1 Cyber Crime
1 Cyber Crime
[Link]
Abstract
Introduction: An important challenge to Pakistan's legal and law enforcement systems is the
emergence of cybercrime. This study looks at the current weaknesses in the country's
cybercrime legislation and enforcement practices and offers solutions. With cybercrimes
ranging from financial fraud to cyber terrorism on the rise, Pakistan needs to take strong
legislative and enforcement measures. However, the efficacy of the law is hampered by poor
enforcement and interpretation. Research method: This study uses a qualitative research
method to examine cybercrime laws, policies, and their implementation through in-depth
interviews with legal experts, law enforcement officers, and stakeholders. Qualitative analysis
enables a deeper comprehension of the opportunities and challenges in Pakistan's cybercrime
landscape. Data analysis: The analysis reveals several significant legal deficiencies, such as
ambiguous jurisdiction, vague definitions, and insufficient fines. Furthermore, inadequate
technology, a lack of professional expertise, and resource constraints plague enforcement
procedures. Conclusion and Recommendations: To solve these issues, extensive reforms are
ne1eded. Among the suggestions are modifications to the law to provide clearer definitions and
harsher penalties. Other suggestions include boosting public-private partnerships, fostering
international cooperation, and bolstering law enforcement capabilities with improved
equipment and training. By implementing these strategies, Pakistan may lower cyber threats,
safeguard digital infrastructure, and boost confidence in its cybersecurity ecosystem.
Introduction
The spread of technology in the modern digital era has changed the nature of crime and
presented a multitude of difficulties for legal and law enforcement institutions around the globe.
Among these difficulties, cybercrime is particularly noteworthy since it is a persistent and
dynamic threat that cuts across national borders and poses serious threats to people, companies,
and governments alike. Pakistan faces the same challenges as many other countries: how to
preserve its citizens' digital rights and privacy while also thwarting cyber-attacks (Saleem, Jan,
& Areej, 2022)? Computers have radically revolutionized human existence and significantly
improved its ability to be controlled and organized. In contemporary society, both individuals
1
Assistant Professor, Department of Law, Grand Asian University Sialkot, Punjab, Pakistan.
2
Associate Professor, Department of Law, Grand Asian University Sialkot, Punjab, Pakistan.
3
International Islamic university, Islamabad, Pakistan.
4
Lecturer, College of Law, University of Sargodha.
5
Department of Criminology and criminal Justice system, Minhaj University Lahore.
6
Assistant Professor, School of Political Science, Minhaj University Lahore.
1244 Cybercrime Legislation And Enforcement In Pakistan: Assessing Gaps And Solutions
and businesses heavily rely on computers, as they have become a crucial element of our
everyday lives. We start our day with the alarm of our cellular phone, which operates using
computer networking technology. Computers are essential instruments that empower us to
effectively and precisely perform our daily tasks. Computers have become an essential and
integral part of our everyday life, including mobile phones, laptops, and desktops (Anderez,
Kanjo, Amnwar, Johnson, & Lucy, 2021). Cyberspace is a very influential realm where data
and information are processed with remarkable precision and efficiency. Cybercriminals
breach the digital domain and corrupt the data of persons or businesses. Computers are
undeniably employed as instruments to commit illegal crimes. Cybercrime refers to any
unlawful behavior that is conducted using a computer, either as a tool or as the ultimate goal
(Vitus, 2023). Over the last few decades, there has been a surge in the use of automated
technology, big data, the Cloud, and Artificial Intelligence. These advancements have greatly
improved human existence, but they have also introduced novel risks and problems. These
cyberspace-related issues have an impact on online crimes, data privacy, security, and storage.
Handling these new issues is a difficult effort and a serious concern because technological
improvements have also led to increased rivalry in cyberspace as organizations and proxy
players have emerged to further their political and ideological agendas (Al-Khater, Al-
Maadeed, Ahmed, Sadiq, & Khan, 2020).
Cybersecurity has become increasingly significant worldwide due to the ubiquitous use of
computers in many aspects of life. The importance of cybersecurity has grown significantly for
developing countries in the third world, mostly due to the existence of imminent threats and
the inadequate institutional structures already in place. Pakistan serves as a clear example. The
country has enacted cyber security legislation to regulate and mitigate cyber threats and attacks.
