In a significant overhaul of Pakistan’s digital regulatory framework, the government has introduced a set of new enforcement institutions through recent amendments to the Prevention of Electronic Crimes Act (PECA). These reforms mark the most comprehensive restructuring of the country’s cyber governance landscape since the law’s inception in 2016. At the centre of this transformation are four newly proposed bodies: the Social Media Protection and Regulatory Authority (SMPRA), the Social Media Complaint Council (SMCC), the Social Media Protection Tribunals (SMPTs), and the National Cyber Crime Investigation Agency (NCCIA).
These developments, while framed as a modernisation of digital oversight, have also sparked debates surrounding freedom of expression, data sovereignty, and institutional accountability.
SMPRA: The Central Digital Regulator
The newly established Social Media Protection and Regulatory Authority (SMPRA) is envisioned as the apex digital regulator, replacing the Pakistan Telecommunication Authority (PTA) in matters related to social media content, platform compliance, and user protection.
Unlike the PTA, which operated under the Ministry of Information Technology, SMPRA is to function as an autonomous body with broader regulatory mandates, including:
- Drafting and enforcing community standards tailored to Pakistani socio-cultural norms.
- Certifying compliance from platforms like Facebook, X (formerly Twitter), TikTok, and YouTube.
- Coordinating with tech companies on data localisation, algorithm transparency, and removal of “harmful content”.
Critics have expressed concern that without robust safeguards, SMPRA could become a politically influenced mechanism for digital censorship. However, government officials argue that SMPRA’s framework includes internal oversight boards and public consultations to ensure proportionality and transparency.
SMCC: Citizen-Focused Redress Mechanism
The Social Media Complaint Council (SMCC) is designed to serve as a citizen-facing grievance redressal forum. With regional chapters in all provinces, the SMCC is tasked with:
- Receiving and processing complaints related to online harassment, misinformation, hate speech, and privacy violations.
- Facilitating mediation between users and platforms before formal prosecution.
- Issuing binding recommendations to SMPRA and investigative agencies.
By decentralising complaint management, the SMCC aims to enhance user trust and procedural accessibility. It also introduces timelines for complaint resolution, with a mandatory initial response within 7 working days—an improvement over the opaque and delayed processes previously seen under the PTA framework.
SMPTs: Dedicated Social Media Protection Tribunals
To expedite legal proceedings in cyber-related disputes, the amendments establish Social Media Protection Tribunals (SMPTs)—specialised judicial bodies tasked with adjudicating violations of PECA and related statutes.
These tribunals, to be chaired by retired High Court judges or qualified digital law experts, will have the authority to:
- Hear appeals against SMPRA directives.
- Issue fines, takedown orders, and binding compliance directives.
- Provide judicial scrutiny to content bans, account suspensions, and algorithm-related disputes.
The SMPTs are intended to address growing concerns over arbitrary censorship, offering a due process channel that merges legal rigour with digital literacy. However, their actual independence will depend on appointment mechanisms and protection from executive interference.
NCCIA: Replacing the FIA Cyber Crime Wing
Perhaps the most consequential change is the dissolution of the Federal Investigation Agency’s (FIA) Cyber Crime Wing, replaced by the newly constituted National Cyber Crime Investigation Agency (NCCIA).
The NCCIA is envisaged as a professional, technically specialised, and independent body dedicated to cybercrime investigation. Unlike the FIA, which was widely criticised for limited expertise, procedural lapses, and politicisation, the NCCIA is expected to feature:
- Dedicated digital forensics labs in each province.
- Cross-sectoral recruitment of cybersecurity professionals, digital law experts, and ethical hackers.
- A centralised case management system for tracking, auditing, and reporting cybercrime investigations.
Additionally, the NCCIA is mandated to cooperate with international cyber policing bodies, such as INTERPOL and CERT networks, to tackle transnational cyber threats including financial fraud, online extremism, and digital espionage.
A New Digital Order or Centralised Control?
While the creation of these institutions reflects an attempt to modernise Pakistan’s digital governance architecture, concerns persist. Civil society groups and digital rights advocates, including DRF (Digital Rights Foundation) and Bolo Bhi, have warned of potential overreach, especially in the absence of a data protection law and parliamentary oversight mechanisms.
Key apprehensions include:
- Vague definitions of “harmful content” that could be used to suppress dissent.
- Lack of transparency in SMPRA’s platform rating and penalisation criteria.
- Possible duplication of roles between SMPRA and other media regulatory bodies like PEMRA.
On the other hand, proponents argue that these reforms were overdue. Pakistan’s digital ecosystem has expanded exponentially, and existing institutions were under-equipped to deal with complex issues like deepfakes, cyber-extortion, and algorithmic manipulation.
Striking the Right Balance
The establishment of SMPRA, SMCC, SMPTs, and the NCCIA represents a watershed moment in Pakistan’s journey towards structured digital governance. Whether these institutions succeed in safeguarding citizen rights while regulating harmful content will depend on their independence, procedural fairness, and resistance to politicisation.
In the years ahead, Pakistan will need to ensure that these bodies are not just tools of enforcement but instruments of trust-building—bridging the gap between platform accountability and user empowerment, without compromising democratic freedoms in the digital sphere.
