Comparison of the versions of PECB
Transcript of Comparison of the versions of PECB
-
8/17/2019 Comparison of the versions of PECB
1/40
PECBComparison – April ’15/ Sept ‘15/ April ‘16
-
8/17/2019 Comparison of the versions of PECB
2/40
Prevention of Electronic Crimes Bill
----- -----
WHEREAS it is expedient to prevent
unauthorized acts with respect toinformation systems and provide forrelated offences as well as mechanisms fortheir investigation, prosecution, trial andinternational cooperation with respectthereof and for matters connectedtherewith or ancillary thereto:
It is hereby enacted as follows:-
April ‘15 September ‘15 April ‘16
-
8/17/2019 Comparison of the versions of PECB
3/40
Chapter 1: Preliminary
e)
“authorisation” means authorisation bylaw or the person empowered to makesuch authorisation under the law.
f.
“authorised officer” means an officer
authorised by the investigation agency
to perform any function on behalf of
the investigation agency under this Act;
e. “authorisation” means authorisation by
law or the person empowered to makesuch authorisation under the law :
Provided that where an informationsystem or data is available for openaccess by the general public, access toor transmission of such informationsystem or data shall be deemed to beauthorized for the purposes of this Act;
f. “authorised officer” means an officer
authorised by the investigation agency
to perform any function on behalf of
the investigation agency under this Act;
e. “authorisation” means authorisation by
law or the person empowered to makesuch authorisation under the law :
Provided that where an informationsystem or data is available for openaccess by the general public, access toor transmission of such informationsystem or data shall be deemed to beauthorized for the purposes of thisAct;
f. “authorized officer” means an officerof the investigation agency authorizedto perform any function on behalf ofthe investigation agency by or underthis Act;
April ‘15 September ‘15 April ‘16
-
8/17/2019 Comparison of the versions of PECB
4/40
Chapter 1: Preliminary
j. “critical infrastructure” includes:
(i)
the infrastructure so vital to the State orother organs of the Constitution such that
its incapacitation disrupts or adversely
affects the national security, economy,
public order, supplies, services, health,
safety or matters incidental or related
thereto or
(ii) any other infrastructure so designated by
the Government as critical infrastructure;
j. “critical infrastructure” includes:
(i)
the infrastructure so vital to the State
or other organs of the Constitution
such that its incapacitation disrupts
or adversely affects the national
security, economy, public order,
supplies, services, health, safety or
matters incidental or related thereto
or
(ii)
any other private or Government
infrastructure so designated by the
Government as critical infrastructure
as per rules prescribed under this
Act;
j. “critical infrastructure” includes__
(i) the infrastructure vital to the
State or other institutions under the
Constitution of the Islamic
Republic of Pakistan whether
physical or virtual such that its
incapacitation disrupts or
adversely affects the national
security, economy, public order,
supplies, services, health, safety or
matters incidental or related
thereto; or
(ii) any other private or
Government infrastructure
designated by the Government as
critical infrastructure as may be
prescribed under this Act;
April ‘15 September ‘15 April ‘16
-
8/17/2019 Comparison of the versions of PECB
5/40
Chapter 1: Preliminary
-------
r. “information” includes text, message, data,
voice, sound, database, video, signals,
software, computer programs, codes
including object code and source code;
------
r. “information” includes text, message,
data, voice, sound, database, video,
signals, software, computer programs,
any form of intelligence as defined
under the Pakistan Telecommunication
(Re-organization) Act, 1996 and codes
including object code and source
code;
p. “dishonest intention” means intention
to cause injury, wrongful gain orwrongful loss or harm to any person or
to create hatred;
s. “information” includes text, message,
data, voice, sound, database, video,
signals, software, computer
programmes, any forms of
intelligence as defined under the
Pakistan Telecommunication (Re-
organization) Act, 1996 (XVII of
1996) and codes including object code
and source code;
April ‘15 September ‘15 April ‘16
-
8/17/2019 Comparison of the versions of PECB
6/40
Chapter 1: Preliminary
-------
x. "offence" means an offence punishable
under this Act except when committed by a
person under seven years of age or by a
person above seven years of age and under
twelve, who has not attained sufficient
maturity of understanding to judge the
nature and consequences of his conduct on
that occasion.;
t. “integrity” means, in relation to an
electronic document, electronic
signature or advanced electronicsignature, the electronic document,
electronic signature or advanced
electronic signature that has not been
tampered with, altered or modified
since a particular point in time;
x. "offence" means an offence punishable
under this Act except when committed
by a person under ten
years of age or
by a person above ten years of age and
under thirteen , who has not attained
sufficient maturity of understanding to
judge the nature and consequences of
his conduct on that occasion.;
t. “integrity” means, in relation to an
electronic document, electronicsignature or advanced electronic
signature, the electronic document,
electronic signature or advanced
electronic signature that has not been
tampered with, altered or modified
since a particular point in time;
y. “offence” means an offence
punishable under this Act except when
committed by a person under ten years
of age or by a person above ten years
of age and under fourteen years of
age, who has not attained sufficient
maturity of understanding to judge the
nature and consequences of his
conduct on that occasion;
April ‘15 September ‘15 April ‘16
-
8/17/2019 Comparison of the versions of PECB
7/40
Chapter 1: Preliminary
y. "service provider" includes a person who:
(iv) provides premises from where orfacilities through which the public in
general may access an information system
and the internet such as cyber cafes;
cc. “unauthorised access” means access to an
information system or data without
authorisation or in violation of the terms
and conditions of the authorisation;
----------
aa. "service provider" includes a person
who:iv. provides premises from where or
facilities through which the public in
general may access the Internet
against payment of charges for the
same;
dd. “unauthorised access”means access to
such information system or data which
is not available for access by general
public, without authorisation or in
violation of the terms and conditions
of the authorisation;
---------
(zc) "service provider" includes a
person who:iv. provides premises from where
or facilities through which the
public in general may access
the Internet against payment
of charges for the same;
(zc) “unauthorized access” means
access to an information system or data
which is not available for access by
general public, without authorization or
in violation of the terms and conditions
of the authorization;
(zg) “unsolicited information” means
the information which is sent for
commercial and marketing purposes
against explicit rejection of the recipientand does not include marketing
authorized under the law.
