Understanding the Amendments to the Prevention of Electronic Crimes Act (PECA) – New Social Media Law

By Gull Hassan Khan Advocate

The landscape of social media regulation in Pakistan has just experienced a significant shift with the recent amendments to the Prevention of Electronic Crimes Act (PECA). These amendments introduce new provisions that empower the government to curb the spread of disinformation on digital platforms, impose substantial fines, and hold social media platforms more accountable for content shared by their users. Below, we explore the key features of the updated law, its penalties, and what this means for individuals and companies operating in the digital space.

1. Criminal Penalties for Spreading Disinformation

One of the most impactful provisions in the amended PECA is the introduction of criminal penalties for the dissemination of false or misleading content on social media. The new regulation, under Section 4, enables authorities to imprison individuals for up to three years for engaging in disinformation campaigns. Disinformation is defined broadly under the law, encompassing any false, misleading, or deceptive content that is deliberately spread with the intention to mislead the public or cause harm.

This change has significant implications for social media users, as it opens the door to criminal prosecution for anyone found guilty of intentionally spreading false information. As disinformation has become a growing concern globally, Pakistan’s move to introduce stringent penalties aims to safeguard the integrity of information in the digital age.

2. Substantial Financial Penalties

In addition to the possibility of imprisonment, the amended PECA law also empowers the government to impose hefty fines. Under Section 5, those found guilty of spreading disinformation can face monetary fines up to 2 million rupees (roughly $7,168). This fine is designed to serve as both a deterrent and a mechanism for holding individuals and entities accountable for their actions on social media platforms.

These penalties are part of a broader strategy to ensure that those who misuse social media for harmful purposes face serious consequences. As a result, both individuals and businesses must take extra care to verify the content they share online to avoid the risk of penalties.

3. Social Media Platforms Required to Register

The law now requires social media platforms to register with the newly established Social Media Protection and Regulatory Authority (SMPRA). This move is designed to provide the government with more control and oversight over platforms operating in Pakistan. Section 7 of the new amendment stipulates that all social media platforms, whether domestic or international, must comply with this registration requirement.

Failure to register could result in severe penalties, including the potential ban of platforms that do not comply. This provision seeks to ensure that all social media platforms adhere to local regulations and cooperate with the government in managing digital content more effectively.

4. Obligations for Content Removal

The government now holds social media platforms responsible for removing content deemed harmful, unlawful, or detrimental to national security. As per Section 9, platforms will be required to comply with government orders to remove such content within a specified timeframe.

Failure to do so could result in financial penalties or even the suspension of services within the country. This clause places a heavy burden on social media companies to take a more active role in monitoring and filtering content that might violate local laws or societal norms.

5. Platform Accountability for User Content

The amendments introduce Section 13, which emphasizes the responsibility of social media platforms for user-generated content. Under this section, platforms are now obligated to monitor, report, and remove any content that violates Pakistani law. This regulation seeks to ensure that platforms are not simply passive hosts for content but take active steps to prevent the spread of harmful information and illegal material.

In addition, platforms are required to work closely with the government and provide support during investigations into disinformation or other illegal activities carried out on their networks.

6. Enhanced Enforcement and Compliance

The Social Media Protection and Regulatory Authority (SMPRA) will be tasked with enforcing the new provisions. According to Section 12, the SMPRA will have the authority to issue compliance notices, conduct investigations, and initiate actions against violators. This centralized body will oversee all aspects of the new regulations and ensure that both individuals and platforms comply with the law.

Conclusion: What This Means for You

The amendments to PECA represent a major shift in the way social media is regulated in Pakistan. The law significantly expands the powers of the government to address the spread of disinformation, hold individuals accountable for harmful content, and ensure that social media platforms play a more active role in curbing illegal activity online.

For individuals and businesses using social media, these changes mean greater scrutiny of the content shared on digital platforms. It is more important than ever to verify information before posting and to ensure compliance with local regulations to avoid potential fines or imprisonment.

Pak-Lawyer Associates advises clients in the digital space to stay informed about these changes and adopt best practices for content sharing and platform management. If you need legal advice or assistance navigating the complexities of the amended PECA law, do not hesitate to contact us.

Stay informed. Stay compliant.

This blog post captures the essence of the amendments to PECA, providing a comprehensive yet accessible summary of the new law and its implications.