Beyond X Ban: PECA 2025 and Constitutional Speech Standards under Articles 14, 19, 19A

Abstract

The interplay between digital platforms and constitutional law in Pakistan has intensified after the 2024–25 blocking of X (formerly Twitter) and the introduction of the Prevention of Electronic Crimes Act (PECA) Amendment 2025. This paper asks which constitutional and international tests constrain PECA 2025 takedown orders and prolonged platform blocks, and how necessity, proportionality and independent oversight can be ensured. Unlike descriptive studies, it offers an original doctrinal and empirical assessment: building a taxonomy of PECA takedown orders, analyzing Pakistani judgments, and comparing them with standards derived from the Constitution (Articles 14, 19 and 19A) and the International Covenant on Civil and Political Rights (ICCPR). Survey data from journalists and civil‑society actors illustrate the chilling effects of platform bans. The findings show that PECA 2025’s broad powers to direct intermediaries to remove “fake or false information” and to require registration and licensing of platforms clash with constitutional guarantees of privacy, dignity and freedom of expression. Courts remain hesitant to police executive discretion, yet emerging jurisprudence on fair‑trial rights and proportionality provides doctrinal hooks. The article concludes with recommendations for a rights‑compatible content‑regulation framework in Pakistan.