April ‘15 September ‘15 April ‘16
-
8/17/2019 Comparison of the versions of PECB
8/40
Chapter 1: Preliminary
3.
Unless context provides otherwise, anyother expression used in this Act orrules framed thereunder but not definedin the Act, shall have meaningsassigned to the expression in thePakistan Penal Code, 1860 (XLV of1860), the Code of Criminal Procedure,1898 (V of 1898) and the Qanoon-e-Shahadat Order, 1984 (X of 1984), asthe case may be.
3.
Unless context provides otherwise,any other expression used in this Actor rules framed thereunder but notdefined in the Act, shall havemeanings assigned to the expression inthe Pakistan Penal Code, 1860 "XLVof 1860), the Code of CriminalProcedure, 1898 (V of 1898) and theQanoon-e-Shahadat Order, 1984 (X of1984), as the case may be.
2.
Unless the context providesotherwise, any other expression usedin this Act or rules made thereunder
but not defined in this Act, shall havethe same meanings assigned to theexpressions in the Pakistan PenalCode, 1860 (Act XLV of 1860), theCode of Criminal Procedure, 1898(Act V of 1898) and the Qanoon-e-Shahadat Order, 1984 (P.O.No.X of1984), as the case may be.
April ‘15 September ‘15 April ‘16
-
8/17/2019 Comparison of the versions of PECB
9/40
Chapter 2: Offences and Punishments
3.
Unauthorised access to informations y s t e m o r d a t a . - W h o e v e r
intentionally gains unauthorised access
to any information system or data shall
be punished with imprisonment for a
term which may extend to three months
or with fine up to fifty thousand rupees
or with both.
4. U n a u t h o r i s e d c o p y i n g o r
transmission of data.- Whoever
intentionally and without authorisation
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 up to one hundred thousand
rupees or with both.
3.
Unauthorised access to informations y s t e m o r d a t a . - W h o e v e r
intentionally gains unauthorised access
to any information system or data shall
be punished with imprisonment for a
term which may extend to three
months or with fine up to fifty
thousand rupees or with both.
4. U n a u t h o r i s e d c o p y i n g o r
transmission of data.- Whoever
intentionally and without authorisation
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 up to one hundred thousandrupees or with both.
3.
U n a u t h o r i z e d a c c e s s t oinformation system or data.-Whoever with dishonest intentiongains unauthorized access to anyinformation system or data shall be
punished with imprisonment for aterm which may extend to threemonths or with fine which mayextend to fifty thousand rupees orwith both.
4. U n a u t h o r i z e d c o p y i n g o rtransmission of data.- Whoeverwith dishonest intention and withoutauthorization copies or otherwisetransmits or causes to be transmittedany data shall be punished withimprisonment for a term which mayextend to six months, or with fine
which may extend to one hundredthousand rupees or with both.
April ‘15 September ‘15 April ‘16
-
8/17/2019 Comparison of the versions of PECB
10/40
Chapter 2: Offences and Punishments
5.
Interference with informations y s t e m o r d a t a . - W h o e v e rintentionally interferes with ordamages or causes to be interferedwith or damaged any part or whole ofan information system or data shall be
punished with imprisonment whichmay extend to two years or with fineup to five hundred thousand rupees orwith both.
6. Unauthorised access to criticalinfrastructure information systemor data:- Whoever intentionally gainsunauthorised access to any criticalinfrastructure information system orda ta sha l l be punished wi thimprisonment which may extend tothree years or with fine up to onemillion rupees or with both.
5.
Interference with informations y s t e m o r d a t a . - W h o e v e rintentionally interferes with ordamages or causes to be interferedwith or damaged any part or whole ofan information system or data shall be
punished with imprisonment whichmay extend to two years or with fineup to five hundred thousand rupees orwith both.
6. Unauthorised access to criticalinfrastructure information systemor data:- Whoever intentionally gainsunauthorised access to any criticalinfrastructure information system orda ta sha l l be punished wi thimprisonment which may extend tothree years or with fine up to onemillion rupees or with both.
5. Interference with information
system or data.- Whoever withdishonest intention interferes with or
damages or causes to be interfered
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.
6. Unauthorized access to critical
infrastructure information system
or data.- 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 mayextend to one million rupees or with
both.
April ‘15 September ‘15 April ‘16
-
8/17/2019 Comparison of the versions of PECB
11/40
Chapter 2: Offences and Punishments
7.
U n a u t h o r i s e d c o p y i n g o rt r a n s m i s s i o n o f c r i t i c a linfrastructure data.- Whoever intentionally and without authorisationcopies or otherwise transmits or causesto be transmitted any criticalinfrastructure data shall be punishedwith imprisonment for a term whichmay extend to five years, or with fineup to five million rupees or with both.
7.
U n a u t h o r i s e d c o p y i n g o rt r a n s m i s s i o n o f c r i t i c a linfrastructure data.- Whoever intentionally and without authorisationcopies or otherwise transmits or causesto be transmitted any criticalinfrastructure data shall be punishedwith imprisonment for a term whichmay extend to five years, or with fineup to five million rupees or with both.
