms the reputation or privacy of a natural person, shall be punished...”

The officer added that a case was registered on the basis of an inquiry against some individuals involved in “a vilification campaign against the government, the top brass of the Pakistan Army and the armed forces”.

He said investigation was under way and technical experts were analysing and profiling social media users suspected of involvement in the “vilification campaign”, adding that the FIA action was in accordance with the law, and requested the court to dismiss the petition.

After taking the statement of the security agency on record, the court adjourned the hearing to allow the petitioners time to prepare a response to the FIA’s comments.

Earlier, Nazim Haji, Ghazi Salahuddin and others had submitted in their petition that political and social media activists were detained and arrested by the FIA in “an investigation and a crackdown against anti-army campaigners online”.

The petitioners said criticism against the armed forces did not amount to a criminal offence and could not be subjected to any coercive action by the state.

They said that it was a citizen’s right in a democratic setup to criticise each and every branch of the government and that such a right was essential to ensure good governance, adding that it was not up to any branch of the government to determine what type of criticism was warranted or unwarranted.

They also said detentions, arrests and confiscation of electronic devices over vague charges by the FIA without any lawful authority, FIRs or warrants were violations of the due process of law guaranteed by the Constitution of Pakistan, the FIA act and the PECA, read with the Criminal Procedure Code.

The petitioners said the FIA’s actions amounted to coercive acts to intimidate, harass and threaten not just targeted individuals but the citizens in general. They added that the government and the FIA, through both their statements and their actions, had created an effect on the freedom of speech and deliberately hindered the public exercise of the rights guaranteed by the constitution by obstructing the right to even engage in constructive criticism.

They SHC was told that government institutions and officials must respect and uphold the rights, liberties and freedoms guaranteed to citizens by the constitution and act in accordance with the law.

The court was requested to declare that criticism of the armed forces did not amount to a criminal offence and could not be subjected to any coercive action by the state. The bench was also asked to restrain government agencies, including the FIA, from taking any coercive action against digital activists and to act in accordance with the law.