Today the Islamabad High Court announced that it will strike down the PECA (Prevention of Electronic Crimes Act) because of how it threatened freedom of expression and the right to information. Social media users have welcomed this ruling as a win in particular for how it grants a safe space for survivors of abuse and harassment who will no longer have to fear consequences by coming out against their abusers.
Bigger announcement for those of us in virtual spaces than the political ongoings. Big relief.
Pakistan needs robust initiatives to bring freedom of speech conversations to the public sphere. Democratic laws derive their power from the citizenry’s understanding of them. https://t.co/eU4Whv3ZIK— sabizak (@sabizak) April 8, 2022
IHC’s decision about PECA ordinance is such a win!!!
— Sidra (@sunflowermochii) April 8, 2022
AMAZING https://t.co/U9nTmh90Hs
— perpetually tired (@naheinyaar) April 8, 2022
How is this such a monumental moment for journalists, activists and the survivors of harassment in Pakistan? Digital rights activist and lawyer Nighat Dad explained the details of the ruling in a Twitter thread, where the PECA ordinance has been declared as a threat to the right to privacy and also as a degradation to the Constitution
Congratulations everyone ✊🏾 Today is a great day as the Islamabad High Court has struck down the #PECA Ordinance in derogation of the fundamental rights such as right to life, right to privacy, freedom of expression and right to information. (Thread) pic.twitter.com/69DkVGKcJh
— Nighat Dad (@nighatdad) April 8, 2022
She further elaborated on how the ruling called for Section 20 of the PECA Act, which directly dealt with cyber crimes and defamation, to be shut down and it was declared as unconstitutional because it has been used to target journalists, activists and survivors of violence or abuse who have spoken out under #metoo
Additionally, the court had held that parts of section 20 (dealing with cyber criminal defamation) are unconstitutional. This section has been used to target journalists, activists and survivors of violence who have spoken out under #MeToo. #PecaOrdinance pic.twitter.com/t6HeXDUOoM
— Nighat Dad (@nighatdad) April 8, 2022
Additionally, Night Dad pointed out that the ruling also demanded an inquiry into the behavior of the officials at the FIA and how it has been weaponized against survivors to intimidate or silence them from bringing their accusations against their abusers forward
The IHC has further directed the an inquiry into the conduct of the officials of NR3C of FIA (to be concluded within 30 days) which has been weaponized against individuals to harass, intimidate and silence them. Hopefully no arm of the state will be used in this way ever again. pic.twitter.com/dAOBCpYpLH
— Nighat Dad (@nighatdad) April 8, 2022
