The Prevention of Electronic Crimes Act (PECA) 2025 has sparked significant debate in Pakistan, with critics arguing that it expands government control over digital platforms. However, a thorough examination reveals that this legislation is structured to ensure accountability rather than suppress free expression in the digital space. As Pakistan navigates the complexities of the digital era, PECA 2025 aims to create a balanced regulatory framework that upholds democratic principles while addressing digital vulnerabilities.

An emerging misconception is that PECA 2025 grants the government unchecked authority to remove content arbitrarily. This assertion is, however, inaccurate. The law mandates that any content takedown must be backed by legal justification, ensuring that decisions are not made on a whim. Moreover, the legislation establishes the Social Media Protection Tribunal, a key safeguard ensuring due process. This tribunal acts as an independent body that oversees content moderation decisions, providing a structured legal framework where all relevant parties have the opportunity to be heard. The legislation introduces a crucial check against potential governmental overreach by incorporating such a mechanism.

Social media platforms exert immense influence over public discourse, shaping narratives, opinions, and political outcomes. With such influence comes the responsibility to mitigate harm, a duty many digital platforms have struggled to fulfil. Currently, these platforms operate with minimal accountability, often allowing misinformation, hate speech, and other harmful content to proliferate unchecked. PECA 2025 does not seek to limit free speech but rather aims to create a responsible digital environment where harmful content is addressed under established legal principles. This approach is not unique to Pakistan; many other nations have implemented similar regulations to ensure responsible digital governance.

Scope for judicial review

One of the most significant aspects of PECA 2025 is its emphasis on judicial review. Individuals who believe their content has been unfairly removed have the right to appeal the decision in court. This provision ensures that the law is not wielded arbitrarily and that all enforcement actions remain subject to legal scrutiny. By allowing judicial oversight, PECA 2025 reinforces the principle that regulation must be transparent, fair, and subject to checks and balances.

Concerns regarding the potential misuse of the law to suppress dissent are understandable. Historically, restrictive digital laws have been used in various countries to silence opposition voices. However, this is precisely why PECA 2025 incorporates multiple safeguards, such as the tribunal and judicial review, to prevent misuse. While no legal framework is entirely immune to exploitation, democratic societies must continuously refine their regulations to balance security and individual freedoms. Rejecting PECA 2025 outright ignores the fact that unregulated digital spaces can be just as detrimental as overly restrictive regulations.

It is also important to recognize that digital platforms are not neutral entities. Their algorithms amplify certain narratives, often prioritizing engagement over accuracy. This dynamic fosters the unchecked spread of misinformation, propaganda, and harmful content. PECA 2025 ensures these platforms are held accountable like traditional print and broadcast media. Just as television and newspapers must adhere to specific regulations to prevent the spread of false information, social media platforms must also bear responsibility for the content they host.

One of the fundamental challenges in digital governance is maintaining the equilibrium between freedom of expression and accountability. PECA 2025 acknowledges this complexity and introduces mechanisms that prevent government overreach while ensuring social media corporations do not operate without oversight. The establishment of transparent regulatory procedures helps distinguish between legitimate speech and content that poses a tangible threat to public safety and social harmony. Rather than suppressing dissent, the law seeks to prevent the digital space from becoming a breeding ground for incitement, cyber harassment, and disinformation campaigns.

Aligns with international standards

The global digital landscape is evolving rapidly, and many democracies have introduced similar frameworks to regulate online spaces. For instance, the European Union's Digital Services Act (DSA) and Germany's Network Enforcement Act (NetzDG) impose strict content moderation obligations on digital platforms. These laws serve as precedents demonstrating that regulatory intervention is not synonymous with censorship but rather necessary to protect users from online harm. Pakistan’s PECA 2025 aligns with these international standards, ensuring that digital governance does not come at the cost of civil liberties. By following global best practices, Pakistan positions itself as a nation committed to responsible digital transformation rather than digital repression.

Furthermore, the legislation emphasizes the role of independent oversight rather than direct governmental intervention. By ensuring that content takedown requests must pass through judicial or tribunal review, PECA 2025 establishes a layered accountability structure. This is a crucial distinction from authoritarian measures that grant unchecked power to regulatory bodies without due process. The law ensures that government agencies, social media corporations, and individuals are all subject to legal scrutiny, fostering a digital ecosystem that is both free and responsible.

Another important aspect of PECA 2025 is its role in combating cybercrime. Digital fraud, cyberstalking, identity theft, and online harassment have become pressing concerns, with victims often having little recourse. The legislation provides law enforcement agencies with the necessary tools to address these crimes while maintaining safeguards against abuse. Including procedural checks, independent oversight, and appeal mechanisms ensures that enforcement actions remain proportionate and justified.

Creating a model for digital governance

Digital governance requires a nuanced approach, balancing security, privacy, and free speech. PECA 2025 represents an attempt to navigate these challenges by holding both individuals and corporations accountable while preserving democratic principles. As Pakistan advances in the digital age, such regulations will be vital in fostering a secure and fair online environment. Rather than dismissing PECA 2025 as a tool of repression, it should be critically examined as a step toward responsible digital governance that aligns with global best practices.

By fostering transparency, accountability, and due process, PECA 2025 is a significant step toward shaping a digital space that upholds democratic values while addressing modern threats. The conversation should, therefore, shift from outright rejection to constructive dialogue on how to further refine and improve the law, ensuring that it serves its intended purpose without compromising fundamental rights. In doing so, Pakistan can develop a model for digital regulation that balances innovation with responsibility, ensuring that the internet remains a space for free and fair discourse without descending into chaos or censorship.

(The author is a Pakistani contemporary affairs analyst working with an Islamabad-based think tank. Views expressed are personal. She can be reached at saeedsarah088@gmail.com )