7.
U n a u t h o r i z e d c o p y i n g o rt r a n s m i s s i o n o f c r i t i c a linfrastructure data.- Whoever withdishonest intention and withoutauthorization copies or otherwisetransmits or causes to be transmittedany critical infrastructure data shall be
punished with imprisonment for a termwhich may extend to five years, orwith fine which may extend to five
million rupees or with both.
April ‘15 September ‘15 April ‘16
-
8/17/2019 Comparison of the versions of PECB
12/40
Section 9: Glorification of an offence and hate speech
Whoever prepares or disseminatesinformation, through any information
system or device, where the commissionor threat is with the intent to:-
(a)
glorify an offence or the person
accused or convicted of a crime
(b) support terrorism or activities of
proscribed organizations; and
(c)
advance religious, ethnic or sectarian
hatred
shall be punished with imprisonment for a
term which may extend to five years or with
fine up to ten million rupees or with both.
• Explanation: “Glorification” includes
depiction of any form of praise or
celebration in a desirable manner.
Whoever prepares or disseminatesinformation, through any information
system or device, where the commissionor threat is with the intent to:-
(a)
glorify an offence or the person
accused or convicted of a crime and
support terrorism or activities of
proscribed organizations; and
(b) advance religious, ethnic or sectarian
hatred
shall be punished with imprisonment for a
term which may extend to five years or with
fine up to ten million rupees or with both.
• Explanation: “Glorification” includes
depiction of any form of praise or
celebration in a desirable manner.
Whoever prepares or disseminates
information, through any
information system or device, withthe intent to glorify an offence and
the person accused or convicted of a
crime relating to terrorism or
activities of proscribed
organizations shall be punished with
imprisonment for a term which may
extend to five years or with finewhich may extend to ten million
rupees or with both.
Explanation.- “glorification”
includes depiction of any form of
praise or celebration in a desirable
manner.
April ‘15 September ‘15 April ‘16
-
8/17/2019 Comparison of the versions of PECB
13/40
Section 10: Cyber terrorism
Whoever commits or threatens to commit any
of the offences under sections 6, 7, 8 or 9 of
this Act, where the commission or threat is
with the intent to:-
(a) coerce, intimidate, overawe or 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; or
(b) advance religious, ethnic or sectarian
discord,
shall be punished with imprisonment of either
description for a term which may extend to
fourteen years or with fine up to fifty million
rupees or with both.
Whoever commits or threatens to commit
any of the offences under sections 6, 7, 8
or 9 of this Act, where the commission orthreat is with the intent to:-
(a) coerce, intimidate, overawe or 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; or
(b) advance religious, ethnic or sectarian
discord,
shall be punished with imprisonment of
either description for a term which may
extend to fourteen years or with fine up to
fifty million rupees or with both.
Whoever commits or threatens to commit
any of the offences under sections 6, 7, 8
or 9, where the commission or threat iswith the intent to:-
(a) coerce, intimidate, 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; or
(b) advance inter-faith, sectarian or ethnic
hatred,
shall be punished with imprisonment of
either description for a term which may
extend to fourteen years or with fine
which may extend to fifty million rupees
or with both.
April ‘15 September ‘15 April ‘16
ff d f l
-
8/17/2019 Comparison of the versions of PECB
14/40
Section 18: Offences against dignity of natural person
1. Whoever intentionally publicly exhibits or
displays or transmits any false intelligence,
which is likely to harm or intimidate thereputation or privacy of a natural person
shall be punished with imprisonment for a
term which may extend to three years or
with fine up to one million rupees or with
both:
Provided, nothing under this sub-section (1)
shall apply to anything aired by a broadcast
media or distribution service licensed under
Pakistan Electronic Media Regulatory
Authority Ordinance, 2002 (XIII of 2002).
1. Whoever intentionally publicly
exhibits or displays or transmits any
false information, which is likely toharm or intimidate 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 up to one million rupees or
with both:
Provided, nothing under this sub-section
(1) shall apply to anything aired by a
broadcast media or distribution servicelicensed under Pakistan Electronic Media
Regulatory Authority Ordinance, 2002
(XIII of 2002).
1. Whoever intentionally and publicly
exhibits or displays or transmits any
information through any informationsystem, 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:
Provided that nothing under this sub-section shall apply to anything aired by a
broadcast media or distribution service
licensed under the Pakistan Electronic
Media Regulatory Authority Ordinance,
2002 (XIII of 2002).
April ‘15 September ‘15 April ‘16
S i 8 Off i di i f l (C )
-
8/17/2019 Comparison of the versions of PECB
15/40
Section 18: Offences against dignity of natural person (Cont.)
2. Any aggrieved person or his guardian,
where such person is a minor, may apply to
the Authority for passing of such orders forremoval, destruction or blocking access to
such intelligence referred to in sub-section
(1) and the Authority on receipt of such
application, may take such measures as
deemed appropriate for securing,
destroying, blocking access or preventing
transmission of such intelligence.
2. Any aggrieved person or his guardian,
where such person is a minor, may
apply to the Authority for passing ofsuch orders for removal, destruction or
blocking access to such information
referred to in sub-section (1) and the
Author i ty on receipt of such
application, may take such measures
as deemed appropriate for securing,
destroying, blocking access or
preventing transmission of such
information.
2. Any aggrieved person or his guardian,
where such person is a minor, may
apply to the Authority for removal,destruction of or blocking access to
such information referred to in sub-
section (1) and the Authority on
receipt of such application, may pass
such orders as deemed appropriate
including an order for removal,
destruction, preventing transmission of
or blocking access to such information
and the Authority may also direct anyof its licensees to secure such
information including traffic data.