However, the effectiveness of these measures is compromised due to a lack of proper execution,
which can be attributed to several factors (Prasad & Rohokale, 2020). Cybercrime is a broad
term frequently used informally to refer to a wide range of criminal activities conducted
through digital means. Cybercrime is the commission of a criminal act using a digital device
and taking place on the internet (Holt, Bossler, & Seigfried-Spellar, 2022).Cybercrime refers
to unlawful behaviors that involve the use of a computer, the internet, advanced technology,
and the virtual environment called cyberspace (Rakhmanova & Pinkevich, 2020). The term
"cybercrime" was introduced in 1995 to expressly refer to criminal activity conducted via
computers. Cybercrime is the act of using a computer to commit illegal activities, either by
directly targeting the computer or by employing a combination of technological tactics.
Another distinguishing feature of this crime is that it does not require the perpetrator to be
physically present at the location of the crime (Engle, 2020). Digital crimes, in contrast to
conventional crimes, necessitate the use of cyberspace to cause harm to an individual or their
possessions. For example, somebody with expertise in hacking can illicitly access a bank
account situated in Pakistan, regardless of their geographical location. Similarly, actions of
software piracy can be executed from a distant site (Wall, 2024).
prevalence of cybercrimes in Pakistan and the corresponding cyber legislation. Despite the
existence of the Prevention of technological Crimes Act, 2016 (PECA), it fails to encompass
numerous modern technological activities. Consequently, Pakistan still faces a substantial
amount of uncontrolled electronic offences (Sabiri & Sabiri, 2023).
This paper attempts to bridge a major research gap by providing a comprehensive analysis of
Pakistan's cybercrime landscape and emphasizing the shortcomings and inadequacies in the
nation's current legislation and enforcement procedures. By carefully analyzing the legal
system, enforcement strategies, and stakeholder perspectives, this study aims to provide light
on Pakistan's problems with combating cybercrime and practical solutions to these problems.
Research Questions
1. What are the main flaws and shortcomings of Pakistan's laws and procedures for
dealing with cybercrime?
2. To what extent do the current laws and policies against cybercrime effectively
counteract the diverse cyber dangers that Pakistan is facing?
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1246 Cybercrime Legislation And Enforcement In Pakistan: Assessing Gaps And Solutions
3. What particular actions may be taken to improve Pakistan's cybersecurity, bolster laws
against cybercrime, and increase enforcement protocols?
This study is critical to Pakistan's legal and law enforcement systems' ability to address the
grave concerns posed by cybercrime. In addition to endangering individual citizens,
cybercrimes are becoming a bigger threat to national security, the US economy, and the
country's standing in the international digital arena. By analyzing the shortcomings in
cybercrime laws and enforcement practices, this paper provides invaluable insights into the
shortcomings limiting effective responses to cyber threats. Furthermore, the study's emphasis
on offering solutions offers policymakers, law enforcement agencies, and other stakeholder’s
helpful guidance meant to strengthen Pakistan's cybersecurity ecosystem. Ultimately,
implementing these ideas might improve public safety, protect digital infrastructure, and
restore trust in the judicial system—all of which would improve the nation's resilience to cyber-
attacks and promote economic growth.
Literature Review
One of the biggest issues in Pakistan's fight against cybercrimes is enforcement. Law
enforcement organizations frequently lack the technological know-how, funding, and training
required to adequately investigate and prosecute cybercrimes. Enforcement operations are
further complicated by problems like jurisdictional ambiguity and the cross-border nature of
cybercrimes (Haq & Zarkoon, 2023). Researchers have found a number of legal flaws in
Pakistan's cybercrime laws, such as imprecise definitions, unclear jurisdiction, and insufficient
sanctions. These flaws make the legal system less effective at handling the complexity of
cybercrimes and bringing those responsible to justice (Jamshed, Rafique, Baig, & Ahmad,
2022). Given the transnational nature of cybercrimes, international cooperation is vital for their
effective combatation. Academics underscore the significance of Pakistan's cooperation with
foreign allies, encompassing the exchange of knowledge, proficiency, and assets to jointly
confront cyber hazards. Improving cybersecurity in Pakistan requires fortifying public-private
partnerships. Information exchange, capacity building, and the creation of cybersecurity
solutions can be facilitated by cooperation between government agencies, businesses, and civil
society organizations (Hadi, 2024).
