Express Tribune Editorials 31st May 2025

[zarnishhayat]

A tool of suppression

Laws are meant to be scrutinised - especially when they begin to encroach upon the very freedoms they are supposed to protect. The Human Rights Commission of Pakistan's latest report on the PECA Act 2025 offers a much-needed critical lens on a law that has become a potent tool of suppression rather than protection.

PECA, in its current form and through its iterations since 2016, has consistently empowered the state at the expense of individual liberties. Its criminalisation of vague categories such as "fake and false information" — punishable by up to three-year imprisonment — opens the door to arbitrary interpretation and misuse.

Instead of combating genuine cybercrime, the law has increasingly been wielded to stifle dissent and as a muzzling tactic. This is not an isolated case. PECA is part of a growing pattern of repressive legal frameworks that aim to curtail civic spaces in Pakistan. Additionally, PECA introduces a regulatory authority, complaints council and tribunal — all operating under considerable executive influence. While oversight is necessary in any legal process, the concentration of power in a few hands raises concerns about fairness and impartiality. Such laws tend to erode the foundations of democracy by criminalising criticism and silencing voices.

The HRCP's call for the law's repeal is both timely and necessary. It is a reminder that no law should be above public scrutiny — especially one that so deeply affects the fundamental rights of citizens. Rather than discarding the law altogether, a more balanced approach could involve revisiting and refining PECA. Clearer definitions and better oversight mechanisms would go a long way in aligning the law with its original intent. Constructive reform, grounded in consultation with civil society, may be the best way forward.


Same ban, new promise

The Pakistan Environmental Protection Agency (Pak-EPA), in collaboration with the Islamabad Capital Territory administration, banned the manufacture, import, distribution, sale and use of single-use plastics in 2019, and once again in 2023. Despite the longevity of these bans, the federal capital has repeatedly failed to enforce them, with a survey revealing that more than 60% of household garbage in Islamabad comprises polythene bags while 30% comprises plastic bottles.

The enactment of eco-friendly regulations consistently followed by governmental inaction is a theme that the city is much too familiar with. Similar to the lack of implementation seen after Solid Waste Management Regulations 2023, the federal government has lagged behind in spreading awareness and enforcing the plastic ban. The aforementioned survey also revealed that 44% of people were unaware of the 2023 regulations banning single-use plastic.

This neglect is once again being tackled as the climate ministry has claimed to intensify its crackdown on the use of plastics which includes recently levied fines on several violators. A spokesperson for Pak-EPA says that large amounts of banned products have been confiscated through targeted inspections. While these inspections are an essential step for climate-friendly practices, they risk becoming futile within a broader picture if not regularly conducted.

If such practices are carried out periodically, the only goal they accomplish is to punish a handful of people engaged in behaviour that is prevalent across the city. For a sustainable and pragmatic approach, the government must execute efforts to fine violators, seize banned products and issue warnings in a consistent manner.

Additionally, it should ensure that alternatives to plastic, such as paper or cloth bags, are accessible and affordable. These actions will ultimately encourage citizens to stand with the regulations rather than feeling ambushed by erratic crackdowns.


Bitcoin Strategic Reserve

Pakistan's recent announcement of a state-backed Bitcoin Strategic Reserve is the latest in a series of major shifts in global crypto policy and is earning simultaneous praise and consternation. Though the policy change comes on the heels of the US setting up its own strategic crypto reserve — the largest in the world — the US reserve has been populated with only recovered and seized crypto, and the country has been clear that it does not intend to get involved in mining.

Pakistan, on the other hand, must learn from the experiences of El Salvador, which became the first country to fully legalise crypto in 2021 and the first to have a crypto-induced economic crash a year later. Despite Bitcoin having recovered its price since El Salvador has had to scale back crypto purchases and mining to meet the terms of an IMF bailout that was necessitated by the failure of crypto to help improve its teetering economy, which advocates had promised was a sure thing — something that should ring familiar for Pakistanis.

Our Bitcoin czar, Bilal Bin Saqib, recently said assets would "never, ever be sold" as a long-term bet on decentralised finance. While this may help a country benefit from price appreciation in the long run, Pakistan's foreign reserves are often little more than pocket change, leaving little wiggle room to spend on crypto without sacrificing elsewhere. Also, Bilal skipped over the point that Bitcoin is still technically illegal in Pakistan under SBP and SECP rules.

The pivot to crypto is a high-stakes gamble which, if executed transparently, could attract foreign investment and foster financial inclusion. But the current approach feels more like a technocratic fantasy, that could prove to be two steps back for the economy and a great leap forward for corruption.

After all, the Bitcoin advisors include Binance, which does business with the children and companies of President Trump, and World Liberty Financial, which is majority-owned by the Trump family and includes investors who faced fraud charges until the Trump administration dropped the cases against them. Or maybe that is the goal — investors have dropped billions into Trump-owned crypto products. Most of that money will end up in the Trump family's pockets, while the investors have seen benefits ranging from pardons to favourable White House policies.