In the matter concerning the Prevention of Electronic Crimes (Amendment) Ordinance, 2022, the Islamabad High Court, in its judgment dated April 8, 2022, rendered the ordinance unconstitutional. The court held that the promulgation of the ordinance was in derogation of the Constitution, specifically violating the fundamental rights guaranteed therein, including the right to freedom of speech and expression under Article 19. The amendment to Section 20 of PECA, which enhanced the penalty for defamation, made it a cognizable, non-bailable, and non-compoundable offences, and allowed any person to file a complaint on behalf of an aggrieved party, was deemed overly broad and susceptible to abuse. Moreover, the removal of immunity for television programs and the expansion of the definition of “person” to include institutions, organizations, and bodies, whether incorporated or not, was found to disproportionately empower the state, infringing upon citizens' rights. Consequently, the court declared the ordinance invalid, restoring the original provisions of PECA and reaffirming the supremacy of constitutional protections.
As a result of this Order, the FIA dropped nearly 7,000 cases (inquires /actions) initiated under Section 20 of the PECA 2016.