The Pakistani government designates new courts in Islamabad to handle cases of digital terrorism and anti-state propaganda

On July 23, 2024, the Pakistani federal government announced the establishment of special courts in Islamabad under the Prevention of Electronic Crimes Act (PECA), 2016. This decision aims to address and prosecute cases involving “digital terrorism” and anti-state propaganda disseminated through digital platforms.

The law ministry’s notification, issued on July 19, designates courts comprising Additional District & Sessions Judges and Civil Judges-cum-Magistrates in both East and West Islamabad for handling these offences. This move follows consultations with the Chief Justice of the Islamabad High Court (IHC) and is seen as a significant step in the government’s ongoing efforts to combat online threats.

This decision comes amid heightened political and social tensions. Sources suggest that recent arrests of PTI officials, including Information Secretary Raoof Hasan and International Media Coordinator Ahmed Waqas Janjua, could be among the first cases tried in these newly-established courts. The timing of this move coincides with statements from military spokesperson Lt-Gen Ahmed Sharif Chaudhry, who linked digital terrorism to broader anti-state activities, emphasizing that extremists use digital platforms in ways similar to traditional terrorists.

The government’s action follows a period of rising political temperature, particularly after the Supreme Court’s recent ruling on July 12, which recognized PTI as the largest party in the National Assembly. This ruling undermined the ruling coalition’s two-thirds majority, prompting a series of actions against PTI and its leaders. The government has indicated plans to challenge this decision further, including potential bans and high treason charges against PTI figures.

In recent weeks, the ruling coalition has frequently accused PTI of engaging in digital terrorism, blaming them for exacerbating tensions and undermining state institutions. Information Minister Ataullah Tarar has specifically criticized the PTI for allegedly supporting extremist elements and for its role in the deteriorating security situation.

PECA was introduced to address modern cybercrimes and online threats, offering new investigative powers and tools to combat sophisticated digital crimes. The establishment of these special courts aligns with the IHC’s directives to enhance the legal framework for addressing cybercrimes and digital terrorism.

Analysis:

Political: The creation of special courts for digital terrorism under PECA represents a significant political move by the Pakistani government. It highlights the escalating political struggle between the ruling coalition and the PTI, particularly in the wake of recent judicial rulings and political upheavals. The designation of these courts suggests an attempt by the government to consolidate control and address criticisms of its handling of online dissent and anti-state propaganda. This move also reflects broader geopolitical dynamics, as Pakistan seeks to address both internal and external pressures through legal and political measures.

Social: The decision to establish these special courts resonates with growing concerns about the impact of digital content on societal stability. By targeting digital terrorists and those spreading anti-state propaganda, the government aims to mitigate the influence of online misinformation and extremist rhetoric. This action reflects a broader societal debate on the balance between security and freedom of expression, highlighting the challenges of managing digital content in an era of rapid information exchange.

Racial: While the focus of the new courts is on digital terrorism and anti-state propaganda, it is important to consider how these measures might impact different communities within Pakistan. The broader implications for marginalized groups or political dissenters who use digital platforms to voice their concerns could be significant. There is a risk that these measures might disproportionately affect certain groups, potentially exacerbating existing social divisions.

Gender: The announcement of the new courts does not explicitly address gender issues, but it is essential to consider how digital terrorism and online harassment can affect individuals across gender lines. Women, in particular, are often targeted by online abuse and harassment, and the legal framework established under PECA should ensure protection against such gender-based digital violence.

Economic: The establishment of special courts under PECA has potential economic implications, particularly in terms of resource allocation and the cost of implementing new legal processes. The focus on digital terrorism may require substantial investment in technology and training for the judiciary. Additionally, the political climate created by these measures could impact economic stability, influencing investor confidence and economic growth.