Petition Filed in Peshawar High Court Challenging PECA 2025 Amendments

Pakistan Press Foundation
18 Mar 2025

A legal challenge has been brought against the Prevention of Electronic Crimes (Amendment) Act 2025 in the Peshawar High Court. The petition, submitted by Advocate Noman Mohib Kakakhel on behalf of Anil Masih, a social media activist and journalist, states that the amendments violate fundamental freedoms, including freedom of expression, privacy rights, and due process, protected under both the Constitution and international human rights standards.

The petition names several government bodies, including the Ministry of Law and Justice, the Ministry of Interior, the Pakistan Telecommunication Authority (PTA), the Pakistan Electronic Media Regulatory Authority (PEMRA), and the Federal Investigation Agency (FIA) as respondents. It argues that the recent changes give unnecessary powers to regulatory bodies, and the clause regarding the prevention of “false and misleading information” could be used to target journalists, social workers, as well as other citizens.

Specifically, the petition challenges Section 26(A) of the amendment. It also raises concerns about new regulatory bodies like the Social Media Protection and Regulatory Authority and the National Cyber Crime Investigation Agency, suggesting that it led to “consolidated unchecked executive control over digital expression with no judicial oversight.”

The petition also underscored  that Pakistan‘s commitment to international standards like the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights were being “disregarded.”

The petitioner requested that the court issue directives for the respondents to stop implementation of the law until a final decision is made on the petition.  He requested that the registration of cases under the  PECA Amendment Act 2025 be halted.

This legal challenge in Peshawar is part of a broader series of challenges against the amendment across the country, including in the Supreme Court, Islamabad High Court (IHC), Sindh High Court (SHC), and Lahore High Court (LHC).