Peca law changes propose up to 7 years jail term, boost fines to Rs2m

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Newly surfaced proposed changes to the country’s cybercrime laws on Wednesday specified that violations could result in seven years of prison term, with fines hiked up to Rs2 million.

Last week, 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 one million rupees or with both.

There are no details as to what would constitute “fake or false information”.

However, a revised draft of the proposed amendments, seen by Dawn.com, said: “Whoever intentionally disseminates, publicly exhibits, or transmits any information through any information system, 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 in general public or in society shall be punished with imprisonment which in case of women and children, may extend to seven years but shall not be less than three years, and in any other case, three years or with fine which may extend to two million rupees or both.”

The previous draft mentioned aspersion as one of the content categories it deemed unlawful, specifically against constitutional institutions and their officers, including judiciary or armed forces.

The revised draft changes it to aspersion against “any person, including members of judiciary, armed forces, parliament or a provincial assembly’.

As per the originally proposed amendments, the newly suggested Digital Rights Protection Authority could ask the government and social media companies to block or remove unlawful online content.

However, the revised draft reads: “In case of any violation or breach of any condition or violation or non-implementation of any directions of the authority by a social media platform, the relevant authorities of the federal government, upon the request of the authority, shall block such social media platform.”

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