Status
Passed
Passage Date
8/18/2016
The Prevention of Electronic Crimes Act, 2016, is a comprehensive legislation designed to combat cybercrime in Pakistan. It establishes legal frameworks for the prevention, investigation, prosecution, and international cooperation regarding electronic crimes. The Act covers a wide range of offenses, including unauthorized access to information systems, data theft, cyber terrorism, hate speech, and various forms of cyber harassment and fraud. It also introduces specific crimes related to critical infrastructure and child pornography, among others.
Key provisions include the establishment of the Social Media Protection and Regulatory Authority, responsible for regulating online content and handling complaints against fake information. The Act also outlines procedures for the enlistment of social media platforms, the establishment of Social Media Protection Tribunals for adjudication, and the creation of a dedicated investigation agency for electronic crimes.
Offenses under the Act range from unauthorized data access and cyber terrorism to electronic forgery, fraud, and offenses against the dignity of natural persons. It specifies punishments, which include fines and imprisonment, varying according to the severity of the crime.
The Act grants investigative powers for data preservation, real-time collection, and forensic analysis, ensuring that electronic evidence is admissible in court. It also provides for victim and witness protection, including in-camera trials for sensitive cases.
Furthermore, the Act allows for international cooperation in combating electronic crimes and mandates the creation of computer emergency response teams for critical infrastructure protection. It ensures that service providers are not held liable for content transmitted through their services without specific knowledge and intent.
In summary, The Prevention of Electronic Crimes Act, 2016, represents Pakistan's effort to address the challenges posed by cybercrime, ensuring the protection of its citizens and infrastructure in the digital age while balancing the need for freedom of expression and information.