Digital Regulation and the Protection of Public-Interest Journalism in Pakistan
By Ehsan Ahmed Sehar
Background
Pakistan continues to strengthen its digital regulatory framework in response to the rapid expansion of online communication and the growing risks posed by misinformation. In this context, the National Cyber Crime Investigation Agency (NCCIA) has issued public warnings urging responsible use of social media and caution against the sharing of unverified content.
Such measures reflect global concerns and are consistent with international efforts to promote digital responsibility. Regulation of online spaces, when proportionate and clearly defined, is a legitimate function of the state.
At the same time, developments following the amendment of the Prevention of Electronic Crimes Act (PECA), particularly Section 23-A, have raised concerns within the media and journalism community.
Key Concerns
Reports from journalists and media organizations indicate that Section 23-A is increasingly being invoked by certain officials within civilian administrative departments in response to critical reporting related to governance, service delivery, and corruption-related complaints.
These cases do not typically involve incitement, disinformation campaigns, or cyber-enabled violence. Instead, they often arise from journalistic content produced in the public interest, including:
- Reporting on citizen grievances
- Coverage of administrative inefficiencies
- Investigative journalism concerning misuse of public resources
The absence of clearly defined safeguards has contributed to a climate of legal uncertainty for journalists, particularly at the local and regional levels.
Impact on Media Environment
The use or threat of legal action under PECA has resulted in:
- Increased self-censorship among journalists
- Reduced investigative reporting at the local level
- Hesitation in covering governance-related issues
- Erosion of public access to information
These trends run counter to internationally recognized media development principles promoted by organizations such as UNESCO, which emphasize that journalists must be able to operate safely when reporting on matters of public interest.
International Standards
Under international human rights frameworks, including principles endorsed by UNESCO, IFJ, and IPI, restrictions on expression must be:
- Clearly defined in law
- Necessary and proportionate
- Subject to independent oversight
- Accompanied by protections for public-interest journalism
Cybercrime legislation, while essential, should not substitute administrative accountability mechanisms or function as a response to reputational discomfort.
Policy Considerations
To strengthen both digital governance and media integrity, the following measures merit consideration:
- Clear differentiation between cybercrime and public-interest journalism
- Explicit safeguards within PECA to prevent misuse against journalists
- Oversight mechanisms for complaints filed by government officials
- Consultation with media stakeholders in implementation guidelines
- Alignment with UNESCO-supported media development standards
Conclusion
Digital regulation and press freedom are not mutually exclusive. Both are essential to democratic stability and public trust.
The objective of PECA—particularly Section 23-A—should remain focused on genuine digital harm. Ensuring that the law is not applied in ways that restrict legitimate journalism will strengthen, rather than weaken, Pakistan’s governance framework.
A balanced, transparent, and rights-respecting approach will allow digital safety measures to coexist with the protection of journalism serving the public interest.
