Vague Laws and Digital Censorship: The Constitutional Challenges of the Prevention of Electronic Crimes Act (PECA) Amendments, 2025

Abstract

The Prevention of Electronic Crimes Act (PECA), 2016, recent amendments in 2025 have set off a major debate regarding their consequences for freedom of expression and right to fair trial in Pakistan. This study analyzes the vague and overbroad provisions that are included in the amendments, focusing on their possibility of government overreach, arbitrary use, and digital censorship. Through the examination of pivotal provisions of the said Act i.e. Section 26A (criminalization of disinformation), Section 2R (powers of the Social Media Protection and Regulatory Authority), and Section 2C (censorship of content), this paper analyzes their constitutional validity in light of Articles 19, 19A, and 10A of the Constitution of Pakistan,1973. Employing the Vague for Vagueness doctrine, the research contends that such amendments are not clearly articulated in law, posing a high risk of discriminatory application and the stifling of dissident voices. The study highlights that PECA’s expanded state control over digital expression lacks adequate procedural guarantees, disproportionately affecting the media, activists, and ordinary citizens. The results show that these amendments undermine fair procedures, equal rights of trial, and democratic transparency by giving unrestricted powers to regulators. To address these constitutional challenges, the research calls for legislative reforms and greater transparency in digital governance to ensure that the PACE is in line with Pakistan's constitutional guarantees on freedom of speech and the right to information.