Enhancing the ability of law enforcement agencies and judicial organizations to investigate and
prosecute cybercrimes requires significant investment. Academics suggest workshops, training
Dr. Mian Muhammad Sheraz et al. 1247
courses, and skill-building projects to improve the technical proficiency of those working in
cybercrime enforcement (Obidimma & Ishiguzo, 2023). It is crucial to educate the public on
cybersecurity threats and appropriate practices. Education programs aimed at people,
companies, and governmental organizations can enable participants to successfully reduce risks
and defend themselves against cybercrimes (Collier, Thomas, Clayton, Hutchings, & Chua,
2022). The mitigation of cyber dangers is significantly aided by technological improvements.
In order to improve Pakistan's cyber resilience, experts stress the significance of investing in
cybersecurity technology such sophisticated threat detection systems, digital forensics tools,
and encryption solutions (Saeed, Altamimi, Alkayyal, Alshehri, & Alabbad, 2023). Pakistan's
cybercrime laws need to be changed in order to close the loopholes and contradictions that now
exist. To make the legal structure more successful in thwarting cyber dangers, it is suggested
to provide more precise definitions, stiffer punishments, and more efficient procedures
(Akhlaq, 2021).
A number of studies have examined particular cybercrime incidences and their consequences
for Pakistan through empirical research and case studies. These studies offer insightful
information about the prospects and difficulties of fighting cybercrimes in the context of the
nation (Akhtar, 2023). Studies that contrast Pakistan's cybercrime laws and enforcement
methods with those of other nations provide insightful insights. These studies point out
potential for improvement and areas where Pakistan can benefit from international best
practices (Bokhari, 2023). After reviewing the literature, academics frequently provide policy
proposals to remedy the gaps in Pakistan's cybercrime laws and enforcement. These
suggestions are meant to give policymakers and practitioners useful information. They are
grounded in theoretical frameworks, empirical data, and comparative assessments (Noor,
2021). A survey of some literature includes an analysis of Pakistan's current methods for
enforcing laws against cybercrime. Academics may point out flaws in the laws and procedures
that are in place now and suggest fresh approaches or creative fixes to solve the issues (A. A.
Khan et al., 2022).
The involvement of international agencies in defining global cybersecurity rules and practices
has a substantial impact, which can be intricate for particular nations such as Pakistan. Pakistan
has experienced a significant increase in cybercrimes in recent years, including incidents such
as data breaches, online fraud, and cyber espionage. Although the causes of these crimes are
complex and have multiple roots, it is important to acknowledge the significant impact of
international bodies. Partnerships with foreign intelligence agencies and multinational
organizations can unintentionally contribute to the spread of cyber dangers in Pakistan's digital
ecosystem (Radoniewicz, 2022).The presence of foreign intelligence agencies in Pakistan's
cybersecurity arena has generated concerns over espionage and the pilferage of data.
Intelligence agencies from many nations often execute advanced cyber espionage operations
targeted at entering key government, military, and corporate networks in Pakistan. These
efforts not only impair the security of a country but also lead to the breakdown of confidence
between nations. Furthermore, the clandestine nature of these operations provides a substantial
barrier for Pakistani authorities in successfully recognizing and resolving cyber threats,
consequently strengthening the country's susceptibility to cybercrimes (Mirza & Akram, 2022).
Multinational corporations (MNCs) exert significant control over Pakistan's digital
infrastructure, but, their objectives may not always coincide with the country's cybersecurity
requirements. Although multinational corporations (MNCs) bring about technology
breakthroughs and economic benefits, their presence can unintentionally add to cyber risks. For
example, the rapid growth of digital services and e-commerce platforms by international
corporations may exceed the local cybersecurity skills, hence generating vulnerabilities that
hackers might take advantage of. In addition, multinational corporations (MNCs) may place a
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higher emphasis on financial gain rather than cybersecurity, resulting in insufficient investment
in strong preventive measures (Anwar et al., 2022).
