If Parliament passes the 26th Amendment, critics argue that the independence of the judiciary is threatened. If it passes the PECA, they lament that the freedom of the media is at stake. Ah yes, this winter offers less rain and more fun.
If the critics truly believe that Parliament is legislating with malice and that its actions are consistently wrong, one might question the necessity and utility of this Parliament at all. Why not elevate the Bar Associations to the Lower House and the Press Clubs to the Upper House?
While freedom of expression is an essential right that should be protected, it raises the question: does this imply a license to spread falsehoods? If fake news is not subject to penalties, should it then be incentivized or rewarded?
The proliferation of misinformation, particularly through social media, has reached concerning levels, where the distinction between truth and falsehood often blurs. The way a false rape incident at a college in Lahore was spread highlights the fact that social media has been weaponized and has the potential to eviscerate the society, if not checked.
If the critics truly believe that Parliament is legislating with malice and that its actions are consistently wrong, one might question the necessity and utility of this Parliament at all.
Western nations, grappling with their own share of misinformation and hate speech, have sought solutions through clearly defined community standards. However, despite their merits, these standards often fall short and neglect the nuanced context of societies outside the West. Countries like Pakistan find themselves on the periphery of these discussions, expected to adhere to foreign standards that may not align with local realities or cultural sensitivities. The result is an imbalanced system where Pakistan and many other nations are effectively unable to establish their own criteria for online conduct.
These community standards, in certain cases, operate so fiercely that if you mention a name they don’t want to see, your account may face punitive actions. This can include restrictions, shadow banning, or even outright banning. For example, a YouTube channel can be deleted if it raises concerns. Similarly, if there are anxieties about a social media platform like TikTok, it may be banned in certain countries. If absolute freedom on social media is such a blessing, why doesn’t the West remove its community standards and experience what it’s truly like?
If social media can impact non-Western countries, they, like Western nations, have the right to enact legislation when necessary. The entire global community has the right to establish standards that reflect the needs and sensitivities of their respective societies, not just those of the West.
If the tsunami of fake news jeopardizes the social fabric, threatens national security, creates law and order issues, spreads panic, or undermines the effectiveness of the government, then the state has the legitimate right to address it within the framework established by the Constitution and the law. Society cannot remain hostage to the overwhelming tide of misinformation.
What concerns critics most about PECA? Is it the specified penalties for spreading Fake News or the creation of a dedicated Social Media Protection and Regulatory Authority? If we have PEMRA to regulate the media, why shouldn’t we establish SMPRA to oversee social media?
At first glance, the criticism is based on the assumption that the law will be misused. While this concern is not unfounded, the question is whether it is a valid reason to avoid enacting the law altogether. After all, the possibility of misuse is a concern with every law; should we nullify every law simply because it has the potential to be misused? Furthermore, isn’t the right to free speech itself sometimes misused? Should we abandon this right because it sometimes serves as a vehicle for misinformation?
While it’s true that no law created by humans is perfect, we must confront these imperfections with a proactive and solutions-focused approach, rather than allowing ourselves to remain stuck in a mindset of complete denial.
The writer is a freelance columnist.