Cyber Crime Bill: What to expect?

Cybercrime is a fast-growing area of crime. More and more criminals are exploiting the speed, convenience and anonymity of the Internet to commit a diverse range of criminal activities that know no borders, either physical or virtual.

Cyber crime bill is for the prevention of electronic crimes. This bill is presented to the Parliament of Pakistan and it is still on discussion. Cyber crime is major issue of this country, and I wonder why this bill has not been approved yet.

After in-depth study of this bill, it seems that this bill will only strengthen virtual moral policing in the country by authorities instead of eliminating Internet crime in Pakistan.

The bill is lengthy and full of legal jargon. It seems that they have gone through cyber law books, archaic laws in Western world and then have combine it with the religious restrictions and social taboos of this country. This is what this new Prevention of Electronic Crimes Bill 2015 is all about.

These are five main points from summary of this new bill:

1) It will be a crime to send text messages or photos to anyone’s email address or phone without the recipient’s consent.

2) The police or FIA or any other agency won’t need a warrant to search, seize or make arrests.

Under sections 17 and 18 of the new bill, the political criticism and political expression in the form of analysis, commentary, blogs, cartoons, caricatures and memes has been criminalized. Authorities will decide what is moral and what is immoral.

3) Under section 31, government can block or remove access to any website or online source if it deems it inappropriate.

4) Under section 26, the ISPs, restaurants, malls, hotels, offices, airports, bus stations and anywhere with Internet facility will be required to hold data record for 3 months.

5) IT industry and the online social media users are terming the bill as senseless, brutal, punitive, arbitrary, and utterly far from reality.

According to my opinion, this bill is not in favor of human rights; establishment should leave something for the public. It is basic human rights for the public to express their ideas. It is just portraying democratic dictatorship.

In the constitution of Pakistan, article 19 gives us the freedom of speech and expression, however this article is not giving us truly freedom but comparing it to cyber crime bill it is much more to appreciate of. It is not just a bill, it’s a kill bill. This bill is killing the rights of citizens of Pakistan. 

“This [Cyber Crime] bill looks to curb freedom of speech—look at section 34 of this bill, it gives unfettered power to Pakistan Telecommunication Authority (PTA) and Federal Investigation Agency (FIA) —we will oppose this legislation (on the assembly floor) if our recommendations not incorporated,” said Pakistan Peoples Party (PPP) MNA Shazia Marri.

I do not understand; how can debate or discussing politics could be act as a crime. The focus should be on protecting citizens, not restricting them. Muhammad Aftab Alam, a lawyer and expert on media law said, “My apprehension is that the bill will get through the National Assembly. However, even if the assembly approves it, once the bill reaches Senate, it may be stopped by political parties, aside from the PML-N.”

Islamabad-based lawyer, Babar Sattar has own opinion on this; he believes consensus will have to be developed in the senate in order for the bill to be passed and even if it passes, the courts can take judicial review of laws to the extent that any provision can be struck down if it is in breach of the Constitution. If the law is overbroad and infringes on fundamental rights, any individual can provide evidence to being the process of judicial review. Let’s hope it doesn’t get passed.”