April ‘15 September ‘15 April ‘16
-
8/17/2019 Comparison of the versions of PECB
16/40
Section 19: Offences against modesty of natural person and minor
1. Whoever intentionally and publicly
exhibits or displays or transmits any
intelligence which:-
a) superimposes a photograph of the face of a
natural person over any sexually explicit
image; or
b) distorts the face of a natural person or
includes a photograph or a video of a
natural person in sexually explicit conduct;
or
c) intimidates a natural person with any
sexual act,
shall be punished with imprisonment for a
term which may extend to seven years or
with fine up to five million rupees or both.
1. Whoever intentionally and publicly
exhibits or displays or transmits any
information which:-
a) superimposes a photograph of the face of
a natural person over any sexually explicit
image; or
b) distorts the face of a natural person or
includes a photograph or a video of a
natural person in sexually explicit
conduct; or
c) intimidates a natural person with any
sexual act,
shall be punished with imprisonment for a
term which may extend to seven years or
with fine up to five million rupees or both.
1.
Whoever intentionally and publicly
exhibits or displays or transmits any
information which–
a) superimposes a photograph of the face of a
natural person over any sexually explicit
image or video; or
b) distorts the face of a natural person or
includes a photograph or a video of a natural
person in sexually explicit conduct; or
c) intimidates a natural person with any sexual
act or any sexually explicit image or video
of a natural person; ord) cultivates, entices or induces a natural
person to engage in a sexually explicit act,
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 seven years orwith fine which may extend to five million
rupees or with both.
April ‘15 September ‘15 April ‘16
-
8/17/2019 Comparison of the versions of PECB
17/40
Section 19: Offences against modesty of natural person and minor (Cont.)
2 Whoever commits an offence under sub-
section (2) with respect to a minor shall be
punished with imprisonment for a term
which may extend to ten years, or with fine
up to ten million rupees or with both.
3 Any aggrieved person or his guardian,
where such person is a minor, may apply to
the Authority for passing of such orders for
removal, destruction or blocking access to
such intelligence referred to in sub-section
(1) and (2) and the Authority on receipt of
such application may take such measuresas deemed appropriate for securing,
destroying, blocking access or preventing
transmission of such intelligence.
2. Whoever commits an offence under sub-
section (2) with respect to a minor shall be
punished with imprisonment for a termwhich may extend to ten years, or with
fine up to ten million rupees or with both.
3. Any aggrieved person or his guardian,
where such person is a minor, may apply
to the Authority for passing of such orders
for removal, destruction or blocking
access to such information referred to in
sub-section (1) and (2) and the Authority
on receipt of such application may takesuch measures as deemed appropriate for
securing, destroying, blocking access or
prevent ing t ransmiss ion of such
information.
2. Whoever commits an offence under sub-
section (1) with respect to a minor shall be
punished with imprisonment for a term
which may extend to ten years and with finewhich may extend to ten million rupees:
Provided that in case of a person who has been
previously convicted of an offence under sub-
section (1) with respect to a minor shall be
punished with imprisonment for a term of
fourteen years and with fine.
3. Whoever produces, offers or makes
available, distributes or transmits through an
information system or procures for himselfor for another person or intentionally
possesses material in an information system
that visually depicts–
a) a minor engaged in sexually explicit
conduct;
b) a person appearing to be a minor engaged in
sexually explicit conduct; or
c) realistic images representing a minor
engaged in sexually explicit conduct,
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.
April ‘15 September ‘15 April ‘16
-
8/17/2019 Comparison of the versions of PECB
18/40
Section 19: Offences against modesty of natural person and minor (Cont.)
------ ----
4. Any aggrieved person or his guardian,
where such person is a minor, may
apply to the Authority for removal,destruction of or blocking access tosuch information referred to in sub-
sections (1) and (3) and the Authority,
on receipt of such application, maypass such orders as deemed
appropriate including an order forremoval, destruction, preventing
transmission of or blocking access to
such information and the Authority
may also direct any of its licensees tosecure such information includingtraffic data.
April ‘15 September ‘15 April ‘16
-
8/17/2019 Comparison of the versions of PECB
19/40
Section 21: Cyber Stalking
1. Whoever with the intent to coerce orintimidate or harass any person uses
information system, information systemnetwork, the Internet, website, electronicmail, information or any other similarmeans of communication to:-
(a) communicate obscene, vulgar,
contemptuous, or indecent information;
or
(b) make any suggestion or proposal of an
obscene nature; or
(c)
threaten to commit any illegal orimmoral act; or
(d) take a picture or photograph of any
person and display or distribute without
his consent or knowledge in a manner
that harms a person; or
(e) display or distribute information in a
manner that substantially increases the
risk of harm or violence to any person,commits the offence of cyber stalking.
1. Whoever with the intent to coerce orintimidate or harass any person uses
information system, informationsystem network, the Internet, website,electronic mail, information or anyother similar means of communicationto:-
(a) communicate obscene, vulgar,
contemptuous, or indecent
information; or
(b)
make any suggestion or proposal ofan obscene nature; or
(c)
threaten to commit any illegal or
immoral act; or
(d) take a picture or photograph of any
person and display or distribute
without his consent or knowledge in
a manner that harms a person; or
(e)
display or distribute information in amanner that substantially increases
the risk of harm or violence to any
person, commits the offence of cyber
stalking.
