What is the cyber crime law act? What punsihment is given to cyber-criminals? What does law say about cyber crime?
A cyber crime is a crime that takes place electronically, through system information and devices or via internet. As it is a crime that effects an individual, a group of people or the economy, it is thereby punishable. Cyber crime can have effects greater than ordinary crime and countries across the globe are facing the hazards of these crimes. Pakistan Cyber Crime law has been made to fight this increasing crime.
Cyber crimes in Pakistan
Pakistan, which is also among the countries which are exposed to Cyber crimes, has issued laws for the electronically driven crimes.
2018 was the year which recorded highest cyber crime rates in Pakistan. According to Federal Investigating Agency, FIA, its cybercrime circle conducted 2,295 inquiries, registered 255 cases and made 209 arrests.
On August 11, 2016, the Prevention of Electronic Crimes Act (PECA) was passed by the National Assembly of Pakistan. PECA is what currently defines a list of cybercrimes being recognized by Pakistani laws and also state their punishment.
This article, thereby has been extracted from PECA, published by Gazette of Pakistan. Here are the complete details of Pakistan Cyber Crime Law:
List of Crimes and Punishment according to Pakistan Cyber Crime Law
1. Spread of wrong/false Information
Definition
Intentional spread of information that is known to be wrong or the public display of false information through information system that tends to harm Reputation, privacy and integrity of an individual, people or organization.
Punishment
Imprisonment that can extend over 3 years, a fine extending to 1 million rupees or both.
Example: Using social media to spread a false information to hurt reputation of a person/organization.
2. Making / Spreading Explicit Images or Videos of an Individual
Definition
- Intentional spread/making of content that contains a face/photograph of a victim over a sexually explicit image/video or information.
- Add a photograph/video of a person which is sensational in nature.
- Threatening/blackmailing the person over the sexually explicit video/photograph.
- Exploiting the person through video or picture that is sexually explicit.
Punishment
Imprisonment that can extend over 5 years, a fine extending to 5 million rupees or both.
Example: making a sexually explicit video/photo in private for the purpose of exploiting them or blackmailing them. Photo-shopping a picture to make it sensational. For instance adding face of the victim to a nude photo.
3. Making / Spreading Explicit Images or Videos of Minor
Definition
- Intentional spread/making of content that contains a face/photograph of a minor over a sexually explicit image/video or information.
- Add a photograph/video of a minor which is sensational in nature.
- Threatening/blackmailing the minor over the sexually explicit video/photograph.
Punishment
Imprisonment that can extend over 7 years, a fine extending to 5 million rupees or both.
Example: Photo-shopping a video/photo of a minor in a manner that it becomes sensational and putting up on social media or using it to blackmail the minor or his family.
4. Child Pornography
Definition
Intentionally producing, making, distributing, spreading or transmitting content through information system, without justification. To have in possession a material that shows a minor engaged in sexual activity and sexual conduct. It can also include the photographs of a minor that are showing them involved in a sexually explicit conduct.
Punishment
Imprisonment that can extend over 7 years, a fine extending to 5 million rupees or both.
5. Cyber stalking
Definition
Trying to get into contact/relationship through online mediums with another person while they refuse over it is a crime that falls under the category of Cyber stalking. The online mediums are internet, websites, Phone, SMS, emails and others.
Punishment
Imprisonment that can extend over 3 years, a fine extending to 1 million rupee or both.
Examples: Calling and sending SMS to others when they have shown clear disinterest and asked you to stop.
6. Hacking Email / phone for Stalking Purposes
Definition
Hacking mails, electronically owned accounts or phone for the purpose of spying/monitoring/stalking is a cybercrime.
Punishment
Imprisonment that can extend over 3 years, a fine extending to 1 million rupees or both.
Example: Hacking a Facebook account to monitor other person.
7. Making Videos/Pictures and Distributing without Consent
Definition
Taking Photograph or making a video of a person without their consent is a crime. Such a photograph or video which is harming a victim in any manner falls under cybercrime jurisdiction.
Punishment
Imprisonment that can extend over 3 years, a fine extending to 1 million rupee or both.
Example: Taking a photograph of another person and sharing it to harm reputation or causing pain to other.
8. Cyber Stalking of a Minor
Definition
- To stalk a minor by hacking their mails, phones or personal accounts
- Contacting Minor to harass them
- Photographing/filming them to blackmail them
- Distributing their photographs and pictures without their consent
- Spying on them
Punishment
Imprisonment that can extend over 5 years and fine extending to 10 million rupee.
9. Hate speech
Definition
Preparing/distributing an information through information system or device that is known to trigger or triggers inter-faith, sectarian or racial hatred.
Punishment
Imprisonment that can extend over 7 years, a fine or both.
Examples: uploading a video on Facebook against the Christians of your community so that people would hate them.
10. Spamming
Definition
- Send spam emails/SMS without permission of receiver
- Send emails that so not exhibit unsubscribe options
- Send emails which are harmful, fraudulent, misleading and illegal
Punishment
Imprisonment that can extend over 3 months, a fine extending to 5 million rupee or both.
11. Spoofing
Definition
Establishing a website with dishonest intentions or sending an information to other via a counterfeit source so that the receiver would deem it to be true is known as Spoofing.
Punishment
Imprisonment that can extend over 3 years, a fine extending to 500,000 rupees or both.
12. Malicious Code
Definition
Writing, offering, making available, distributing or transmitting a malicious code so that it can cause harm at the other end. Harm could be to the system information, data resulting in the corruption, destruction, alteration suppression, theft or loss of the information system or data.
Punishment
Imprisonment that can extend over 2 years, a fine extending to 1 million rupee or both.
