CYRILLA: Global Digital Rights Law

CYRILLA: Global Digital Rights Law

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CYRILLA: Global Digital Rights Law
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Prevention of Electronic Crimes Act, 2016 (Act no. 40 of 2016)

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9. Glorification of an offence.7
This section criminalizes the preparation or dissemination of information through any information system or device "with the intent to glorify an offence relating to terrorism, or any person convicted of a crime relating to terrorism, or activities of proscribed organizations or individuals or groups". 7
10. Cyber terrorism.7
This section defines the offence of Cyber Terrorism which is the commission of specific offenses with the intent to (a) coerce, intimidate, create a sense of fear, panic or insecurity in the Government, public or community or create a sense of fear or insecurity in society; or (b) advance interfaith, sectarian or ethnic hatred; or (c) advance the objectives of organizations or individuals or groups proscribed under the law. 7
11. Hate speech8
This section deals with hate speech online and criminalises information "that advances or is likely to advance interfaith, sectarian or radical hatred". The prescribed punishment is imprisonment of upto 7 years and/or a fine. This provision uses vague language and does not directly define hate speech. 8
12. Recruitment, funding and planning of terrorism.8
This provision criminalises preparation or dissemination of “information, through any information system or device that invites or motivates to fund, or recruits people for terrorism or plans for terrorism.”8
20. Offences against dignity of a natural person9
"This section deals with offences against the dignity of a natural person and criminalizes the intentional public exhibition, display or transmission of information which is known ""to be false, and intimidates or harms the reputation or privacy of a natural person."" It does not apply to content aired by broadcast media or a distribution service licensed under the Pakistani Electronic Media Regulatory Authority Ordinance, 2002. "9
21. Offences against modesty of a natural person and minor.9
This section deals with offences against modesty of a natural person and minor. It punishes intentional public exhibition, display or transmission of any information which (a) superimposes a photo of any person's face over a sexually explicit image or video; (b) includes an image or video of a person engaging in sexually explicit conduct; (c) intimidates a person which a sexual act or sexually explicit video or image or (d) cultivates, entices or induces a person to engage in a sexually explicit act if such acts are done in order to "harm a natural person or his reputation, or to take revenge, or to create hatred or to blackmail". 9
22. Child pornography.10
This section deals with child pornography. It makes it a criminal offence to intentionally produce, offer, distribute, transmit, procure, or possess without lawful justification any material which visually depicts a minor (or a person appearing to be a minor) engaged in sexually explicit conduct; or realistic images representing a minor engaging in sexually explicit conduct. It also makes it an offence to disclose the identity of such minors. The punishment prescribed is imprisonment upto seven years, or a fine upto five million rupees or both. 10
32. Retention of traffic data.13
This section requires service providers to retain their specified traffic data for a minimum period of one year or such period notified by the Pakistan Telecommunication Authority. 13
37. Unlawful online content16
This section grants the Pakistan Telecommunication Authority the power to remove or block or issue directions for removal or blocking of access to information through an information system if necessary "in the interest of glory of Islam or the integrity security or defence of Pakistan or any part thereof, public order, decency or morality or in relation to contempt of court or commission of or incitement to an offence under this Act". This section grants broad and overarching power to an executive body to block and remove online content without providing for sufficient safeguards. 16
38. Limitation of liability of service providers.17
This section deals with intermediary liability. It limits civil or criminal liability for service providers for content posted by users, unless it is proven that the service provider had “specific actual knowledge and willful intent to proactively and positively participate” in crimes committed under the Prevention of Electronic Crimes Act. 17
39. Realtime collection and recording of information.18
This section deals with real-time collection and recording of information and allows for real time surveillance if there are reasonable grounds to believe that the content of any information is reasonably required for any criminal investigation; and if the permission of a Court is obtained. 18

Prevention of Electronic Crimes Act, 2016 (Act no. 40 of 2016)

Law

Status of Law: Final/Active/Current

Country

Pakistan

Country Location

Latitude: 30.50420402694667

Longitude: 71.31445294618544

Country Location (Lié Law): Pakistan

Keywords

Cybercrime
Freedom of Expression
Intermediary Liability

Adoption Date: 22 août 2016

Type of Law: Primary (this category will be deleted)

Research Category: III Governance of Online and Networked Spaces

Is this the Official Copy?: Yes

Source Name and URL: Government of Pakistan - Ministry of Law and Justice

Related Law (self)

Constitution of the Islamic Republic of Pakistan
Pakistan Penal Code, 1860 (Act no. 45 of 1860)
Pakistan Telecommunication (Re-organization) Act, 1996 (Act no. 17 of 1996)
Prevention of Electronic Crimes Act, 2016 (Act no. 40 of 2016)
The Investigation for Fair Trial Act, 2013 (Act no. 1 of 2013)

Related Case Law

Bolo Bhi v. Federation of Pakistan
Muhamad Ayoub v. Federation of Pakistan

Collection

APC

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administrator6a061efe0ed5bd153fa8b79b8eb4cba7.pdf
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Muhamad Ayoub v. Federation of Pakistan

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Bolo Bhi v. Federation of Pakistan

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Muhamad Ayoub v. Federation of Pakistan

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