1. A person commits the offence of cyber
stalking who, with the intent to coerce
or intimidate or harass any person,uses information system, information
system network, the Internet, website,
electronic mail or any other similar
means of communication to–
a) follow a person or contacts or attempts
to contact such person to foster
personal interaction repeatedly despite
a clear indication of disinterest by such person;
b) monitor the use by a person of the
Internet, electronic mail, text message
or any other form of electronic
communication;
c) watch or spy upon a person in a
manner that results in fear of violence
or serious alarm or distress, in the
mind of such person; or
d) take a photograph or make a video of
any person and displays or distributes
it without his consent in a manner that
harms a person.
April ‘15 September ‘15 April ‘16
S i C b S lki (C )
-
8/17/2019 Comparison of the versions of PECB
20/40
Section 21: Cyber Stalking (Cont.)
(2) Whoever commits the offence specified insub-section (1) shall be punishable with
imprisonment for a term which may extend totwo year or with fine up to one million rupees,or with both:
Provided that if the victim of the cyber stalkingunder sub-section (1) is a minor the punishment may extend to five years or withfine up to ten million rupees, or with both.
(3) Any aggrieved person may apply to theAuthority for issuance of appropriate orders forremoval or destruction of, or blocking access tosuch information as referred to in sub-section(1) and the Authority upon receipt of suchapplication may take such measures as deemedappropriate for removal or destruction of, or blocking access to, such information.
(2) Whoever commits the offencespecified in sub-section (1) shall be
punishable with imprisonment for a termwhich may extend to one year or with fineup to one million rupees, or with both:
Provided that if the victim of the cyberstalking under sub-section (1) is a minorthe punishment may extend to five yearsor with fine up to ten million rupees, orwith both.
(3) Any aggrieved person may apply to theAuthority for issuance of appropriateorders for removal or destruction of, or
blocking access to such information asreferred to in sub-section (1) and theAuthority upon receipt of such applicationmay take such measures as deemedappropriate for removal or destruction of,or blocking access to, such information.
2. Whoever commits the offencespecified in sub-section (1) shall be
punished with imprisonment for a termwhich may extend to one year or withfine which may extend to one millionrupees or with both:
Provided that if victim of the cyberstalking under sub-section (1) is a minorthe punishment may extend to five yearsor with fine which may extend to tenmillion rupees or with both.
3.
Any aggrieved person or his guardian,where such person is a minor, mayapply to the Authority for removal,destruction of or blocking access tosuch information referred to in sub-section (1) and the Authority, onreceipt of such application, may passsuch orders as deemed appropriateincluding an order for removal,
destruction, preventing transmission ofor blocking access to such informationand the Authority may also direct anyof its licensees to secure suchinformation including traffic data.
April ‘15 September ‘15 April ‘16
S i 22 S i
-
8/17/2019 Comparison of the versions of PECB
21/40
Section 22: Spamming
1. Whoever with intent transmitsharmful, fraudulent, misleading, illegal
or unsolicited information to any person without the express permissionof the recipient, or causes anyinformation system to show any suchinformation commits the offence ofspamming.
Explanation.- “Unsolicited information”does not include:
i.
Marketing authorized under the law;or
ii. Information which has not beenspecifically unsubscribed by therecipient.
2. A person engaged in direct marketingshall provide the option to therecipient of direct marketing tounsubscribe such marketing.
1. Whoever with intent transmitsharmful, fraudulent, misleading, illegal
or unsolicited information to any person without the express permissionof the recipient, or causes anyinformation system to show any suchinformation commits the offence ofspamming.
Explanation.- “Unsolicited information”does not include:
i.
Marketing authorized under the law;or
ii. Information which has not beenspecifically unsubscribed by therecipient.
2. A person engaged in direct marketingshall provide the option to therecipient of direct marketing tounsubscribe such marketing.
1. A person commits the offence ofspamming, who with intent transmitsharmful, fraudulent, misleading, illegalor unsolicited information to any
person without permission of therecipient or who causes anyinformation system to show any suchinformation for wrongful gain.
2. A person including an institution or anorganization engaged in direct
marketing shall provide the option tothe recipient of direct marketing tounsubscribe from such marketing.
3. Whoever commits the offence ofspamming as described in sub- section(1) or engages in direct marketing inviolation of sub-section (2), for thefirst time, shall be punished with finenot exceeding fifty thousand rupees
and for every subsequent violationshall be punished with imprisonmentfor a term which may extend to threemonths or with fine which may extendto one million rupees or with both.
April ‘15 September ‘15 April ‘16
S i 22 S i (C )
-
8/17/2019 Comparison of the versions of PECB
22/40
Section 22: Spamming (Cont.)
3. Whoever commits the offence ofspamming as described in sub-section(1) or engages in direct marketing inviolation of sub-section (2), for thefirst time, shall be punished with finenot exceeding fifty thousand rupeesand for every subsequent violationshall be punished with imprisonmentfor a term which may extend to threemonths or with fine up to one millionrupees or with both.
3. Whoever commits the offence ofspamming as described in sub-section(1) or engages in direct marketing inviolation of sub-section (2), for thefirst time, shall be punished with finenot exceeding fifty thousand rupeesand for every subsequent violationshall be punished with imprisonmentfor a term which may extend to threemonths or with fine up to one millionrupees or with both.
------
April ‘15 September ‘15 April ‘16
S ti 27 P t I ti t
-
8/17/2019 Comparison of the versions of PECB
23/40
Section 27: Power to Investigate
1. Only an authorised officer of theinvestigation agency shall have the
powers to investigate an offence underthis Act.
1.
Only an authorised officer of theinvestigation agency shall have the
powers to investigate an offence underthis Act:
1. Only an authorised officer of theinvestigation agency shall have the
powers to investigate an offence underthis Act:
April ‘15 September ‘15 April ‘16
No warrant, arrest, search, seizure
or other power not provided for in
the Act.
Power to investigate. Power to investigate.
