Islamabad HC prohibits arrests under Section 20 of new media ordinance
Feb 23, 2022
Islamabad [Pakistan], February 23 : The Islamabad High Court (IHC) on Wednesday prohibited the Federal Investigation Agency (FIA) from making arrests under Section 20 of the recently promulgated Ordinance making amendments to the media law in the country, local media reported.
Notably, the FIA had already submitted a document of its standard operating procedures (SOPs) to the IHC, specifying that no arrests will be made under section 20 of the ordinance, the Dawn newspaper reported, citing IHC chief justice.
The court also observed that the director-general of FIA and home secretary will be held responsible in case of violation of the SOPs.
The chief justice cited the example of countries like Zimbabwe and Uganda that have removed defamation from their criminal law.
Under the Prevention of Electronic Crimes (Amendment) Act Ordinance 2022, online defamation has been made a non-bailable, cognisable offence and the jail term for it has also been increased from three years to five years. The amendment has also broadened the ambit of the Federal Investigation Agency (FIA).
Also, the word "natural" has been removed from Section 20 of the ordinance, which was previously titled "offences against the dignity of natural person". The amendment has also expanded the definition of a "person" to include any company, association or body of persons whether incorporated or not, institution, organisation, authority or any other body established by the government under any law or otherwise.
The directives were issued by the court while hearing a petition filed by the Pakistan Federal Union of Journalists (PFUJ) against the ordinance on Tuesday, the media outlet reported.
The ordinance was promulgated without passing the "necessary tests imposed under the Constitution of Pakistan for legislation through the mode and manner of ordinances", the Pakistani newspaper quoted the petition which added that the promulgation was based on "malice".
Terming the ordinance an attempt by the Imran Khan government to "browbeat its opponents', the petition stated, "Killing free speech in the country is tantamount to [sabotaging] democracy in the country. It is ironic that the government is moving towards criminalisation of free speech at a time when the entire world is moving towards de-criminalising defamation."
Meanwhile, the opposition parties and media and journalist bodies in Pakistan are vehemently opposing the amendments to PECA stating it is a flagrant attempt of the Imran Khan government to stifle the voice of dissent and place fetters on constitutional rights of the citizens.
