Regulating Digital Expression: A Critical Appraisal of the Prevention of Electronic Crimes (Amendment) Act, 2025, and its Impact on Civil Liberties in Pakistan

Abstract

The Prevention of Electronic Crimes (Amendment) Act, 2025, which amends the Prevention of Electronic Crimes Act (PECA) 2016 by redefining cybercrime and establishing four new regulatory bodies, has drawn considerable criticism in Pakistan. The amendments were enacted with little parliamentary debate or stakeholder consultation. Civil society, journalists and legal experts are of the view that the law may allow the executive to go beyond its limits and harm constitutional freedoms, especially the right to freedom of expression, the right to privacy and the space for political opposition. The government, on the other hand, presents these reforms as a necessary response to the growing problem of cybercrime and online disinformation. The paper combines doctrinal analysis with a Critical Legal Studies (CLS) lens. The state presents these reforms as necessary steps against the growing menace of cybercrime and electronic disinformation. The paper critically evaluates whether these measures enhance digital rights or are simply instruments of surveillance and control in an increasingly securitised context. It contributes to scholarship on technology law and civil liberties in postcolonial nations by situating the amendments within debates on digital authoritarianism, legal instrumentalism, and constitutionalism.