The Ministry of Information Technology (MoIT) has finalized a draft
proposal to make provision for the prevention of electronic crimes in
the country.
As stated in the draft, the Act is named the Prevention of Electronic Crimes Act, 2014.
Such an Act was definitely required in Pakistan as the use of IT
across the country has grown exponentially in the past few years. Both
businesses and individuals will surely welcome the implementation of
this Act.
Commenting on the Draft the Minister of State for Information
Technology and Telecom Ms. Anusha Rehman stated, “We are going to table a
comprehensive Cyber crime bill before the cabinet which has been
prepared in consultation with all stakeholders over the last 3 years.
International best practices have been taken in to consideration while
drafting it.”
The submission of the Draft to the cabinet is expected this week. The
State Minister chaired a meeting to review the final draft of the bill.
The meeting was also attended by Mr. Akhlaq A. Tarrar, Secretary IT,
Mr. Muhammad Amir Malik, Member (IT), Mr. Yasir Qadir, Member (Telecom)
and representatives from Ministry of law, PTA, FIA and representative of
ISPAK, PASHA and Barrister Zahid Jamil.
It is learned that Barrister Zahid Jamil – and his team – drafted the bill.
Once implemented, Prevention of Electronic Crimes Act, 2014 will help
curb the illegal and unauthorized access to information system. The
abuse and misuse of technology should be addressed under this Cyber
Crimes Law.
According to the draft bill posted on MoIT’s website, the Act will
deal with Illegal access to information system, Illegal access to
program or data, Illegal interference with program or data, Illegal
interference with information system, Cyber terrorism, Electronic
forgery, Electronic fraud, Identity crime, Special protection of women
amongst many other things.
Only the investigation officer of the investigation agency will have the power of arrest.
According to the proposed draft, the Federal Investigation Agency
(FIA) or any other investigating agency May be appointed by the Federal
Government for cases of cyber crime.
The draft bill proposes that ‘The Federal Government may cooperate
with any foreign Government, 27 x 7 network, any foreign agency or any
international agency for the purposes of investigations or proceedings
concerning offences related to information systems, electronic
communication or data.’
The bill further adds that no person whether it is a police officer
or investigation officer, other than an investigating officer of the
special investigation agency, has the authority to investigate the
offence under this Act.
Punishments:
E-Crime bill has suggested following punishments for cyber/E-crimes:
- As per draft regulation, a person accessing an information system –
any device that has processing power, operates electronically and stores
sensitive and private data – without authorization may face
imprisonment for up to six months and a fine of up to Rs. 100,000 or
both. Changing content of information system may result into
imprisonment of up to nine months or a fine of up to Rs. 200,000.
- Unauthorized destruction/deletion of data may result into
imprisonment of up to three years or a fine of up to Rs. 500,000 or
both.
- Accessing an information system to spread panic/fear or if such
access is rated as severe cyber terrorism then punishment can extent to
imprisonment for up to fourteen years or a fine of up to Rs. 50 million
or both.
- Electronic forgery will be punished with imprisonment of up to two years or a fine of up to Rs. 200,000 or both
- If electronic fraud is found and proved then guilty can face an
imprisonment of up to five years or a fine of up to Rs. 10 million or
both.
- If someone is found guilty of posing another person’s identity then
he/she may face imprisonment of three months of a fine of Rs. 50,000 or
both
- Unauthorized interception of private data (for example hacking
emails) can result into imprisonment of two years or a fine up to Rs.
500,000 or both
- Special protection for women: If someone is found publicly spreading
any content (video/pictures/audio) that may harm the reputation of
women then he/she may face imprisonment for one year or a fine up to Rs.
1 million or both
Download Draft E-Crime Bill
For more details on the punishments and scenarios check here the complete draft of the e-crime bill.
Download here (PDF File – 405KB)