S ti 30 W t f S h d S i
-
8/17/2019 Comparison of the versions of PECB
24/40
Section 30: Warrant for Search and Seizure
1. Upon an application by an authorisedofficer that demonstrates to thesatisfaction of the Court that thereexist reasonable grounds to believethat there may be in a specified placean information system, data, device orother articles that-
a. may reasonably be required for the purpose of a criminal investigation orcriminal proceedings which may bematerial as evidence in proving a
specifically identified offence madeout under this Act; or b. has been acquired by a person as a
result of the commission of an offence,
the Court may issue a warrant which shallauthorise an officer of the investigationagency, with such assistance as may benecessary, to enter the specified place andto search the premises and any
information system, data, device orstorage medium relevant to the offenceidentified in the application and access,seize or similarly secure any informationsystem, data or other articles relevant tothe offence identified in the application.
1. Upon an application by an authorisedofficer... ...offence identified in theapplication.
2. In circumstances involving an offenceunder section 10 of this Act, underwhich a warrant may be issued, butcannot be obtained without affordingopportunity of destruction, alterationor loss of data, information system,device or any other article required forinvestigation, the authorized officer
who shall as far as practicable be aGazetted officer of the investigationagency enter the specified place andsearch the premises and anyinformation system, data, device orarticle relevant to the offence andaccess, seize or similarly secure anyinformation system, data or otherarticles relevant to the offence:
Provided that the authorized officer shallimmediately but not later than twenty fourhours bring to the notice of the Court, thefact of such search or seizure and the courton receipt of such information may passsuch orders as deemed appropriate in thecircumstances of the case.
1. Upon an application by an authorisedofficer... ...offence identified in theapplication.
2. In circumstances involving an offenceunder section 10 of this Act, underwhich a warrant may be issued, butcannot be obtained without affordingopportunity of destruction, alterationor loss of data, information system,device or any other article required forinvestigation, the authorized officer
who shall as far as practicable be aGazetted officer of the investigationagency enter the specified place andsearch the premises and anyinformation system, data, device orarticle relevant to the offence andaccess, seize or similarly secure anyinformation system, data or otherarticles relevant to the offence:
Provided that the authorized officer shallimmediately but not later than twenty fourhours bring to the notice of the Court, thefact of such search or seizure and the courton receipt of such information may passsuch orders as deemed appropriate in thecircumstances of the case.
April ‘15 September ‘15 April ‘16
S ti 31 W t f Di l f C t t D t
-
8/17/2019 Comparison of the versions of PECB
25/40
Section 31: Warrant for Disclosure of Content Data
1. Upon an application by an authorisedofficer that.... .... to the authorizedofficer.
2. The period of a warrant.... .... specified by the Court.
1. Upon an application by an authorisedofficer that.... .... to the authorizedofficer.
2. The period of a warrant.... .... specified by the Court.
1. Upon an application by an authorisedofficer that.... .... to the authorizedofficer.
2. The period of a warrant.... .... specified by the Court.
April ‘15 September ‘15 April ‘16
Warrant for disclosure of
data
Warrant for disclosure of
content data
Warrant for disclosure of
content data
Section 32 Po ers of an A thori ed Officer
-
8/17/2019 Comparison of the versions of PECB
26/40
Section 32: Powers of an Authorized Officer
1. Subject to provisions....
g)
require any person who is in possession of decryption informationof an information system, device ordata under investigation to grant himaccess to such decryption informationnecessary to decrypt data required forthe purpose of investigating any suchoffence:
2. In exercise of the power....
b)
take all precautions to maintainintegrity of the information system anddata in respect of which a warrant forsearch or seizure has been issued;
1. Subject to provisions....
g)
require any person who is in possession of decryption informationof an information system, device ordata under investigation to grant himaccess to such decryption informationnecessary to decrypt data required forthe purpose of investigating any suchoffence:
2.
In exercise of the power....
b)
take all precautions to maintainintegrity of the information system anddata in respect of which a warrant forsearch or seizure has been issued;
1. Subject to provisions....
g) require any person who is in possession of decryption information
of an information system, device ordata under investigation to grant himaccess to such data, device orinformation system in unencrypted ordecrypted intelligible format for the
purpose of investigating any suchoffence.
2. In exercise of the power...
b)
take all precautions to maintainin tegr i ty and secrecy of theinformation system and data in respectof which a warrant for search orseizure has been issued;
4. Where an authorized officer seizes orsecures any data or informationsystem, the authorized officer shallensure that data or information system
while in the possession or in the accessof the authorized officer is not releasedto any other person includingcompetitors or public at large anddetails including log of any action
performed on the information systemor data is maintained in a manner
prescribed under this Act.
April ‘15 September ‘15 April ‘16
Section 33: Dealing with Seized Data or Information System
-
8/17/2019 Comparison of the versions of PECB
27/40
Section 33: Dealing with Seized Data or Information System
The Federal Government may prescribe
rules for search and seizure and dealing
with the information system, data or other
articles searched and seized under this
Act.
The Federal Government may prescribe
rules for search and seizure and dealing
with the information system, data or other
articles searched and seized under this
Act.
1.
If any data or information system has been seized or secured following asearch or seizure under this Act, theauthorized officer who undertook thesearch or seizure shall, at the time ofthe seizure,–
a) make a list of what has been seized orrendered inaccessible, with the dateand time of seizure; and
b)
give a copy of that list to-i.
the occupier of the premises; orii. the owner of the data or
information system; oriii. the person from whose possession
the data or information system has been seized, in a prescribedmanner in the presence of twowitnesses.
2.
