Pakistani journalists’ freedom of expression is under threat as criminal defamation charges are being brought against journalists, according to a report published by media rights watchdog Freedom Network on Tuesday.

The report, entitled “Criminalizing Online Dissent through Legal Victimization,” analyzed case law and other legal actions taken against journalists between 2019 and 2021, focusing on the country’s authorities’ use of the Prevention of Electronic Crimes Act (PECA). While the PECA is in place to prohibit cybercrime, the report found that it is now being used to charge journalists.

Sections most often used to prosecute journalists included section 500, an online defamation provision; section 505, a public mischief provision; and section 109, which concerns encouragement of an undesirable behavior. Some journalists reported receiving a notice of charges against them, which did not indicate the provision relied on by the authorities.

Freedom Network identified that freelance journalists were most often the subject of action under the PECA. Journalists who were union members also appeared disproportionately targeted under the PECA, according to the report. Twenty percent of journalists who were prosecuted told Freedom Network that their charge arose without a complaint from a third party.

Everyone has the right to freedom of expression as provided for by article 19 of the Universal Declaration of Human Rights. Freedom Network identified as a critical threat to freedom of expression that journalists who published critical or dissenting work, particularly concerning the executive and judicial branches of the government, were the subject of a high number of prosecutions.

The report noted that “[t]here seems to be an arbitrary exercise of the jurisdiction by [the Federal Investigation Agency] to register cases irrespective of whether inquiries against journalists are completed or not completed.”

Over 50 percent of the journalists charged under the PECA told Freedom Network that they had been subjected to torture while in custody awaiting trial. According to Freedom Network, the use of the PECA against journalists has created a “chilling pattern”.