Assignment

N0#3

Daniyal Aqil
BSCS 3rd semester
193(E)
 Question: 1

Write detailed note on history of Cyber Laws in Pakistan

Cyber-laws in Pakistan have a long and extensive history. The first cyber law in Pakistan was
the Electronic Transaction Ordinance (ETO) 2002, which was enacted to regulate e-commerce
activities in the country. This was followed by the Prevention of Cyber Crimes (PCC)
Ordinance 2007, which was the first law to specifically address cyber-crimes in Pakistan. The
most recent law in the country is the Prevention of Electronic Crimes Act (PECA) 2016, which
provides a comprehensive legal framework for the regulation of the cyber-space in the country.
The Act defines cyber crimes, provides for the criminalization of various cyber-crimes, and
provides for the establishment of a cyber-crime tribunal to deal with cyber-crimes. The Act also
provides for preventive measures as well as remedies for victims of cyber-crimes. The Act also
provides for the establishment of a National Authority for the promotion of cyber-security and
the protection of personal data. The Act additionally provides for the establishment of a
National Response Centre for Cyber-crimes and the establishment of the Pakistan Computer
Emergency Response Team (PakCERT). The Act also provides for the establishment of a
National Cyber Security Council and the establishment of a National Cyber Security
Committee. These measures are aimed at strengthening the cyber-security infrastructure of the
country and protecting the interests of the citizens.

I. Introduction
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The authorities have introduced different cybercrime laws in Pakistan to curb cybercrimes.
Learn all about them through this points.

II. Cyber Crime Bill Passed by the National Assembly

On August 11, 2016, Pakistan’s lower house, the National Assembly, passed a controversial
cybercrime law called the Prevention of Electronic Crimes Act, 2016. The Senate had
unanimously passed the law, with a number of amendments, in July. The President of Pakistan
gave his assent to the legislation on August 18, 2016.

III. Crimes Covered Under the Act

The Act introduces a range of offenses involving the unauthorized access, transmission,
copying, or interference in an information system or data. Harsher penalties are set for these
crimes if they involve information systems or data connected to critical infrastructure. The Act
also introduces the offense of cyber-terrorism, as well as crimes of spamming and of
distributing and transmitting malicious code. Section18 (1) of the law essentially criminalizes
defamation “through any information system.” The Act also prohibits, among other acts,
superimposing “a photograph of the face of a natural person over any sexually explicit image or
video.” Additionally, the Act criminalizes cyber stalking and producing, distributing,
possessing, or procuring online child pornography.

IV. Investigative Powers

The investigative powers granted by the Act include those of preservation, search and seizure,
and retention of data, and also the real time collection and recording of information through a
court order or warrant. The Federal Investigation Agency (FIA) has been designated as the
Investigation Agency under the Act. The Pakistan Telecommunication Authority also has the
power to remove or block access to certain information.

V. Reaction to the Act

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Human rights and free speech activists have expressed concern that many of the provisions of
the Act are framed in vague terms that “could lead to curtailment of free speech and unfair
prosecutions.” Opposition political parties have also expressed concern about the potential for
misuse of the Act by government authorities.

VI. Prevention of Electronic Crimes Act (PECA)

In 2009, the government of Pakistan passed the Prevention of Electronic Crimes Act (PECA).
This act was an amended version of the 2002 ordinance, and it provided more comprehensive
laws to address cyber-crimes. PECA laid out specific punishments for various types of cyber-
crimes, and it also provided legal protection to victims of cyber-crimes.

VII. Cyber Crime Investigation Agency (CCIA)

Since then, several other laws have been passed in Pakistan to address the issue of cybercrime.
In 2006, the Cyber Crime Act was enacted, which established a dedicated Cyber Crime
Investigation Agency (CCIA) to investigate and prosecute cases of cybercrime. The law also
included provisions for extraditing foreign suspects involved in cybercrimes committed in
Pakistan.

VIII. National Response Centre for Cyber Crimes (NR3C)

In 2007, the government of Pakistan created the National Response Centre for Cyber Crimes
(NR3C) to tackle the increasing number of cyber-crimes in the country. The NR3C was
established with the aim of providing a comprehensive response to cyber-crime, and it worked
with other law enforcement agencies to ensure that those who commit cyber-crimes are brought
to justice.

VIX. Conclusion

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The Prevention of Electronic Crimes Act, 2016 has been criticized for its potential to be used to
target satirical online content and stifle political debate online. The Act grants the authorities
broad powers to investigate and block access to certain information. Despite these criticisms,
the Act is an important step in protecting