History of Cyber Crime Laws in Pakistan
- Early Developments (Before 2007)
- Before 2007, Pakistan had no specific cyber crime legislation. Cyber crimes were sometimes dealt with under general laws like:
- Pakistan Penal Code (PPC), 1860
- Electronic Transactions Ordinance (ETO), 2002 – primarily dealt with e-signatures and e-commerce validation, not cyber crimes directly.
- Prevention of Electronic Crimes Ordinance (PECO), 2007
- First law specifically addressing cyber crime.
- Introduced by the Musharraf Government as an ordinance.
- Covered offenses like:
- Unauthorized access
- Data damage
- Cyber terrorism
- Lapsed in 2009 without being made an Act of Parliament.
- Prevention of Electronic Crimes Act (PECA), 2016
- Most comprehensive and current law.
- Passed by the National Assembly in August 2016.
- Enforced by the Federal Investigation Agency (FIA) via its Cyber Crime Wing.
Key Features of PECA 2016
Major Offenses and Penalties
| Offense | Punishment |
| Unauthorized access to information system | Up to 3 years imprisonment or fine or both |
| Cyber terrorism | Up to 14 years imprisonment + fine |
| Electronic fraud | Up to 2 years imprisonment + fine |
| Hate speech online | Up to 7 years imprisonment + fine |
| Child pornography | Up to 7 years imprisonment + fine |
| Defamation (Section 20) | Up to 3 years imprisonment + fine (non-bailable) |
| Spamming/spoofing | Fine up to Rs. 50,000 – Rs. 500,000 |
| Cyber stalking | Up to 3 years imprisonment + fine |
PECA Institutions and Enforcement
- Designated Agency: FIA (Cyber Crime Wing)
- Cyber Crime Courts: Special courts established under PECA
- Collaboration with ISPs: Internet Service Providers must retain traffic data for 1 year
Controversies and Amendments
- PECA has been criticized for:
- Being vague in definitions (e.g., cyber terrorism, defamation)
- Potential misuse against journalists and political dissent
- Ordinance 2022 Amendment (later challenged in courts):
- Made defamation a non-bailable, cognizable offense
- Widely criticized for curbing freedom of speech
- Islamabad High Court declared parts of it unconstitutional
Important Government and Legal Bodies
- FIA Cyber Crime Wing
- Pakistan Telecommunication Authority (PTA)
- Courts under PECA
- Ministry of IT and Telecom
How to Report a Cyber Crime in Pakistan
- FIA Cyber Crime Reporting Portal
- Can also visit any FIA Cyber Crime Reporting Center in major cities
Conclusion
Pakistan’s cyber crime laws have evolved significantly since 2007. The PECA 2016 Act is the primary legislation, but it remains under debate for balance between security and civil liberties.
