In an era where information spreads unprecedentedly, fake news has emerged as a global menace, sowing discord, fear, and confusion. The rapid proliferation of false narratives online, often driven by malicious intent or reckless behaviour, has wreaked havoc on societies worldwide. In Pakistan, the consequences of this phenomenon have been particularly severe. False rumours about polio vaccinations led to a resurgence of the disease in some regions, while baseless accusations of blasphemy have incited mob violence, claiming innocent lives. The rise of misinformation has destabilized communities, eroded trust in institutions, and created an environment where fact and fiction are increasingly difficult to distinguish. Against this backdrop, the Prevention of Electronic Crimes (Amendment) Act 2025, including Section 26A, is not just timely but essential. It provides the legal means to hold purveyors of fake news accountable and curb the spread of harmful content. Critics of this legislation, many vested in perpetuating misinformation, have raised concerns about its implications. However, these objections often reflect their own complicity in benefiting from unregulated online chaos rather than genuine fears about free expression.
The inclusion of Section 26A, which penalizes the dissemination of false or misleading information with up to three years of imprisonment or a fine of 2 million PKR, is a direct response to the havoc caused by unchecked misinformation. The provision targets individuals who knowingly spread false narratives likely to incite fear, panic, or unrest. Its critics, however, have framed the amendment as an assault on free speech, alleging it could stifle dissent or legitimate criticism. Yet, this argument collapses under scrutiny. Section 26A is explicitly designed to address intentional acts of harm knowingly false and demonstrably damaging content—not the legitimate airing of grievances or political opposition. By opposing this provision, critics reveal their alignment with those who exploit the digital landscape for malicious purposes, either for profit or to destabilize society.
Globally, misinformation has proven to be one of the most pressing challenges of the digital age. Countries worldwide have introduced similar regulations to counter its corrosive effects. In Germany, the Network Enforcement Act (NetzDG) requires social media platforms to remove illegal content, including fake news, within 24 hours or face fines of up to €50 million. Singapore’s Protection from Online Falsehoods and Manipulation Act (POFMA) enables authorities to order the correction or removal of false content, with non-compliance resulting in fines or imprisonment. These laws, like Section 26A, aim to protect societies from the real-world harm caused by digital falsehoods. The amendment demonstrates the country’s commitment to fostering a safe and responsible digital environment by aligning Pakistan with these international best practices.
The pervasive impact of misinformation in Pakistan underscores the urgency of Section 26A. Data from the Pakistan Telecommunication Authority (PTA) indicates that over 124 million Pakistanis actively use the internet, with nearly 60 million engaging on platforms such as Facebook, Twitter, and TikTok. While this digital engagement has fostered unprecedented connectivity and access to information, it has also amplified the scale at which false narratives spread. From rumours about economic instability to politically motivated disinformation campaigns, misinformation has repeatedly undermined public trust and created a volatile socio-political climate. Therefore, the amendment’s emphasis on penalizing deliberate acts of misinformation is a necessary deterrent to protect the integrity of Pakistan’s digital discourse.
Critics of the amendment have voiced concerns about potential misuse, arguing that laws against misinformation could be weaponized to silence dissent. However, these claims conveniently overlook the safeguards embedded within the legislation. The Act introduces mechanisms such as the Social Media Protection and Regulatory Authority (SMPRA) and Social Media Protection Tribunals, ensuring enforcement transparency and accountability. SMPRA, tasked with monitoring online content and enforcing compliance by social media platforms, operates within a framework of checks and balances. Moreover, individuals aggrieved by the Authority’s decisions can appeal to the tribunals and, if necessary, the Supreme Court. These provisions ensure that the amendment is implemented fairly and impartially, mitigating the risk of misuse while upholding the rule of law.
Furthermore, the economic implications of unchecked misinformation cannot be ignored. False rumours about currency devaluation or economic instability have caused panic in financial markets, eroding investor confidence and destabilizing the economy. By introducing penalties for such acts, Section 26A protects individuals and safeguards the nation’s economic stability. Studies conducted by the Pew Research Center reveal that misinformation undermines societal cohesion and economic resilience, with 64% of internet users in developing nations encountering fake news regularly. The amendment’s focus on deterring such acts is vital in protecting Pakistan’s socio-economic fabric.
The provision also addresses a fundamental gap in the country’s legal framework. Before the amendment, Pakistan lacked a targeted mechanism to hold individuals accountable for the deliberate spread of false information. While the PECA Act of 2016 criminalized certain online behaviours, it did not account for digital misinformation’s nuanced and evolving nature. Section 26A bridges this gap by introducing specific penalties for those who knowingly harm public order through false content. It complements the broader amendments introduced in the Act, such as creating the SMPRA and establishing the National Cyber Crime Investigation Agency (NCCIA), ensuring a comprehensive approach to tackling cybercrime.
Critics of the amendment often present themselves as defenders of free expression, but their opposition betrays a deeper motive. Many of these voices actively spread fake news, benefitting either financially or politically from the chaos it creates. By resisting regulation, they seek to preserve an unregulated digital landscape where misinformation can thrive without consequence. However, the overwhelming evidence of the harm caused by fake news demands a decisive response. The Prevention of Electronic Crimes (Amendment) Act, 2025, with its inclusion of Section 26A, is precisely that response—a necessary intervention to restore order, accountability, and trust in Pakistan’s digital space.
The menace of fake news has left no corner of the world untouched, and Pakistan is no exception. The introduction of Section 26A marks a significant step forward in addressing this challenge. By penalizing the deliberate spread of harmful content, the amendment protects individuals, preserves societal stability, and aligns Pakistan with global best practices. While critics may decry the provision as an attack on free speech, their opposition often reflects an ulterior motive to maintain the status quo of misinformation. For a society grappling with the complex realities of the digital age, the Prevention of Electronic Crimes (Amendment) Act 2025 is not merely a piece of legislation it is an indispensable tool for fostering a safer, more responsible digital future.
