Cyber terrorists to be jailed for 14 years
NA passes PECB despite criticism from opposition, rights activists
NA passes PECB despite criticism from opposition, rights activists. PHOTO: AFP
ISLAMABAD:
The National Assembly on Thursday passed the controversial cybercrime bill through a majority vote that prescribes a maximum penalty of 14 years in jail and Rs5 million in fine for cyber-terrorism.
However, activists and opposition lawmakers criticised the Pakistan Electronic Crimes Bill, 2015 as repressive which curbs free speech and violates fundamental human rights protected under the Constitution.
Pakistan Peoples Party (PPP), Pakistan Tehreek-e-Insaf PTI) and the Muttahida Qaumi Movement (MQM) put up stiff resistance to the bill.
NA approves controversial cybercrime bill
PTI’s Shah Mahmood Qureshi even made one last attempt to stop its passage, urging the minister of information technology not to rush the legislation, instead engage the opposition to secure unanimous approval.
However, the government used its superior numbers in the house to pass the bill through a voice vote.
It will now be sent to President Mamnoon Hussain to be signed into law.
Severe penalties
With sweeping language and a broad scope, the law criminalises cyber terrorism, electronic fraud, exaggeration of forgery, hate speech, child pornography, hacking as well as interfering with data and information system (DOS and DDOS attacks), electronic fraud, cyber-stalking, phishing and spamming.
“All offences under this Act, except the offences under sections 10 [cyber terrorism], 19 [offences against modesty of a natural person and minor] and 19A [child pornography] and abetment thereof, shall be non-cognizable, bailable and compoundable,” reads Section 40 of the bill.
Cybercrime bill: Social activists voice concern over NA's decision
The bill sets a prison term of up to 14 years and Rs5 million in fines for cyber terrorism. Further, a term of up to seven years has been set for terror financing through the internet. The bill also prescribes a penalty of up to seven years in jail or fine for preparing or disseminating material which causes inter-faith, sectarian or racial hatred.
Child pornography online has been made a non-bailable offence and carries a prison term of up to seven years and Rs5 million in fine.
The bill will also apply on people who are engaged in anti-state activities online in other countries with Illegal use of internet data and tampering mobile phones will carry penalties of up to three years in jail and Rs1 million in fine.
The law also prescribes a prison term of up to three years and a fine of Rs1 million for cyber stalking.
Spamming will be punished with a fine which may extend to Rs1 million. Spoofing, shall be punished with imprisonment for a term of up to three years or with Rs500,000 in fine.
The law allows for cooperating with foreign governments and international organisations through a designated agency to investigate or to collect evidence for offences.
A special court will be set up in consultation with High Court to hear cases under the act. This court will also accept electronic gadgets as evidence.
The law grants powers to the Pakistan Telecommunication Authority (PAT) to “remove or block or issue directions for removal or blocking of access” of any content on the internet that it considers “necessary in the interest of the 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.”
What makes the Cybercrime bill atrocious is the intent behind it
This section, activists say, can be misused by authorities to clamp down on dissent and curb speech.
Minister defends bill
During the debate on the bill, IT Minister Anusha Rehman defended the bill, saying that “We have built in safeguards against misuse.”
“It is not as sweeping as it has been made out to be -- for most offences, the government will still need to go to court to get a warrant against offenders,” adding the only exceptions were child pornography and cyber-terrorism.
PPP’s Syed Naveed Qamar called the bill a draconian law.
“It is certain that the draft will not stand up to scrutiny of the court of law,” he added.
The bill was first introduced in the National Assembly in January 2015, shortly after the National Action Plan was introduced in the aftermath of the Taliban attack on the Army Public School in Peshawar. It remained in the National Assembly for over a year before being sent to the Senate. After deliberations there with around 50 amendments brought, it was passed on July 29, 2016 and sent back to the lower house for a vote.
Published in The Express Tribune, August 12th, 2016.
The National Assembly on Thursday passed the controversial cybercrime bill through a majority vote that prescribes a maximum penalty of 14 years in jail and Rs5 million in fine for cyber-terrorism.
However, activists and opposition lawmakers criticised the Pakistan Electronic Crimes Bill, 2015 as repressive which curbs free speech and violates fundamental human rights protected under the Constitution.
Pakistan Peoples Party (PPP), Pakistan Tehreek-e-Insaf PTI) and the Muttahida Qaumi Movement (MQM) put up stiff resistance to the bill.
NA approves controversial cybercrime bill
PTI’s Shah Mahmood Qureshi even made one last attempt to stop its passage, urging the minister of information technology not to rush the legislation, instead engage the opposition to secure unanimous approval.
However, the government used its superior numbers in the house to pass the bill through a voice vote.
It will now be sent to President Mamnoon Hussain to be signed into law.
Severe penalties
With sweeping language and a broad scope, the law criminalises cyber terrorism, electronic fraud, exaggeration of forgery, hate speech, child pornography, hacking as well as interfering with data and information system (DOS and DDOS attacks), electronic fraud, cyber-stalking, phishing and spamming.
“All offences under this Act, except the offences under sections 10 [cyber terrorism], 19 [offences against modesty of a natural person and minor] and 19A [child pornography] and abetment thereof, shall be non-cognizable, bailable and compoundable,” reads Section 40 of the bill.
Cybercrime bill: Social activists voice concern over NA's decision
The bill sets a prison term of up to 14 years and Rs5 million in fines for cyber terrorism. Further, a term of up to seven years has been set for terror financing through the internet. The bill also prescribes a penalty of up to seven years in jail or fine for preparing or disseminating material which causes inter-faith, sectarian or racial hatred.
Child pornography online has been made a non-bailable offence and carries a prison term of up to seven years and Rs5 million in fine.
The bill will also apply on people who are engaged in anti-state activities online in other countries with Illegal use of internet data and tampering mobile phones will carry penalties of up to three years in jail and Rs1 million in fine.
The law also prescribes a prison term of up to three years and a fine of Rs1 million for cyber stalking.
Spamming will be punished with a fine which may extend to Rs1 million. Spoofing, shall be punished with imprisonment for a term of up to three years or with Rs500,000 in fine.
The law allows for cooperating with foreign governments and international organisations through a designated agency to investigate or to collect evidence for offences.
A special court will be set up in consultation with High Court to hear cases under the act. This court will also accept electronic gadgets as evidence.
The law grants powers to the Pakistan Telecommunication Authority (PAT) to “remove or block or issue directions for removal or blocking of access” of any content on the internet that it considers “necessary in the interest of the 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.”
What makes the Cybercrime bill atrocious is the intent behind it
This section, activists say, can be misused by authorities to clamp down on dissent and curb speech.
Minister defends bill
During the debate on the bill, IT Minister Anusha Rehman defended the bill, saying that “We have built in safeguards against misuse.”
“It is not as sweeping as it has been made out to be -- for most offences, the government will still need to go to court to get a warrant against offenders,” adding the only exceptions were child pornography and cyber-terrorism.
PPP’s Syed Naveed Qamar called the bill a draconian law.
“It is certain that the draft will not stand up to scrutiny of the court of law,” he added.
The bill was first introduced in the National Assembly in January 2015, shortly after the National Action Plan was introduced in the aftermath of the Taliban attack on the Army Public School in Peshawar. It remained in the National Assembly for over a year before being sent to the Senate. After deliberations there with around 50 amendments brought, it was passed on July 29, 2016 and sent back to the lower house for a vote.
Published in The Express Tribune, August 12th, 2016.