EFFECTIVENESS OF THE PREVENTION OF ELECTRONIC CRIMES ACT 2016 IN COMBATING CYBER HARASSMENT IN PAKISTAN
Abstract
The encroaching growth of digital technologies and internet connectivity has been of great importance as it relates to communication and social interaction in the global arena. The growing popularity of social media sites and online communication tools in Pakistan presents fresh opportunities in terms of economic development, sharing of information and participation of civilians in the country. Nevertheless, another drawback of this technological development is that it has given rise to other types of criminal behavior mainly cyber harassment, online stalking, identity theft and cyber blackmail. To cope with all these issues, the Prevention of Electronic Crimes Act 2016 (PECA) has been passed in Pakistan and puts in place a comprehensive legal framework to govern cyber offences.
This paper is a critical assessment of the effectiveness of PECA in counterattack cyber harassment in Pakistan. It analyzes the legal clauses of the Act, institutional enforcing mechanisms, and legal interpretation of cybercrime rules by judices. The paper also delves into the issues that have been related to enforcing cybercrime laws, such as institutional constraints, delays, digital illiteracy, and the law being used as a weapon. A comparative study of international regulatory framework, in particular, the General Data Protection Regulation (GDPR) is also conducted in order to point to possible changes. The argument in the article is that though PECA is a significant piece of legislation in regard to treating cyber harassment, the initiative is limited by weaknesses in structures and institutions. The paper has ended by giving legislative and policy recommendations that can be used to enhance governance of cybercrime and safeguard basic rights within the digital environment in Pakistan.
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