The authorized officer, upon anapplication of the owner of the data orinformation system or an authorizedagent of the owner and on payment of
prescribed costs, shall provide forensicimage of the data or informationsystem to the owner or his authorizedagent within a time prescribed underthis Act.
April ‘15 September ‘15 April ‘16
ealing with seized data ealing with seized data ealing with Seized ata or
Information SystemApril ‘16
Section 33: Dealing with Seized Data or Information System (Cont )
-
8/17/2019 Comparison of the versions of PECB
28/40
-------
Section 33: Dealing with Seized Data or Information System (Cont.)
-------3.
If the authorized officer has reasons to believe that providing forensic image of the data or informationsystem to the owner under sub- section (2) may
prejudice–a) the investigation in connection with which the
search was carried out; or b) another ongoing investigation; orc) any criminal proceedings that are pending or that
may be brought in relation to any of those
investigations,the authorized officer shall, within seven days ofreceipt of the application under sub-section (2),approach the Court for seeking an order not to providecopy of the seized data or information system.
4. The Court, upon receipt of an application from anauthorized officer under sub-section (3), may afterrecording reasons in writing pass such order asdeemed appropriate in the circumstances of the
case..
5. The costs associated with the exercise of rightsunder this section shall be borne by the personexercising these rights.
April ‘15 September ‘15 April ‘16
ealing with seized data ealing with seized data ealing with Seized ata or
Information SystemApril ‘16
Section 34: Un Lawful Online Content
-
8/17/2019 Comparison of the versions of PECB
29/40
Section 34: Un-Lawful Online Content
1. The Authority is empowered tomanage intelligence and issuedirections for removal or blocking ofaccess of any intelligence through anyinformation system.The Authority or any officer authorised
by it in this behalf may direct anyservice provider to remove anyinformation or block access to suchinformation, if it considers it necessaryin the interest of the glory of Islam orthe integrity, security or defence ofPakistan or any part thereof, friendlyrelations with foreign states, publicorder, decency or morality, or in
relation to contempt of court orcommission of or incitement to anoffence under this Act.
1. The Authority is empowered tomanage information and issuedirections for removal or blocking ofaccess of any information through anyinformation system.The Authority may direct any service
provider to remove any information or block access to such information, if itconsiders it necessary in the interest ofthe glory of Islam or the integrity,security or defence of Pakistan or any
part thereof, friendly relations withforeign states, public order, decency ormorality, or in relation to contempt ofcourt or commission of or incitement
to an offence under this Act.
1. The Authority shall have the power to
remove or block or issue directions for
removal or blocking of access to any
information through any information
system if it considers it necessary in
the interest of the glory of Islam or theintegrity, 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.
April ‘15 September ‘15 April ‘16
Power to manage intelligence and issue
directions for removal or blocking of
access of any intelligence through any
information system
Power to manage online
information, etc.
Un-lawful online content
Section 34: Un Lawful Online Content (Cont )
-
8/17/2019 Comparison of the versions of PECB
30/40
Section 34: Un-Lawful Online Content (Cont.)
2.
The Authority may prescribe rules for
adoption of standards and procedure to
manage information, block access and
entertain complaints.
3.
Until such procedure and standards are
prescribed, the Authority shall exercise
its powers under this Act or any other
law for the time being in force in
accordance with the directions issued
by the Federal Government not
inconsistent with the provisions of this
Act.
2.
The Authority may prescribe rules for
adoption of standards and procedure to
manage information, block access and
entertain complaints.
3.
Until such procedure and standards are
prescribed, the Authority shall exercise
its powers under this Act or any other
law for the time being in force in
accordance with the directions issued
by the Federal Government not
inconsistent with the provisions of this
Act.
2. The Authority may, with the approvalof the Federal Government, prescriberules for adoption of standards and
procedure for exercise of powersunder sub-section (1).
3. Until such procedure and standards are prescribed under sub- section (2), theAuthority shall exercise its powersunder this Act or any other law for thetime being in force in accordance withthe directions issued by the FederalGovernment not inconsistent with the
provisions of this Act.
April ‘15 September ‘15 April ‘16
Power to manage intelligence and issue
directions for removal or blocking of
access of any intelligence through any
information system
Power to manage online
information, etc.Un-lawful online content
Section 36: Real Time Collection and Recording of Information
-
8/17/2019 Comparison of the versions of PECB
31/40
Section 36: Real-Time Collection and Recording of Information.
5. The application....
e) what measures.... .... part of the
investigation
f) why the investigation.... .... recording
is permitted; and
5. The application....
e) what measures.... .... part of the
investigation
f)
why the investigation.... .... recordingis permitted; and
5. The application....
e) specify what measures.... .... part of
the investigation
f)
explain why the investigation.... ....recording is permitted; and
April ‘15 September ‘15 April ‘16
Section 37: Forensic Laboratory
-
8/17/2019 Comparison of the versions of PECB
32/40
Section 37: Forensic Laboratory
-------
The Federal Government shall establish or
designate a forensic laboratory,
independent of the investigation agency, to
provide expert opinion before the Court or
for the benefit of the investigation agency
in relation to electronic evidence collected
for purposes of investigation and
prosecution of offences under this Act.
The Federal Government shall establish or
designate a forensic laboratory,
independent of the investigation agency, to
provide expert opinion before the Court or
for the benefit of the investigation agency
in relation to electronic evidence collected
for purposes of investigation and
prosecution of offences under this Act.
April ‘15 September ‘15 April ‘16
Section 38: Confidentiality of Information
-
8/17/2019 Comparison of the versions of PECB
33/40
Section 38: Confidentiality of Information
-------------
Any person including a service providerwhile providing services under the terms
of lawful contract or otherwise in
accordance with the law, or an authorized
officer who has secured access to any
material or data containing personal
information about another person,
discloses such material to any other
person, except when required by law,
without the consent of the personconcerned or in breach of lawful contract
with the intent to cause or knowing that he
is likely to cause harm, wrongful loss or
gain to any person or compromise
confidentiality of such material or data,
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.
