The Islamabad High Court (IHC) on Wednesday barred the Federal Investigation Agency (FIA) from making arrests under Section 20 of the Prevention of Electronic Crimes (Amendment) Act (PECA).
The judgment came in response to a petition that was filed by the Pakistan Federal Union of Journalists (PFUJ) on Tuesday. The petition was heard by IHC Chief Justice Athar Minallah.
The Section 20 allowing the FIA to make arrests in case of defamation is part of the PECA Act 2022, promulgated by President Dr. Arif Alvi on Sunday. The ordinance makes online defamation a non-bailable, cognizable offence. Moreover, the jail term for defamation has also been increased from three to five years under the ordinance.
During today’s hearing, the judge remarked that the agency had already submitted a document which detailed the standard operating procedures (SOPs), and that no arrests would be made under Section 20 of PECA 2022.
The court stated that responsibility for violation of SOPs would lay on the director general of the agency and the home secretary.
The SOPs had been submitted to the court in July last year by the FIA when the IHC had asked the agency to put a halt to the misuse of cybercrimes law.
Justice Minallah also stated that defamation had been removed from criminal law in countries like Zimbabwe and Uganda.
