Fake News and Laws

Author: Ali Anwar

A few days ago, the Punjab government presented the Defamation Act 2024 in the Punjab Assembly.

According to the defamation bill presented by the Punjab government, the bill will apply to print, electronic, and social media.

Under the bill, defamation cases can be filed against false and unrealistic news.

The bill will also apply to fake news spread through YouTube, TikTok, X (formerly Twitter), Facebook, and Instagram.

Action will be taken under the law against news that harms a person’s private life and public reputation.

Special tribunals will be established for defamation cases, which will be required to decide within six months.

The bill includes a fine of three million rupees. In cases of allegations against individuals holding constitutional positions, the high court bench will be authorized to hear the case.

There is significant concern from journalistic organizations, political parties, and civil society regarding the Punjab government’s defamation bill.

The stance of the Joint Action Committee of journalistic institutions is that media organizations are not against strengthening defamation laws or regulating digital media, but they believe the bill is designed to silence opposition voices.

On one hand, the Punjab government wants to regulate the media, while on the other, the federal government has finalized the draft for amendments to the PECA Act 2016.

Several sections and clauses of the PECA Act 2016 have been changed.

The PECA Act 2024 includes four new sections and more than a dozen new clauses, significantly increasing penalties for various crimes compared to the PECA Act 2016.

The federal cabinet has declared various crimes non-bailable under the PECA Act 2016. The government has already approved the PECA Act 2024.

A special section related to cyber terrorism has been allocated in the new proposed PECA law.

The definition of cyberterrorism has also been changed in the new proposed law. Creating fear or a sense of insecurity among the government or any class, community, or sect will be considered cyber terrorism.

The Cyber Crime Investigation Agency will be able to use the powers and resources of the police and FIA.

The Cyber Crime Investigation Agency will be authorized to seize the property of any suspect or convict.

The penalties for Section 8 of cybercrime have been increased from 3 years to 7 years.

The government has also formed a committee headed by Rana Sanaullah to further review the PECA Act amendment bill. This committee will send the bill for approval to the House after consulting with political parties.

Journalistic organizations argue that this bill is a governmental tactic to suppress freedom of expression, while the government claims the bill aims to eradicate fake news.

The definition of cyberterrorism has also been changed in the new proposed law.

Nowadays, social media is the most important weapon for spreading fake news.

When we talk about print and electronic media, 99 percent of Pakistan’s print and electronic media are responsible, and there is a system of checks and balances in place in the form of PEMRA, while social media has become an example of unrestrained behaviour.

For instance, recently in Kyrgyzstan, Pakistani students were subjected to violence by local people. Pakistan’s print and electronic media largely tried to convey the facts to the public.

However, when the vlogs and news on social media were reviewed, it was found that over a dozen Pakistani students had been killed, and dozens of Pakistani female students had been subjected to heinous acts of sexual assault, which was far from reality.

It is now clear to everyone that while there were incidents of violence in Kyrgyzstan, they were not as severe as portrayed on social media.

Those who spread false news on social media for a few views did not consider the impact on the families and parents of those Pakistani students.

I saw a post myself where a responsible journalist posted on Facebook that his reliable sources had informed him that a dozen Pakistani students had died, but the government was hiding everything.

In reality, by the grace of Allah, not a single student had died there, but such news will certainly cause anxiety among people.

Baseless news of this kind is also spread about our institutions, and if such news were spread in Europe or the USA, those so-called journalists would spend their entire lives behind bars.

In Pakistan, since they know there is no one to question them, it has become a trend to write whatever they want to create sensationalism.

Yes, the government should welcome the legitimate suggestions of journalists, and if they can be included in the bill, they should be, but stricter laws should be enacted to control unrestrained social media to prevent these troublemakers from using journalism as a cover to spread their agendas.

It is also true that this unrestrained social media has made vile accusations against our armed forces and institutions without any basis.

Laws already exist, but our governments need to devise a strategy to enforce these laws to eliminate fake news and bring the truth to the people.

The writer is an old Aitchisonian who believes in freedom of expression, a freelance columnist, entrepreneur and social activist.

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