The Prevention of Electronic Crimes Act 2016 And Shrinking Space for Online Expression in Pakistan

Abstract

Freedom of expression is one of the most cherished fundamental rights. It also imperative in all fields including cyber or digital space. The Prevention of Electronic Crime Act (PECA-2016) was enacted in 2016 to regulate cyber or digital space in the country. This study critically comprehends PECA-2016 with regard to online expression in Pakistan. Doctrinal as well as non-doctrinal(socio-legal) research method are adopted in present study. Under non-doctrinal(sociolegal) methods, unstructured interviews with three legal experts were conducted. This study finds out that there are several provisions in the PECA-2016 which adversely affect online freedom of expression in the country. It is concluded that some of the provisions of the PECA-2016 should be improved or repealed to bring it in conformity with freedom of expression principles.