Since we have obtained the passed copy of Pakistan’s Cyber Crime Law, we now have more information on what exactly are the cyber crimes in Pakistan and their corresponding punishments according to Pakistani laws.
We will run through the list one by one with some explanation about the crimes and possible punishments.
Not to mention, the examples or scenarios discussed along side the offenses are only for references and may not be taken into consideration for legal matters. These examples are shared after consultation with legal officials, however, they can be flawed.
Let’s go through the list now:
Whoever intentionally and publicly displays any information through any information system, which he knows to be false and intimidates or harms the reputation or privacy of a natural person, shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to one million rupees or with both:
Example
Not to mention, this section will not apply where offense is committed by a broadcast media licensed under the Pakistan Electronic Media Regulatory Authority Ordinance, 2002 (XIII of 2002).
Whoever intentionally and publicly exhibits or displays or transmits any information which.
through an information system to harm a natural person or his reputation or to take revenge, or to create hatred or to blackmail, shall be punished with imprisonment for a term which may extend to five years or with line which may extend to five million rupees or with both.
Examples
Whoever intentionally and publicly exhibits or displays or transmits any information which:
through an information system to harm a minor or his/her reputation or to take revenge or to create hatred or to blackmail, shall be punished with imprisonment for a term which may extend to seven years or with line which may extend to five million rupees or with both.
Examples
Whoever intentionally produces, makes available, distributes or transmits through an information system or procures for himself or for another person or without lawful justification possesses material in an information system that visually depicts
shall be punished with imprisonment for a term which may extend to seven years, or with fine which may extend to five million rupees or with both.
If you try to get into a relation with someone online through internet website, email, SMS, phone or any communication tool despite there is disinterest from the other party then you can be jailed for three years or imposed a fine which may extend to one million rupees or with both.
Examples:
If you call, chat with someone and other party has no issues with that then its all cool, nothing to worry about.
If someone monitor a person through mail, text message or any other form of electronic communication then you can be jailed for up to three years and a fine of Rs. 1 Million or both
Example
You take a photograph or make a video of any person and displays or distributes it without his/her consent in a manner that harms a person then you can go behind bars for up to three years and may have to bear a fine of up to Rs. 1 million or both
Example
Note: If you take pictures, videos and they are harmless or distribute it with the consent of other party then its all good.
If victim of the cyber stalking is a minor the punishment may extend to five years or with hue which may extend to ten million rupees or with both.
Cyber stalking offences include:
Whoever prepares or distributes information, through any information system or device that triggers inter-faith, sectarian or racial hatred, shall be punished with imprisonment for a term which may extend to seven years or with fine or with both.
Examples:
Anyone (an individual or an organization) can be fined with up to Rs. 50,000 for the first and three months of jail if they:
Note: Every subsequent offenses (after first time) may increase the fine with multiples of Rs. 50,000 up to Rs. 5 million
Whoever with dishonest intention establishes a website or sends any information with a counterfeit source intended to be believed by the recipient or visitor of the website to he an authentic source commits spoofing.
You can Google around to know more about Spoofing.
Whoever writes, offers, makes available, distributes or transmits malicious code with intent to cause harm to any information system or data resulting in the corruption, destruction, alteration suppression, theft or loss of the information system or data shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to one million rupees or with both.
Examples:
Law says that if you access any information system or data with dishonest intents then you can go to jail for up to three months or be liable to pay a fine up to Rs. 50,000 or both.
It is wondered how the term “dishonest” is going to be defined by the litigators. Even worse, how are they going to establish if any attempt was dishonest or not.
Examples:
Note: These punishments will be applicable if access to information is gained through infringing any security or otherwise.
Whoever with dishonest intention and without authorization copies or otherwise transmits or causes to be transmitted any data shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one hundred thousand rupees or with both.
Examples:
So anything which is not yours, you somehow gain access — through security infringement or otherwise — and you are proven to have copied data or transmitted it, then this section will get activated.
Whoever with dishonest intention interferes with or damages any part or whole of an information system or data shall be punished with imprisonment which may extend to two years or with fine which may extend to five hundred thousand rupees or with both.
