down against political dissidents rather than being evoked against those who are directly engaged in terrorist and militant activities. Other restricting mechanisms PECA includes another set of provisions that do not fall directly under the categories defined above. The most prominent of these is Section 21: Offences against modesty of a natural person and minor. Whoever intentionally and publicly exhibits or displays or transmits any information which,– (a) superimposes a photograph of the face of a natural person over any sexually explicit image or video; or (b) includes a photograph or a video of a natural person in sexually explicit conduct; or (c) intimidates a natural person with any sexual act, or any sexually explicit image or video of a natural person; or (d) cultivates, entices or induces a natural person to engage in a sexually explicit act, through an information system to harm a natural person or his reputation, or to take revenge, or to create hatred or to blackmail, shall be punished with imprisonment for a term which may extend to five years or with fine which may extend to five million rupees or with both. At first glance, the section appears clear in its intention: most cases initiated under this clause, including one currently being heard in the special court in Karachi, have been brought by women being blackmailed and intimidated by the use of morphed pictures. However, since May 2016, the FFIA, the key investigative body defined in PECA, has been engaged in a crackdown against journalists, bloggers and micro-bloggers who have been accused of penning anti-Army content.43 In a number of cases, including one involving a journalist, Zafar Achakzai,44 the FIA has used Section 21 of PECA. The journalist was arrested in Quetta and later granted bail.45 How exactly a piece or tweet that is critical of the Army falls under the ambit of this 43 The Nation. (2017, 16 May). FIA traces 12 websites with anti-Army content. The Nation. nation.com.pk/national/16-May-2017/ fia-traces-12-websites-with-anti-army-content 44 Hashim, A. (2017, 30 June). Pakistan: Zafar Achakzai charged for anti-army post. Al Jazeera. www.aljazeera.com/ news/2017/06/pakistan-zafar-achakzai-charged-anti-armypost-170630074828317.html 45 Shah, S. (2017, 5 July). Quetta court grants bail to journalist arrested by FIA over “anti-state” social media posts. Dawn.com. https://www.dawn.com/news/1343411/quetta-court-grants-bailto-journalist-arrested-by-fia-over-anti-state-social-media-posts section is something that is yet to be explored as there are no decisions in any of these cases yet. What is alarming is the abuse and even disregard of the procedures described within the law. FIA officials have not only brought in people without registration of formal charges, they have also allegedly gone through their data and devices. A news story in The Guardian quotes an FIA official saying that “his agency had orders from the interior ministry to interrogate, and seize laptops and phones, without warrant.”46 The story also claims that the agent was authorised to detain anyone on suspicion. Following a similar attempt by the FIA to intimidate another journalist into submission, Taha Siddiqui, the affected journalist, initiated a petition against the agency in the Islamabad High Court. The journalist, who is known to be critical of the security institutions, was initially contacted by the Counter Terrorism Department of the agency. During the course of the court hearing, his case was transferred to the Cyber Crime Wing47 and he was later asked to visit the FIA so that “log in and technical staff may scrutinise his account.” This is against the procedure defined within the law, which requires the agency to acquire a warrant before any such logging or scrutinisation can take place. Since PECA 2016 has been enacted, there have been various cases of concern where bloggers have faced enforced disappearances, journalists have been picked up and tortured while being interrogated about their social media activity,48 and political workers have been harassed to leave digital spaces. Another restricting mechanism is PECA Section 37, which does not criminalise content per se, but defines very broad categories of “unlawful content” that is supposed to be proactively blocked by the PTA. Section 37 states: The Authority (PTA) shall have the power to remove or block or issue directions for removal or blocking of access to an information through any information system if it considers it necessary in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, public order, decency or morality, or in relation to contempt of court or commission of or incitement to an offence under this Act. 46 Rasmussen, S., & Gillani, W. (2017, 11 June). Op. cit. 47 The Express Tribune. (2017, 6 July). Journalist Harassed: Case transferred to cyber crime wing. The Express Tribune. https://tribune.com.pk/story/1451057/ journalist-harassed-case-transferred-cyber-crime-wing 48 Dawn. (2017, 11 July). Journalist freed after “torture”. Dawn.com. https://www.dawn.com/news/1344495 114 / Unshackling Expression