Pakistan: Government Introduces Draconian Ordinance; CFWIJ Condemns Attempt To Curb Press Freedom
Location: Pakistan, Islamabad
Date: February 21, 2022
On Sunday, President Arif Alvi signed two ordinances that amend the Prevention of Electronic Crimes Act, (PECA) 2016, and the Elections Act, 2017. The laws were signed after the approval of the cabinet, however, they completely bypassed the parliament voting process. The amendments attempt to curb criticism of state institutions, specifically, the military and the judiciary.
The new amendment increases prison sentences of individuals attempting to defame a “person or institution” from three to five years. Furthermore, online defamation has been made a non-bailable offense. However, the term “defamation” is left vague, allowing for criminalization of valid criticism of the government.
According to the new presidential ordinance, the complainant has been defined as the aggrieved person, his authorised representative, his guardian in case he is a minor or "a member of the public in respect of a public figure or a holder of public office". The ordinance also expands the definition of “person” to any company, association or body of persons whether incorporated or not, institution, organisation, authority or any other body established by the government under any law or otherwise.
The move has received widespread criticism from the civil society as well as the opposition. Women journalists have been at the forefront of the push back with several taking to social media to register their protest.
#PECA is not just an attack on the usual suspects considered anti state in this country … it is an attack on every single person’s right to freedom of speech. #Resist
— مینه ګبینه (@gabeeno) February 23, 2022
And what exactly does this mean? Is the ordinance being withdrawn? Because short of that, nothing else is acceptable. S.20 has been applied in the manner the ordinance has now changed it to, even before these powers were available. S.20 must go from PECAhttps://t.co/DPKM2scsMz
— Farieha Aziz (@FariehaAziz) February 22, 2022
Pakistan has just made its criminal defamation law under PECA even more oppressive by:
— Reema Omer (@reema_omer) February 20, 2022
1. Expanding scope from “natural persons” to all persons
2. Increasing penalty to up to 5 yrs
3. Making it cognizable, non-bailable
4. In some cases, allowing ANY person to become complainant
Press freedom organizations and other civil society groups have issued a collective statement demanding that the ordinances be repealed. The statement claims that the ordinance “runs afoul of Article 19 and Article 19A of the Constitution of Pakistan which guarantees freedom of expression.” It also expresses concern regarding the manner in which the ordinance was passed, claiming that laws passed through the democratic process of parliamentary vote being amended through presidential ordinances is “extremely worrisome”.
The Coalition For Women In Journalism condemns the move by the Pakistan government and views this as an attempt to restrict media freedom and curb valid criticism of state institutions. Criminalization of defamation is also a point of concern especially when civil suits provide legal remedies for the offense. The government should immediately repeal the ordinances in order to ensure freedom of press and continued development of the democratic process in the country.
The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.
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