“Say NO to PECO” or the Prevention of Electronic Crimes Ordinance was the clear message outlined on a wall poster behind the speakers at the conference. The press conference constituted of four influential members of the society namely Jehan Ara, President P@SHA, Sabeen Mahmud, President TiEcon, Barrister Zahid Jameel and Mr. Nadeem, Spokesperson ISPAK.  Emphasis was made on the impact of the law on every individual in society and how this ordinance needs to be translated in terms that are not ambiguous and can be understood by everyone. Also emphasizing that the stake holders should be consulted for the final draft of the ordinance before it is made a law and the message be spread to people through the help of media so that the masses realize the affects of this ordinance. You can view the video report of the Press Conference here.

Each speaker highlighted some important facts into the ordinance that needed to be looked into and if necessary revised, particularly the clauses in the articles that seem to be aimed at censoring free speech and cutting civil liberties. Ms. Jehan Ara pointed out the irony by saying “This ordinance was first promulgated by President Musharaf and his team, even then efforts were made to ask the government to revise the ordinance but no signs of change came forward, then a democratic government came into rule and we thought that we wouldn’t have to worry about it and that the government would look after the matter it self, but the reality is that the same ordinance was promulgated by the current democratic government without any changes,” hence emphasizing over the importance of spreading the awareness about the PECO before it is too late and the government translates this ordinance into a law.

When asked why authorities such as the Pakistan Telecommunication Authority (PTA) & Pakistan Electronic Media Regulatory Authority (PEMRA) aren’t raising their voices against this, as the ordinance affects them too, Barrister Zahid Jameel pointed out the fact that “They are both government entities and this is a government bill going down to the assembly and they wouldn’t want to object to a government action”. Barrister Jameel also pointed out the effects of the ordinance on the growth of people as individuals and as organizations and described it as a “chilling effect” which causes people not to participate and eventually would result in businesses moving out of the country to different areas resulting in a huge economic impact.

Mr. Nadeem from ISPAK highlighted two important facts. Firstly, the fact that Article 13 of the law prohibits any individual to be sentenced for dual punishment but according to PECO, it is possible to carry out dual punishment. Secondly, Article 19 of the law allows us the right of “Freedom of Speech” however under the PECO, the ‘openness’ of communication is restricted.

Sabeen Mahmud described this ordinance as draconian based on the fact that it deprives individual rights by restricting them not to raise their voices against it. “It’s shocking that so few people realize how draconian this ordinance is and how it can be used to impart vigilante justice”. She described situations where people may be able to use the ordinance to legalize victimization of innocent individuals.

Other issues highlighted during the press conference included the lack of alignment with international standards such as the Budapest Convention. In order for PECO to spread its jurisdiction in other countries it must comply with these international standards. The need to have consistency in the definitions outlined in the ordinance is also a problem discussed by the panel of experts.

The issue at hand that the Government should have consulted with stakeholders before promulgating the ordinance was at the heart of the discussion. Jehan Ara pointed out the fact that the government first drafted the ordinance and then allowed stakeholders to give their views where they should have been approached before the formulation process.

There is an overall need to increase the awareness of how the Ordinance impacts the individual and what the rights of the individual are. According to Jehan Ara, “We are a group of concerned citizens who want to bring everyone’s attention to this matter. After all, only concerned citizens constitute a dynamic society that supports growth”.

For more details, please visit pasha.org.pk and nr3c.gov.pk

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