Examples:
So anything which is not yours, and you change its data, or access it to take an action which may alter the content of that system or trigger a communication can land you in jail for two years or Rs. 500,000 fine or both.
Unauthorized access to critical infrastructure information system or data: up to 3 Years Prison or up to Rs. 1 Million Fine or both
Whoever with dishonest intention gains unauthorized access to any critical infrastructure information system or data shall be punished with imprisonment which may extend to three years or with fine which may extend to one million rupees or with both.
Definitions:
Examples:
So anything which can cause detrimental damage, financially, socially, economically will be treated under this section
Whoever with dishonest intention and without authorization copies or otherwise transmits or causes to be transmitted any critical infrastructure data shall be punished with imprisonment for a term which may extend to five years, or with fine which may extend to five million rupees or with both.
Definitions:
Examples:
Whoever with dishonest intention interferes with or damages any part or whole of a critical information system, or data shall be punished with imprisonment which may extend to seven years or with fine which may extend to ten million rupees or with both.
Definitions:
Examples:
Whoever prepares or spreads 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 prescribed organizations or individuals or groups shall be punished with imprisonment for a term which may extend to seven years or with fine which may extend to ten million rupees or with both.
Examples:
Cyber terrorism: Up to 14 Years in Prison or up to Rs. 50 Million fine or both
Whoever accesses, copies or destroys any critical information system with an intent to create a sense of fear, panic or insecurity in the Government or the public or a section of the public or community or sect or create a sense of fear or insecurity in society can be punished with imprisonment of either description for a term which may extend to 14 years or that fine which may be extended to 50 million rupees or with both.
Examples:
Whoever prepares or distributes information, through any information system or device that invites or motivates to fund, or recruits people for terrorism or plans for terrorism shall be punished with imprisonment for a term which may extend to seven years or with fine or with both.
Examples:
Whoever interferes with or uses any information system, device or data, with the intent to cause damage or injury to the public or to any person, or to make any illegal claim or title or to cause any person to part with property or to enter into any express or implied contract, or with intent to commit fraud by any input, alteration, deletion, or suppression of data, resulting in unauthentic data with the intent that it be considered or acted upon for legal purposes as if’ it were authentic, regardless of the fact that the data is directly readable and intelligible or not shall he punished with imprisonment of either description for a term which may extend to three years or with line which may extend to two hundred and fifty thousand rupees or with both.
Examples:
If any of electronic forgery is done in relation to critical infrastructure information system or data shall be punished with imprisonment for a term which may extend to seven years or with fine which may extend to five million rupees or with both.
Examples:
Whoever with the intent for wrongful gain interferes with or uses any information system, device or data or induces any person to enter into a relationship or deceives any person, which act or omission is likely to cause damage or harm to that person or any other person shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to ten million rupees or with both.
Examples
Whoever produces, makes, generates, adapts, exports, supplies, offers to supply or imports for use any information system, data or device, with the intent to he used or believing that it is primarily to he used to commit or to assist in the commission of an offence under this Act will be punished with imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees or with both.
Examples
Whoever obtains, sells, possesses, transmits or uses another person’s identity information without authorization shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to five million rupees, or with both.
Examples:
Whoever sells or otherwise provide SIM card without obtaining and verification of the subscriber’s details in a manner that’s not allowed by PTA, will be punished with imprisonment for a term which may extend to three years with or with fine which may extend to five hundred thousand rupees or with both
Examples:
Tampering of communication equipment: Up to 3 Years in Prison or Up to Rs. 1 Million in fine or both
Whoever unlawfully or without authorization changes, alters, tampers with or re-programs any communication equipment including a cellular or wireless handset and starts using or marketing such device for transmitting and receiving information shall be shall be punished with imprisonment which may extend to three years or with fine which may extend to one million rupees or with both.
Example
Whoever with dishonest intention commits unauthorized interception by technical means of
Shall be punished with imprisonment of either description for a term which ma extend to two years or with fine which may extend to five hundred thousand rupees or with both.
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