For years, the digital world was a sanctuary for the LGBTQI community in Pakistan—a place to find community, love, and support in a society that often refuses to acknowledge our existence. However, that sanctuary has been turned into a hunting ground. The Prevention of Electronic Crimes Act (PECA) 2016 is no longer just a law to stop cybercrime; it has become a primary tool for the FIA (Federal Investigation Agency) and NCCIA to target, entrap, and silence gay individuals.

At PridePakistan.org, we are witnessing a terrifying trend where legal jargon is used to mask state-sponsored persecution. Here is a breakdown of how the PECA Act is being weaponized and why it stands in direct violation of basic human rights.

The Legal Trap: Decoding the Sections

The state frequently misinterprets or broadens the scope of specific PECA sections to justify the arrest of community members.

1. Section 20: Offenses Against Dignity

While designed to prevent defamation, this section is often used to criminalize private digital expressions of identity. By labeling gay content as “harmful to the dignity” of society or individuals, the state justifies the surveillance of private chats.

• The Reality: Your private life is not a crime against anyone’s dignity. Privacy is a right, not a privilege.

2. Section 22: Child Pornography (The Weapon of Scare Tactics)

As discussed, Section 22 is a severe, non-bailable offense. We have received reports of authorities falsely applying or threatening this section during raids to intimidate gay men into “confessions” or to justify the seizure of their devices.

• The Reality: Conflating adult, consensual gay relationships with child pornography is a malicious tactic used to dehumanize the community and ensure the public remains silent about these arrests.

3. Section 24: Spoofing (Digital Identity Under Fire)

Authorities often use the “Spoofing” clause to target people using pseudonyms or “fake” profiles on dating apps.

• The Reality: For many LGBTQI Pakistanis, using a pseudonym is a safety necessity, not a criminal act. Forcing individuals to use real identities in a hostile environment puts their lives at risk.

4. Section 37: Unlawful Online Content

This is the “censorship” clause used to block PridePakistan.org and other dating platforms. It gives the state the power to decide what is “obscene” or “immoral.”

• The Reality: Moral policing should not be the basis of law. Accessing information and community support is a fundamental human right.

How PECA Violates Basic Human Rights

The use of PECA against the gay community doesn’t just violate local laws; it breaches international human rights standards that Pakistan has committed to uphold.

• Violation of Privacy (Article 14 of the Constitution): PECA is being used to bypass the “inviolability of dignity and privacy of home.” State agencies are entering the most private digital spaces of citizens without warrant or cause.
• Freedom of Expression (Article 19): By blocking websites and arresting those who access them, the state is stifling the right to receive and impart information.
• Right to Liberty and Fair Trial: Many community members are held without proper legal representation, subjected to torture in FIA custody, and forced to sign “confessions” under duress—all under the guise of a PECA investigation.

A Strong Statement from PridePakistan

“The Pakistani state is using PECA as a digital noose. Every day, our helpdesk receives thousands of messages from terrified individuals whose lives have been ruined by a simple text message or a dating app profile. These are not ‘criminal gangs’—these are our brothers, friends, and colleagues. Using cybercrime laws to target consensual behavior and identity is a dark stain on Pakistan’s justice system. We demand an immediate end to the entrapment, the torture, and the weaponization of PECA against the LGBTQI community.”

What Can You Do?

1. Educate Yourself: Know your rights under PECA. If you are detained, you have the right to remain silent and the right to a lawyer.
2. Digital Safety: Use encrypted messaging apps (like Signal) and high-quality VPNs. Avoid sharing identifiable information on dating platforms.
3. Report to Us: If you or someone you know has been targeted by the FIA or NCCIA, reach out to PridePakistan.org. Your story helps us build a case for international advocacy.

The law should protect citizens, not persecute them for who they love.