Peace & Justice Network (PJN) has released a comprehensive policy analysis urging the government to adopt a rights-based approach in reforming the Prevention of Electronic Crimes Act (PECA) 2016, highlighting concerns over digital rights and civil liberties.

The report argues that while combating cybercrime is a legitimate policy goal, the current framework prioritises enforcement at the expense of constitutional freedoms, creating an imbalance that undermines democratic governance.

The analysis highlights three core objectives for reform: precision in criminal law, strong procedural safeguards, and institutional independence. It notes that offences such as “false or fake information” under Section 26-A are vaguely defined and risk criminalising legitimate expression. Instead, the paper recommends limiting liability to intentional and provable harms, such as fraud or incitement to violence.

Procedural safeguards are another key area of concern. The report calls for mandatory judicial approval for FIRs, arrests, and content takedowns, as well as the establishment of an independent Digital Rights Appellate Tribunal. These measures, it argues, would ensure due process and prevent arbitrary enforcement.

Institutional independence is also emphasised. The paper recommends reconstituting regulatory bodies such as the Social Media Protection and Regulatory Authority (SMPRA) to include judiciary, civil society, and media representatives. It further proposes the creation of a Digital Rights Ombudsperson to investigate misuse and report annually on enforcement trends.

Beyond legal reforms, the analysis advocates for alternative approaches to managing harmful content. These include co-regulation with platforms, nationwide digital literacy programs, and the enactment of a Personal Data Protection Act to safeguard privacy. Such measures, it argues, would reduce reliance on criminalisation and empower citizens to critically evaluate online information.

“The credibility of governance in the digital age depends not only on enforcement but also on protection of civic space,” the paper states. It warns that overbroad criminalisation risks eroding public trust and weakening Pakistan’s international credibility.

The report situated its recommendations within Pakistan’s constitutional framework and international human rights obligations, noting that restrictions on speech must meet tests of legality, necessity, and proportionality. It calls on Parliament, the judiciary, and civil society to collaborate in building a balanced digital governance system that protects both security and freedom.

It concludes that adopting these recommendations would not weaken the fight against cybercrime but instead strengthen the legitimacy and effectiveness of the law, ensuring that digital spaces remain open, safe, and inclusive.