Explained: The controversy over Pakistan’s bill that could jail people for disinformation on social media

Pakistan’s lower house of parliament has approved a controversial bill granting the government extensive control over social media.

The bill allows the government to imprison people for circulating disinformation.

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It was swiftly passed following a walkout by opposition lawmakers from the party of jailed former Prime Minister Imran Khan, who criticised the law.

In a joint statement, a coalition of journalists and media organisations promised to challenge the law in court and initiate a protest movement. They said that the amendments criminalise dissent and impose further restrictions on freedom of expression.

What is the bill? What does it state?

The Prevention of Electronic Crimes Act (Peca), introduced in the National Assembly by Pakistan’s Law Minister Azam Nazeer Tarar, proposes the creation of an agency with the authority to immediately block content on social media deemed “unlawful and offensive.” This includes material critical of judges, the armed forces, parliament, or provincial assemblies.

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Individuals and organisations posting such content could also face social media bans.

The law would require social media platforms to register with the new Social Media Protection and Regulatory Authority. Platforms failing to comply risk temporary or permanent bans.

According to Dawn, a new provision, Section 26(A), would be added to Peca to penalise those spreading “fake news” online. It states: “Whoever intentionally disseminates, publicly exhibits, or transmits any information through any information system, that he knows or has reason to believe to be false or fake and likely to cause or create a sense of fear, panic or disorder or unrest in general public or society shall be punished with imprisonment which may extend up to three years or with fine which may extend to Rs2m or with both.”

The bill also calls for the establishment of the Social Media Protection and Regulatory Authority. This body would oversee various functions related to social media, including education, awareness, training, regulation, enlistment, and blocking.

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Dawn reported that the bill outlines that the authority would have powers to direct social media platforms to remove or block content that goes against Pakistan’s ideology; incites the public to violate the law or take it into their own hands; aims to coerce, intimidate, or terrorise individuals, groups, communities, government officials, or institutions; or encourages damage to governmental or private property.

Government vs journalists over the bill

Pakistan’s Information Minister Attaullah Tarar defended the bill, stating it was intended solely to curb the spread of disinformation and hate speech.

Speaking to reporters in Islamabad, he said he remained open to addressing journalists’ concerns and added that the law was not designed to restrict the electronic media or journalists.

Critics argue that the government aims to further suppress freedom of speech.

Farhatullah Babar, a human rights activist, described the amendments to the cybercrime law as a move to “further stifle freedom of expression through setting up of multiple authorities under executive control, enlarging the print of unaccountable intelligence agencies.”

He added that the law “gives sweeping powers to the executive not only over the contents of the message but also the messengers, namely the social media platforms.”

The government’s decision to pass the bill follows nearly a year after Pakistan blocked the X platform ahead of elections that the opposition party of Imran Khan alleged were rigged. While X remains blocked, many citizens access it using virtual private networks, as is common in countries with stringent internet controls.

The Karachi Press Club also criticised the law, labelling it a “threat to the freedom of expression.”

What the opposition said on the bill

Imran Khan has a significant presence on social media, particularly on X, where his supporters frequently call for his release. Behind bars since 2023 following a graft arrest, Khan’s party actively uses social media to organise protests.

Omar Ayub Khan, the opposition leader, criticised the proposed bill, stating it aims to further curtail freedom of speech. While unrelated to the jailed ex-prime minister, he warned the bill could “lay a foundation for the suppression of voices advocating for constitutional rights.”

On Thursday, the PTI announced it was ending discussions with the government ahead of the January 28 deadline to meet with Khan. Gohar Ali Khan, PTI chairman, made the announcement weeks after initiating talks to secure the former prime minister’s release and address other demands.

Increasing censorship in Pakistan

Pakistan’s media industry has seen increasing restrictions in recent years. Journalists claim facing pressure from the state to avoid mentioning Imran Khan by name, with most TV channels now referring to him as the “founder of the PTI” party.

Human rights activists and journalist unions have vowed to resist the law, though its passage appears inevitable given the government’s parliamentary majority.

Afzal Butt, president of the Federal Union of Journalists, described the bill as an attempt to silence the media, social media, and journalists.

The government, however, argues that the law is essential to curb the spread of disinformation.

The controversy over Shehbaz Sharif’s congratulatory message for Trump on X

Shortly after Donald Trump was sworn in as President in Washington DC, Pakistan’s Prime Minister took to X to congratulate him. However, his message quickly became controversial, given that Pakistan has imposed a nationwide ban on the platform.

My warmest congratulations to @realDonaldTrump on his assumption of office as the forty-seventh President of the United States of America. I look forward to working with him to strengthen the enduring Pakistan-U.S. partnership.

Over the years, our two great countries have…

— Shehbaz Sharif (@CMShehbaz) January 20, 2025

Sharif’s post, which wished Trump success and expressed a desire to “strengthen and broaden the Pakistan-US partnership,” was flagged with a Community Note. The note alleged that the Prime Minister was using a VPN to access X, a violation of Pakistan’s legal framework.

“Prime Minister Shehbaz Sharif has banned X (formerly Twitter) in Pakistan. He is using a VPN to access X, which is unlawful according to Pakistani law,” the X Community Note stated.

This is not the first time PM Shehbaz Sharif has used the banned platform. He frequently posts on X, primarily on issues related to international outreach.

With inputs from AP