Section 26-A of PECA and Freedom of Expression in Pakistan: A Constitutional Analysis

Abstract

The Prevention of Electronic Crimes (Amendment) Act 2025 added Section 26-A that criminalizes any dissemination of false or fake information that is likely to cause fear, panic, or any disorder in the population, which raises the constitutional issue of freedom of expression in Pakistan. This paper uses the doctrinal and comparative legal research design, analyzing the text of the Section 26-A, the provisions of the constitution (Articles 19 and 19-A), the Pakistani case law, and the international standards of free-expression. The discussion discovers that Section 26-A employs ambiguous terms and general liability criteria, which allow wide interpretation and puts journalists, political opponents, and other civil society members at risk of abuse. The provision seems to have no chance of passing constitutional tests of legality, necessity, and proportionality, and require legislative modification to bring Pakistan to the standard of the constitution and the global human rights standards in cybercrime.

Keywords: Freedom of expression, disinformation, cybercrime law, PECA (2025), Pakistan Constitution Art. 19, press freedom, proportionality.