Latest Peca changes draft lowers jail term to 3 years, fines remain at Rs2m

The latest draft of the proposed changes to the country’s cybercrime laws has lowered the prison term in case of violations to three years from seven years while fines remain the same at Rs2 million, it emerged on Wednesday.

Last month, Dawn reported that the government was planning ‘wholesale’ changes to the Prevention of Electronic Crimes Act 2016 (Peca), which would see the formation of a new authority with powers to block online content and access to social media, as well as prosecute those propagating ‘fake news’. State minister for IT and Telecom Shaza Fatima Khawaja had confirmed the plan to “address concerns regarding misinformation”, saying that the amendments were under review.

As per Dawn’s report, the draft amendments proposed to add a new provision, Section 26(A), to Peca, so as to penalise perpetrators of “fake news” online. It stated that any person who “intentionally” posts any information “which 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” shall be punished with imprisonment which may extend to five years or with a fine which may extend to Rs1m or with both.

A later draft proposed a hike to seven years while the fine was raised to Rs2m.

The latest draft, seen by Dawn.com today, said: “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 upto three years or with fine which may extend to Rs2m or with both.”

It also proposed the establishment of the Social Media Protection and Regulatory Authority which would perform a range of functions related to social media such as education, awareness, training, regulation, enlistment, blocking and more.

It said that anyone “aggrieved by fake and false information” would be able to approach the authority to remove or block access to the content in question, adding that the authority would issue orders no later than 24 hours on the request.

The changes proposed that the authority might require any social media platform to enlist with it any manner, form and on payment of such fee as may be prescribed.

It added that apart from the requirements of the act, additional conditions or requisites as deemed appropriate might also be stipulated while enlisting a social media platform.

The draft outlined that the authrotiy would have the power to issue directions to a social media platform for removal or blocking of online content if it was against the ideology of Pakistan, etc.; incited the public to violate the law, take the law in own hands, with a view to coerce, intimidate or terrorise public, individuals, groups, communities, government officials and institutions; incited the public or section of the public to cause damage to governmental or private property; coerced or intimidated the public or section of the public and thereby prevented them from carrying on their lawful trade and disrupted civic life; incited hatred and contempt on religious, sectarian or ethnic basis to stir up violence or cause internal disturbance; contained anything obscene or pornographic in contravention of any applicable law;was known to be fake or false or there existed sufficient reasons to believe that the same may be fake or false beyond a reasonable doubt; contained aspersions against any person, including members of judiciary, armed forces, parliament or a provincial assembly; or promoted and encouraged terrorism and other forms of violence against the state or its institutions.

The draft also proposed that any part of parliamentary proceeedings or those of the provincial assemblies that was ordered expunged would not be streamed or made available for viewing on social media platforms in any manner with every effort made to release a fair account of the proceedings.

“The statements of proscribed organisations or their representatives or members thereof shall not be streamed or made available for viewing on social media platforms in any manner,” the changes proposed.

They further said social media platforms would maintain an effective and transparent procedure for handling complaints about unlawful or offensive online content, adding that they would also supply users with an easily recognisable, directly accessible and permanently available procedure for submitting complaints about unlawful or offensive online content.

The draft additionally proposed the constitution of a Social Media Complaint Council to receive and process complaints made by aggrievd parties against violation of any provision of the cybercrime law.

The changes said that in case of any violation, the Social Media Protection and Regulatory Authority would approach the Social Media Protection Tribunal that would decide all cases in 90 days.