Examples: Developing a virus, develop an application that could transmit virus.
13. Unauthorized Access to Information System or Data
Definition
Accessing data or system information with evil/ dishonest intentions.
Example: Gaining unauthorized access to someone’s laptop or computer so that they could use the information for blackmailing them.
Punishment
Imprisonment that can extend over 3 months, a fine extending to 50,000 rupee or both.
14. Unauthorized copying or transmission of Data
Definition
Copying or transmitting data of other without the consent of data holder with dishonest intentions.
Punishment
Imprisonment that can extend over 6 months, a fine extending to Rs.100, 000 or both.
Examples: Copying the data of someone to your flash-drive without them knowing and gaining access to their project.
15. Interference with information system or data
Definition
Interfering into the Information system or data with dishonest intentions or destroying it completely/partially, damaging it or changing it.
Punishment
Imprisonment that can extend over 2 years, a fine extending to Rs. 500,000 or both.
Example: gaining an access to a website and altering its content.
16. Unauthorized access to critical infrastructure information system or data
Definition
Gaining access to critical infrastructures such as assets, facilities, systems, networks with impure intentions. Infrastructures that are designed by Government and officials which are sensitive in nature.
Punishment
Imprisonment that can extend over 3 years, a fine extending to 1 million rupees or both.
Example: hacking NADRA, ISPR or a healthcare website for gaining access to knowledge which is confidential.
17. Unauthorized copying or transmission of critical infrastructure data
Definition
Unauthorized copying or transmission of data which belongs to the critical and authorized infrastructure or personalities. Such an information system includes assets, facilities, systems and networks. Such an act has an effect on the availability, integrity or delivery of essential services — including those services, whose integrity, if compromised, could result in significant loss of life, loss to economy, major impact on society, impact on national security, national defense, or the functioning of the state. These infrastructures also include those held by Government.
Punishment
Imprisonment that can extend over 5 years, a fine extending to 5 million rupee or both.
Example: stealing data from NADRA’S website or Pakistan stock exchange.
18. Interference with critical infrastructure information system or data
Definition
Damaging partially or completely critical information from an information system that is critical in nature. Such an information system includes assets, facilities, systems and networks. Such an act has an effect on the availability, integrity or delivery of essential services — including those services, whose integrity, if compromised, could result in significant loss of life, loss to economy, major impact on society, impact on national security, national defense, or the functioning of the state. These infrastructures also include those held by Government.
Punishment
Imprisonment that can extend over 7 years, a fine extending to 10 million rupees or both. Or any infrastructure that is designated by Government of Pakistan as critical
Examples: hacking Pak Army website and using critical information.
19. Glorification of an offence
Definition
An act of glorifying an offense by spreading the information of that offense through information systems. The intention is to glorify terrorism, crime, criminal or unlawful acts.
Punishment
Imprisonment that can extend over 7 years, a fine extending to 10 million rupees or both.
Example: sharing a video that tends to promote terrorist activities by glorifying an act of suicidal attempt at mosque.
20. Cyber terrorism
Definition: Accessing, copying or destroying any critical information system with an intention of creating fear, panic or security threat in:
- Government
- Public
- Community
- Sect
- Society
Punishment
Imprisonment that can extend over 14 years, a fine extending to 50 million rupees or both.
Example: Gaining access to a website/channel to broadcast a threat.
21. Online Recruitment, Funding of Terrorism
Definition
Preparing or distributing information through information system that is intended to raise funds or recruit people for terrorism.
Punishment
Imprisonment that can extend over 7 years, a fine or both.
Example: running an account that promotes terror activities and using that account to raise funds for terrorism.
22. Electronic forgery
Definition
Interference with the information system to cause reputational or financial damage to public or property, to make illegal claim over a property, enter into a contract, and commit fraud by: alteration, deletion, or suppression of data, resulting in unauthentic data.
Punishment
Imprisonment that can extend over 3 years, a fine extending to Rs. 250,000 or both.
Examples: Changing a contract to get illegal and unlawful gains.
23. Electronic forgery of Critical Infrastructure
Definition
An electronic forgery that is done towards a critical infrastructure.
Punishment
Imprisonment that can extend over 7 years, a fine extending to 5 million rupees or both.
Examples: Electronically changing a contract.
24. Electronic fraud
Definition
To wrongfully interfere or use any information system, device or data or induces any person to enter into a relationship or deceives any person.
Punishment
Imprisonment extending to 2 years, a fine extending to Rs.10 million or both.
25. Making, obtaining, or supplying device for use in offence
Definition
Production, generation, adaption, exportation, supplying, offering to supply or import useful data from an information system/device with the intention to be used, believing it to be used or assisting in a criminal offense.
Punishment
Imprisonment that can extend over 6 months, a fine extending to Rs.50, 000 or both
Example: development of a software to hack a website
26. Unauthorized use of identity information
Definition
To obtain, sell, possess, transmit, or use the identity information of another person through illegal means and without authorization.
Punishment
Imprisonment that can extend over 3 years, a fine extending to 5 million rupees or both.
Example: Using email ID of someone and dealing with others.
27.Unauthorized issuance of SIM cards
Definition
To sell or provide a SIM card without verification that has been prescribed but PTA.
Punishment
Imprisonment that can extend over 3 years, a fine extending to Rs.500, 000 or both.
Example: selling a SIM card to someone without verifying his identity.
28. Tampering of communication equipment
Definition
Unlawful and unauthorized changes, alteration, tampering or re-programing of a communication equipment and using it or marketing it to send and receive information.
Punishment
Imprisonment that can extend over 3 years, a fine extending to 1 million rupees or both.
