Online defamation under PECA 2016: Legal boundaries and misuse

Abstract

The present article examines the problems of online defamation with reference to The Prevention of Electronic Crimes Act 2016 (PECA) of Pakistan, with specific reference to its ambit and potential abuse. Section 20 of PECA makes it illegal to intentionally send a false electronic message with the intention to violate the reputation or privacy of another person, a new 21st-century punishment to the existing defamation damages. While the law was designed to combat "hate speech" online, the law is overbroad and criminal, which presents issues of overkill and chilling effects, and selective enforcement. This research situates PECA historically, theoretically, and practically with reference to comparative literature on cyber defamation, intermediary liability, and human rights norms. It examines the application of the statute, identifies some of the major challenges to the fair implementation of the statute, and provides options for reform. The research recommends that the definition, procedural protections, and proportionate punishment should be clarified to ensure the rights-based principles have been enshrined in the law. The dignity of the individual is preserved without compromising freedom of speech in the cyber world.