April ‘15 September ‘15 April ‘16
Section 39: International Cooperation
-
8/17/2019 Comparison of the versions of PECB
34/40
Section 39: International Cooperation
Section 38)5) The Federal Government may refuse
to accede.... .... ongoing investigation
or trial.
Section 38)
5) The Federal Government may refuse
to accede.... .... ongoing investigation
or trial.
Section 39)5) The Federal Government may refuse
to accede.... .... ongoing investigation
or trial or rights of its citizens
guaranteed under the Constitution of
the Islamic Republic of Pakistan.
April ‘15 September ‘15 April ‘16
Section 41: Cognizance and Trial of Offences
-
8/17/2019 Comparison of the versions of PECB
35/40
Section 41: Cognizance and Trial of Offences
Section 40)2) The Federal Government shall, in
consultation with the Chief Justice of
respective High Court, arrange for
special training to be conducted by an
entity notified by the Federal
Government for training on computer
sciences, cyber forensics, electronic
transactions and data protection
Section 40)
2) The Federal Government shall, in
consultation with the Chief Justice of
respective High Court, arrange for
special training to be conducted by an
entity notified by the Federal
Government for training on computer
sciences, cyber forensics, electronic
transactions and data protection
Section 41)2) The Federal Government shall, in
consultation with the Chief Justice of
respective High Court, arrange for
special training of the presiding
officers of the Court to be conducted
by an entity notified by the Federal
Government for training on computer
sciences, cyber forensics, electronic
transactions and data protection.
April ‘15 September ‘15 April ‘16
Section 44: Appeal
-
8/17/2019 Comparison of the versions of PECB
36/40
Section 44: Appeal
Section 43)
An appeal against the final judgment of a
Court shall lie within thirty days from the
date of provision of its certified copy free
of cost.
Section 43)
An appeal against the final judgment of a
Court shall lie within thirty days from the
date of provision of its certified copy free
of cost.
Section 44)An appeal against the final judgment or
order of a Court shall , within thirty days
from the date of provision of its certified
copy free of cost, lie-
a) to the High Court concerned against
such judgment or order if passed by a
court of sessions; or
b)
to the court of sessions concernedagainst such judgment or order if
passed by a magistrate.
April ‘15 September ‘15 April ‘16
Section 46: Computer Emergency Response Teams
-
8/17/2019 Comparison of the versions of PECB
37/40
Section 46: Computer Emergency Response Teams
Section 45)
(1) The Federal Government may
formulate one or more Computer
Emergency Response Teams... ...
information systems in Pakistan.
Section 45)
(1) The Federal Government may
formulate one or more Computer
Emergency Response Teams... ...
information systems in Pakistan.
Section 46)1) The Federal Government may
constitute one or more computer
emergency response teams... ...
information systems in Pakistan.
April ‘15 September ‘15 April ‘16
Section 48: Power to Make Rules
-
8/17/2019 Comparison of the versions of PECB
38/40
Section 48: Power to Make Rules
Section 47) 2)
-----
Section 47) 2)
e)
manner to deal with the seized data,
information system, device or other
articles;
f) working of joint investigation teams;
g) requirements for seeking permission of
the Authority to change, alter or re-
program unique device identifier of
any communication equipment by any
person for research or any other
legitimate purpose;
h) procedure for seeking appropriate
orders of the Authority for removal,
destruction or blocking access to
information under this Act;
Section 48) 2)e) manner to deal with the seized data,
information system, device or other
articles;
f)
working of joint investigation teams;
g) requirements for seeking permission of
the Authority to change, alter or re-
program unique device identifier of
any communication equipment by any
person for research or any other
legitimate purpose;
h) procedure for seeking appropriate
orders of the Authority for removal,
destruction or blocking access to
information under this Act;
April ‘15 September ‘15 April ‘16
Section 48: Power to Make Rules (Cont.)
-
8/17/2019 Comparison of the versions of PECB
39/40
Section 48: Power to Make Rules (Cont.)
Section 47) 2)
l) for management and oversight of the
forensic laboratory;
m) qualifications and trainings of the
officers, experts and staff of the
forensic laboratory;
n) p o w e r s , f u n c t i o n s a n d
responsibilities of the forensic
laboratory, its officers, experts and
staff;
o) standard operating procedures of the
forensic laboratory to interact with
the investigation and prosecution
agency;
l)
for management and oversight of theforensic laboratory;
m) qualifications and trainings of the
officers, experts and staff of the
forensic laboratory;
n) p o w e r s , f u n c t i o n s a n d
responsibilities of the forensic
laboratory, its officers, experts andstaff;
o) standard operating procedures of the
forensic laboratory to interact with
the investigation and prosecution
agency;
April ‘15 September ‘15 April ‘16
Section 51: Savings of Powers
-
8/17/2019 Comparison of the versions of PECB
40/40
Section 51: Savings of Powers
Nothing in this Act shall affect, limit or
prejudice the duly authorized and lawful
powers and functions of the State
institutions performed in good faith.
Nothing in this Act shall affect, limit or
prejudice the duly authorized and lawful
powers and functions of the institutions
controlled by the Federal and Provincial
governments performed in good faith.
Nothing in this Act shall affect, limit or
prejudice the duly authorized and lawful
powers and functions of the institutions
controlled by the Governments exercised
and performed in good faith.
April ‘15 September ‘15 April ‘16