Government approves law recommending seven-year term for social media users

In this photograph taken on May 24, 2019, people work at their desks at the National Incubation Centre (NIC), a start-up incubator, in Lahore. (AFP/FILE)

• The proposed law will be finalized after parliamentary debate, says the country’s interior minister
• The law will empower FIA to act against social media posts targeting Pakistan’s state institutions

ISLAMABAD: Pakistan’s federal cabinet approved an amendment in the Federal Investigation Agency Act, 1974, to empower the agency to take direct action against “fake news” and “social media rumors” targeting state institutions that can lead to seven-year imprisonment, said an official statement on Wednesday. 
Earlier this year, the government of former prime minister Imran Khan amended Section 20 of the Prevention of Electronic Crimes Act (PECA), 2016, which increased the jail term from two to five years for anyone defaming a person or institution, including the army and judiciary, on social media platforms. 
Civil society groups and journalist bodies challenged the amendment in the Islamabad High Court since they viewed it as a tool to silence critics of the government. 
The court subsequently scrapped the controversial law in April while calling it “unconstitutional.” 
“The government has decided to give more powers to the FIA to strengthen it as the federal cabinet approved further amendments to the FIA Act through a summary moved via circulation,” said the statement released by the information ministry. 
The final approval of the amendment to the FIA Act would come from parliament, the statement added, which would make the agency act against “hateful content” on social media. 
“Issues such as hateful content, incitement to rebellion in institutions have come to the fore on social media and there is also a lot of wrong or fake news on social media which can lead to rebellion among officials of state institutions,” the summary approved by the cabinet noted. 
It also maintained that false news or information could turn groups and communities against one another. 
The amendment, which has included Section 505 of the Pakistan Penal Code (PPC) in the FIA Act, will make it possible for the agency to act against social media posts which was previously done by the police.
“After the approval of the Parliament, the punishment under this law can be imprisonment of up to seven years,” the summary said. 
Pakistan’s interior minister Rana Sanaullah said on Wednesday evening the government would consult journalists and other stakeholders on changes to the law. 
“If the freedom of expression is curtailed by the bill, the government will withdraw it,” he said in a video statement, adding that there were certain things on social media that needed to be controlled. 
“The private life of people is being harmed through social media,” he maintained, adding the bill would come up for discussion in parliament as well. 
Usama Khilji, director of a digital rights advocacy firm, Bolo Bhi, said the amendment would have a “chilling effect on society” and scare people from exercising their democratic rights on social media. 
“It will also increase harassment of the general public from the FIA based on their social media activities,” he maintained. 
Khilji said the government had included Section 505 of the PPC in the FIA Act which dealt with mutiny within the armed forces. 
“It is the right of every Pakistani citizen to criticize the political role of armed forces that should not come under scrutiny,” he continued, adding the government should only act if any social media post damaged or compromised the role of the military in defense of the country. 
“There should be checks and balances and law enforcement agencies should not have such wide powers,” he said.