Redefining Electronic Crimes Or Protecting Digital Rights: Prevention Of Electronic Crimes (Amendment) Act 2025, Challenges And Way Forward

Abstract

It has become difficult to strike a balance between ensuring cybersecurity protection and safeguarding digital rights, as the digital landscape in Pakistan continues to evolve. The Prevention of Electronic Crimes (Amendment) Act 2025 is another attempt in this direction. This amended has been intended to address the emerging concerns regarding disinformation, cybercrimes, online harassment, and data breaches. However, this amendment has also sparked concerns over its jurisdictional overreach by scrutinizing the exercise of fundamental freedoms, for instance, freedom of speech and expression. Furthermore, the law has been criticized for its ambiguous language and lack of procedural clarity. This paper critically examines the amendments made to the existing Prevention of Electronic Crimes Act (PECA), in accordance with constitutional rights protected by the Constitution of Pakistan, international legal frameworks and comparative cybercrime frameworks. The pressing issues concerning jurisdictional challenges, pertaining to extraterritorial offences, liability of intermediaries, as well as the role of newly established authorities such as Social Media Protection and Regulatory Authority (SMPRA) and the National Cyber Crime Investigation Agency (NCCIA) will be discussed. The research further analyses how the redefined concepts of “electronic crimes” could risk penalizing dissent or legitimately exercised digital freedom. The papers conclude with proposing a balanced approach which incorporates judicial oversight, effective procedural frameworks, as well as consultation with relevant stakeholders so that the digital security and protection of fundamental rights of citizens interacting within Pakistan’s digital ecosystem could be ensured.