The Prevention of
Electronic Crimes Act,
2016 (PECA)
Dr. Mahboob Usman
Offences against dignity of a natural
person
• Whoever intentionally and publicly exhibits or displays or
transmits any information through any information system,
which he knows to be false, and intimidates or harms the
reputation or privacy of a natural person.. S.20
• Not to apply to broadcast media licensee of PEMRA
• Any aggrieved person or his guardian….may apply to the
Authority for removal, destruction of or blocking access to
such information..
S. 20 of PECA
• Whether it is ultra vires the constitution?
• No, it is not ultra vires the constitution. Meera Shafi v. Federation of
Pakistan, PLD 2022 Lahore 773
• Amendment of S.20 through Ordinance in 2022
• Whether this section is applicable to other than natural person?
• IHC decision on PECA Ordinance; Pakistan Federal Union of Journalists v. the
President of Pakistan, W.P. No.666/2022 Order dated 08-04-2022. This is the
short order passed by the IHC.
What is in PECA amendment
Ordinance 2022
• PECA already contained broad provisions criminalizing
defamation of “natural persons,” the Amendment Ordinance
(2022) expands those provisions to include criticism of
government bodies and the military by inserting a new
definition of “person” that includes “any company,
association, or body of persons, … institution, organization,
authority or any other body established by the Government
under any law or otherwise.”
Punishment for false and fake
information
• Whoever intentionally disseminates, publicly exhibits, or
transmits any information through any information system,
that he knows or has reason to believe to be false or fake and
likely to cause or create a sense of fear, panic or disorder or
unrest in general public or society shall be punished…S. 26A
Legal recognition of offences committed
in relation to information system.
• (1) Notwithstanding anything contained in any other law for
the time being in force, an offence under this Act or any other
law shall not be denied legal recognition and enforcement for
the sole reason of such offence being committed in relation to
or through the use of an information system… S. 27
• (2) References to “property” in any law creating an offence in
relation to or concerning property, shall include information
system and data.
• What ETO says?? S. 3 of ETO?
PPC & PECA
• The provisions of the PPC…., to the extent not inconsistent
with anything provided in this Act, shall apply to the offences
provided in this Act.
Investigation Agency etc
Establishment of Investigation Agency. S. 29
NR3C
New amendment 2025
National Cyber Crime Investigation Agency (NCCIA); 2024 NCCIA Rules
Establishment Of Investigation Agency (S. 29); Power to investigate
(S. 30); 30C. In-camera trial;
30A. Remand (must not be more than fourteen days at one time);
30B. Victim and witness protection, witness protection system and
benefits prescribed under the Witness Protection, Security and Benefit
Act, 2017 shall be applicable to both victims and witnesses ;
Expedited preservation and
acquisition of data (S. 31)
• specific data stored in any information system or by means of an
information system is reasonably required for the purposes of a
criminal investigation;
• there is a risk or vulnerability that the data may be modified, lost,
destroyed or rendered inaccessible,
• and the authorized officer may, by written notice given to the person
in control of the information system, require that person to provide
that data or to ensure that the data specified in the notice be
preserved and the integrity thereof is maintained for a period not
exceeding ninety days as specified in the notice:
Retention of traffic data (S. 32)
• A service provider shall, within its existing or required
technical capability, retain its specified traffic data for a
minimum period of one year or such period as the Authority
may notify from time to time and, subject to production of a
warrant issued by the Court, provide that data to the
investigation agency or the authorized officer whenever so
required….
Warrant
• Warrant for search or seizure (S. 33)
• Warrant for disclosure of content data (S. 34)
Powers of an authorized officer (S. 35)
• have access to and inspect the operation of any specified information system;
• use or cause to be used any specified information system to search any
specified data contained in or available to such system;
• obtain and copy only relevant data, use equipment to make copies and obtain
an intelligible output from an information system;
• have access to or demand any information in readable and comprehensible
format or plain version;
• require any person by whom or on whose behalf, the authorized officer has
reasonable cause to believe, any information system has been used to grant
access to any data within an information system within the control of such
person;
Powers of an authorized officer (S. 35)
• require any person having charge of or otherwise concerned with the
operation of any information system to provide him reasonable
technical and other assistance as the authorized officer may require
for investigation of an offence under this Act;
• require any person who is in possession of decryption information of
an information system, device or data under investigation to grant
him access to such data, device or information system in
unencrypted or decrypted intelligible format for the purpose of
investigating any such offence:
Dealing with seized data or
information system (S. 36)
• the authorized officer who undertook the search or seizure shall, at the
time of the seizure
• make a list of what has been seized or rendered inaccessible, with the
date and time of seizure;
• give a copy of that list to,—
• the occupier of the premises;
• or the owner of the data or information system;
• or the person from whose possession the data or information system has been
seized, in a prescribed manner in the presence of two witnesses.
Unlawful on-line content (S.37)
• The Authority shall have the power to remove or block or
issue directions for removal or blocking of access to an
information through any information system if it considers it
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.
Limitation of liability of service
providers (S.38)
• Civil
• Criminal
Real-time collection and recording of
information
• …..the Court may order…. to a designated agency as notified
under the Investigation for Fair Trial Act, 2013…. to collect or
record such information in real-time in coordination with the
investigation agency for provision in the prescribed manner. (S. 39)
• Forensic laboratory (S. 40):
• National Forensic Agency, Act 2024 (XXXVII of 2024) w.e.f 24th
December, 24
• Confidentiality of information (S. 41)
