In today’s epoch the increasing influence of internet on its
users worldwide cannot be denied. With the increasing presence of ‘Cyber Influence’,
Pakistan too promulgated the Cyber Crime Prevention Bill in 2007 and Prevention
of Electronic Crime 2008. As internet
has grown in our Country, the need has been felt to enact the relevant Cyber
laws which are necessary to regulate internet in Pakistan. Pakistan has no comprehensive system to deal
with growing threat of cyber crimes. The centuries old criminal justice legal
framework is inadequate and ill-equipped to address the sophisticated online
threats of 21st century cyber age.
In light of the changing
communication dynamics, National Assembly unanimously passed "The Prevention of Electronic Crimes Bill,
2015", declaring electronic fraud, pornographic material about
children, illegal access of data (hacking), use of malicious code viruses and
other such things punishable acts. This Act may be called the Prevention of
Electronic Crimes Act, 2015.It extends to the whole of Pakistan.It shall also
apply notwithstanding the matters being the subject hereof occurring outside
Pakistan, in so far as they are directly or indirectly connected to, or have an
effect on or bearing in relation to persons, information system or events
within the territorial jurisdiction of Pakistan The bill comprise of five
chapters and 51 clauses. According to the 43-page bill, the first legislation to control cybercrimes, illegal hacking of data,
illegal interference, electronic forgery and fraud, Identity Crime, special protection of women and
cyber terrorism would be punishable with imprisonment and heavy fines after
the approval from the Senate.
The legislation provides new investigative power hitherto
unavailable such as search and seizure of digital forensic evidence using
technological means, production orders for electronic evidences and other
enabling powers which are necessary to investigate cyber crimes cases. The
Prevention of Electronic Crimes Bill, 2015 bill also afford protection to
citizen which has hitherto not been completely effective, exposing them to the
unmitigated threats posed by cyber criminals both home and abroad.
The bill, moved by State Minister
for Information Technology Anusha Rehman, has given power to federal government
to establish or designate a law enforcement agency to probe above mentioned
offences under this act. The bill says, if any civilian intercepts or uses
malicious code virus or makes any attempt for identity theft would also be sent
behind the bars. Creating a sense of fear or panic or insecurity in public, or
advancing religious ethic or sectarian discord has been put under the cyber
terrorism.
Electronic forgery, electronic
fraud, obtaining or supplying device for the use in any offence, unauthorised
use of identity information, unauthorised issuance of SIM cards, tempering of
communication equipment would be punishable with imprisonment and heavy fines.
The issuance of unauthorised SIM
cards will be cognisable offence by the investigation agency on a written
complaint by the Authority. Displaying
false information about any person would also be punishable up to three years
imprisonment or one million rupees fine. Superimposing a photograph of the face of any natural person over any
sexually explicit image or including anyone's video or picture in sexually
explicit conduct may be punished with imprisonment up to seven years or fine up
to rupees ten million or both.
If someone transmits harmful,
misleading, illegal or unsolicited information to any person without permission
of recipient would be sentenced to jail up to three months or fine up to one
million rupees or both. If someone
dishonestly establishes a website or
sends information with a counterfeit source intended to be believed, would
fall in the category of spoofing, a crime punishable with up to three years
punishment and five hundred thousand rupee fine or both. The bill states that
anyone who coerces or intimidates or
harasses any person using information system, internet, website, electronic
email or any other similar communication shall be liable to one year jail term
or Rs1 million fines. If the victim is a minor, the jail term shall be extended
to five years, or the fine shall be increased to Rs10million, or both..The bill states that Federal
Government shall designate the Federal Investigation Agency or any other law
enforcement agency as the special investigation agency for the purposes of
investigation and prosecution of offences under this Act. No person whether a
police officer, investigation officer or otherwise, other than an authorised
officer of the special investigation agency shall investigate an offence under
this Act. The bill grants powers to investigation officer to enter or search
any specified place and secure data, without getting warrants from court, if he
thinks that data could be destructed or lost, if he obtains warrants. However,
the law binds investigation officer to bring the seizure to the notice of court
within twenty-four hours.
According
to the bill, the government will establish a forensic laboratory independent of
investigation agency to provide expert opinion before the court or for benefit
of the investigation agency. According to bill, Federal Government may cooperate with any foreign Government, 24 /7 network,
any foreign agency or any international
organization or agency for the purposes of investigations or proceedings
concerning offences related to information systems, electronic communication or
data or for the collection of evidence in
electronic form of an offence or obtaining expeditious preservation and
disclosure of data by means of an
information system or real-time collection of
traffic data associated with specified communications or interception of data under this Act.
Punishments under Prevention of
Electronic Crimes Bill, 2015
- Up to five year imprisonment, PKR
10 million fine or both for hate speech, or trying to create disputes and
spread hatred on the basis of religion or sectarianism.
- Up to five year imprisonment, PKR
5 million fine or both for transferring or copying of sensitive basic
information.
- Up to PKR 50 thousand fine for
sending messages irritating to others or for marketing purposes. If the
crime is repeated, the punishment would be three months imprisonment and a
fine of up to PKR 1 million rupees.
- Up to three year imprisonment and
a fine of up to PKR 0.5 million for creating a website for negative
purposes.
- Up to one year imprisonment or a
fine of up to PKR 1 million for forcing an individual for immoral
activity, or publishing an individual’s picture without consent, sending
obscene messages or unnecessary cyber interference.
- Up to seven year imprisonment, a
fine of PKR 10 million or both for interfering in sensitive data
information systems.
- Three month imprisonment or a PKR
50 thousand fine or both for accessing unauthorised data.
- Three year imprisonment and a fine
of up to PKR 5 million for obtaining information about an individual’s
identification, selling the information or retaining it with self.
- Up to three year imprisonment and
a fine of up to PKR 0.5 million for issuing a sim card in an unauthorised
manner.
- Up to three year imprisonment and
fine of up to PKR 1 million rupees for making changes in a wireless set or
a cell phone.
- Up to three year imprisonment and
a fine of up to PKR 1 million for spreading misinformation about an
individual.