The literature analysis concludes by offering a thorough summary of the body of knowledge
regarding cybercrime laws and enforcement in Pakistan. It provides insightful information for
next studies and the formulation of policy by highlighting important problems, obstacles, and
opportunities in the context of the nation's fight against cybercrimes.
Research Methodology
This study thoroughly examines Pakistan's cybercrime laws and enforcement procedures using
a qualitative research methodology. Conducting lengthy, in-depth interviews with a wide range
of stakeholders, such as legal experts, law enforcement personnel, government officials, and
cybersecurity professionals, is a necessary step in qualitative analysis. Through these
interviews, valuable insights into the complex aspects of Pakistan's cybercrime scene are
gathered, enabling a more nuanced understanding of the opportunities and problems it faces.
Through careful qualitative data collection through interviews and methodical analysis, this
study aims to identify the underlying flaws in the current frameworks for law enforcement and
legality and develop sound, workable alternatives to deal with them.
Data Analysis
When analyzing Pakistan's cybercrime legislation and enforcement protocols, qualitative
research provides a sound foundation for comprehending the complex issues and possible
resolutions. This study intends to shed light on the current state of cybercrime in Pakistan
through in-depth interviews with important stakeholders, including law experts, law
enforcement personnel, government officials, and cybersecurity professionals. The present data
analysis explores the insights obtained from the qualitative interviews, with a particular
emphasis on finding legislative and enforcement gaps and suggesting workable alternatives.
loopholes, and antiquated provisions in the existing legal system that make it more
difficult for law enforcement to effectively combat cybercrimes. These experts have a
strong background in dissecting the finer points of the law in order to find gaps and
ambiguities that make it more difficult to prosecute and discourage cybercrimes.
Through an examination of the intricacies of the legislation, they want to draw
attention to important domains in need of enhancement, promoting changes that tackle
contemporary cyber risks and conform to global norms. Legislators and policymakers
entrusted with creating and modifying legislation to address the changing demands of
cyberspace find great value in their knowledge and ideas. Legal experts are essential
in influencing the legal environment to better shield people, companies, and
institutions from the dangers of cybercrime by their careful analysis and critique of
current legislation.
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Proposed Solutions:
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provide individuals with the required information and skills to navigate the digital
environment safely.
The data analysis unequivocally indicates that Pakistan faces significant challenges in terms of
its cybercrime legislation and enforcement. Nevertheless, Pakistan has the opportunity to
enhance its regulatory frameworks and enforcement procedures in order to efficiently counter
cyber threats and safeguard its digital ecosystem. This may be achieved by addressing the
identified deficiencies and implementing the recommended remedies. This research can serve
as a valuable resource for policymakers, law enforcement agencies, and other interested parties
to effectively prioritize and implement improvements and initiatives aimed at enhancing
cybersecurity and protecting the rights of individuals in the digital age.
Conclusion
The examination of qualitative data highlights the urgent requirement for revisions in Pakistan's
legislation and practices around cybercrime. Among many parties involved, there are
widespread worries about the sufficiency and efficacy of existing legislation, and a general
agreement is forming on the necessity of extensive legislative changes. The obstacles cited,
which include procedural complications and resource limits, emphasize the complicated nature
of addressing cyber threats. Nevertheless, within these difficulties, there are chances for
enhancement, namely through programs that strengthen capabilities and promote better
coordination among different agencies. Pakistan may enhance its cybercrime governance and
reduce the risks associated with emerging threats by rectifying the identified shortcomings and
implementing the suggested solutions. This research acts as a plea to policymakers, law
enforcement agencies, and other parties involved to give priority and put into effect measures
that aim to improve cybersecurity and protect the digital rights of persons in Pakistan.
Recommendations:
Public Awareness Campaigns: To encourage cyber hygiene practices and inform the public
about legal requirements and cyber hazards, public awareness campaigns and educational
programs should be started. Working together, the government, academic institutions, and civil
society organizations can increase public awareness campaigns and provide citizens more tools
to defend themselves online.
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