A presidential ordinance during the PTI government amending the Prevention of Electronic Crimes Act (PECA) in Pakistan has ignited controversy and poses a significant threat to freedom of expression. The amendments, extending the law’s scope to include state institutions such as the military and judiciary as potential victims, have raised concerns. Individuals accused of spreading fake news can face arrest, and the extended six-month period for the courts to decide on the complaint raises alarms about prolonged detentions.
Media bodies expressed frustration by walking out of a meeting with the information ministry, highlighting the government’s high-handed tactics. The sudden delay of the National Assembly session further indicates a disregard for democratic norms. At a time when global trends are leaning towards decriminalizing defamation, the government’s actions appear intent on stifling critics. The recent raid and arrest of media personality Mohsin Baig exemplify the potential misuse of PECA. This amendment provides unchecked authority for repression against those opposing the government’s stance, raising questions about the state of constitutional democracy in Pakistan.
The opposition, media, civil society, and citizens must exercise their democratic rights to oppose this ordinance and advocate for its rollback. The judiciary’s role is crucial in preventing the government from infringing on citizens’ constitutional rights for specific interests. Given PECA’s existing problematic nature, exacerbating it through such amendments should not be tolerated.
The enduring words of Voltaire, “I disapprove of what you say, but I’ll defend to the death your right to say it,” emphasize the importance of the principle of freedom of speech. Visionaries like John Locke and JS Mill underscore the pivotal role of freedom of speech as an integral element of individual liberty. This freedom to express diverse opinions serves as the lifeblood that nourishes democracy.
Article 19 of the United Nations Charter of the Universal Declaration of Human Rights unequivocally asserts, “Everyone has the right to freedom of opinion and expression.” This right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any medium, regardless of boundaries.
Despite being a constitutional right, freedom of speech faces challenges in the Islamic Republic of Pakistan, marked by religious intolerance leading to extremism. Instances such as the tragic case of Mashal Khan highlight the exploitation of procedural flaws and legal loopholes to silence dissenting voices. The political landscape in Pakistan reflects a suppression of freedom of speech and diverse opinions, with successive governments using tools of oppression to restrain disagreement.
The surge in radicalism among Pakistani youth is often attributed to religious education in madrasas and schools, but political exploitation of religion exacerbates the problem. To counter this, Pakistan must prioritize a liberal religious education advocating for inclusive Islam, emphasizing freedom and compassion.
The media plays a crucial role as an agent of change, regulating reported news to prevent the spread of insensitive remarks and promoting interfaith harmony, positive thinking, and open debate. Politicians, as representatives of the people, hold sway over their followers and must exercise restraint, refraining from silencing the opposition. Dissent is fundamental to a robust democracy, and achieving this requires embracing the spirit of “I disapprove of what you say, but I will defend to the death your right to say it.
