Cyber crime Laws in Pakistan
On 11 August 2016, Pakistan’s lower house, the National Assembly, passed a 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.
Salient Features
Application and Jurisdiction
The Act applies to all of Pakistan, on all Pakistani citizens inside Pakistan or outside it and on all such acts that constitute an offence or offences under the Act affecting a person, property, information system or data in Pakistan.
Intermediary Liability Protection
Service provider is protected from civil or criminal liability unless it had specific knowledge and willful intent to “proactively and positively participate” in an offence and not just omission or failure to act. The service provider is further exempted from civil and criminal liability if it informs a subscriber or user of notice in re any offense. Lastly the service provider is protected against any mandatory requirements about proactive monitoring or inquiries about content.
Retention of Data
the Act makes it mandatory for a service provider to retain “specified” traffic data for a period of one year or as the Authority (i.e. PTA) recommends. Service provider can only provide this data to investigation agency upon production of a warrant issued by court.
Real Time Collection of Data
Under the Act, a court can order real time collection of data through a service provider.
Confidential Information
Under the Act, a service provider cannot share confidential information of its subscribers or users unless by law. However, in the event a service provider is accused of this conduct, good faith defense is available by law i.e. the service provider or the government official was acting in good faith.
Directives from The Federal Government or Authority
Under the Act, the federal government or PTA (Pakistan Telecommunication Authority) can issue binding directives to service providers to prevent the commission of an offence under the Act. Any violation of directives issued by the federal government or PTA will be treated as a violation of the licensee’s terms and conditions.
PTA’s power to block online content
The Act gives PTA the power to block content in the interest of glory of Islam, integrity and security of Pakistan, public order, morality, decency, or in relation to contempt of court. Any decision may be reviewed by the PTA and the decision in review is further subject to an appeal before the high court. The PTA also is required to frame the rules for this exercise and so long as there are no rules, the federal government may ask the authority to exercise its power for the time being.