24.
LEGAL RECOGNITION OF OFFENCES COMMITTED IN RELATION TO INFORMATION
SYSTEM
1. Legal Recognition:
Not with standing anything contained in this law or any other law for the time being in
force, any offence committed will not be denied legal recognition or enforcement on the
basis that it is committed in relation with or through the use of information system.
2. Property defined.
References to "property" in any law creating an offence in relation to or concerning
property, will include information system and data.
25. PAKISTAN PENAL CODE, 1860 (ACT XLV OF 1860) TO APPLY
The provisions of PPC 1860 which are not inconsistent with any of the provisions of this act
will be applied to the offences given in this act.
26. ESTABLISHMENT OF INVESTIGATION AGENCY
1. Constitution of Investigation Agency
The federal government may establish or may designate any law enforcement agency as an
investigation agency for the purpose of investigations of offences.
2. Procedure of Investigation
Anything otherwise provided under this act, The investigation agency or the authorized
officer will follow the rules and procedure laid down in the code to the extent which is not
inconsistent with the provisions of this act, for the investigation of offences.
3. Forensic Analysis
The investigation agency can establish within its own capacity for forensic analysis of
report or information system and data and those forensic reports made by the
investigation agency will be not inadmissible in any court of law on the ground that these
reports are made by the investigation agency.
4. Making of Rules by the Federal Government
Not with standing any other provisions of this act, the federal government can make rules
for the appointment and promotion in the investigation agency including the undertaking
of specialized courses in digital forensics, information technology, computer science and
other related fields for the training of the officers and the staff of the investigation agency.
21. Power to investigate –
Only an authorized officer of the investigation agency will have the powers to investigate
an offence under this Act
Provided that the Federal Government or the Provincial Government may as the case may
be, constitute one or more joint investigation teams comprising of an authorized officer of
the investigation agency and any other law enforcement agency for investigation of in
offence under this Act and any other law for the time being in force.
28. EXPEDITED PRESERVATION AND ACQUISITION OF DATA
1. Preservation of Data
If the authorized officer is satisfied that,
a. Any specific dated stored in any information system or by means of any information
system is required for the purpose of criminal investigation,
b. Or if there is a risk or susceptibility that the data can be changed, lost, destroyed or
become in accessible to use.
The authorized officer will give a notice in written to the person in whose control the
information system is, or require that person to provide that data or to ensure that the data
specified in the notice is preserved and the integrity is maintained for a period not
exceeding 90 days as specified in the notice;
Provided that the officer will immediately but not later than 24 hours bring the acquisition
of such data under the notice of the court and the court on receipt of information received
can pass orders as deemed fit in the circumstances of the case including the issuance of
warrants for the retention of such data.
2. Extension of time period
The period specified in sub-section 1 for the preservation of data can be extended by the
court if deemed necessary on the receipt of application from the authorized officer in this
behalf.
29. RETENTION OF TRAFFIC DATA
1. Holding of Traffic Data
A service provider will within its existing or required technical capability, will retain its
specified traffic data for a minimum period of 1 year or such period as notified by the
authority from time to time, subject to the production of a warrant issued by the court can
provide that data to the investigation agency or the authorized officer whenever so
required.
2. Procedure for retention of data
The service providers will retain the traffic data under subsection 1 after fulfilling all the
requirements of data retention and will preserve its originality as provided under section 5
and 6 of the Electronic Transactions Ordinance, 2002.
3. Punishment and penalty
Any owner of the traffic data who is not the licensee of the authority and violates
subsection 1 will be guilty of an offence punishable and if committed for the first time than
with fine which may extend to 10 million rupees and on any subsequent conviction will be
punished with imprisonment which may extend to 6 months or with fine or with both.
Provided that where the violation is committed by a licensee of the authority, is be deemed
as same violation of the terms and conditions of the licensee and will be treated as under
the Pakistan Telecommunication Act, 1996.
30. WARRANT FOR SEARCH OR SEIZURE
1. Application by the authorized officer
On the application by an authorized officer that satisfies the court that there exists
reasonable ground to believe that there may be in a specified place any information system,
data, device or other articles that,
a. May reasonably be required for the purpose of criminal investigation or criminal
proceedings which may be used as an evidence in proving a specifically identified
offence committed under this act, or
b. Has been acquired by a person for the commission of an offence,
on this basis the court can issue a warrant which will authorize an officer of the
investigation agency with such assistance which may be necessary to enter that
specified place and to search the premises and any information system, data, device
or storage medium through which offence is committed identified in the application
made. The authorize person will seize and secure any information system, data,
device or other articles relevant to the offence specified in the application.
2. Commission of offense defined under Section 10
In circumstances involving the offence defined under sec10, under which a warrant can
be issued but that data cannot be obtained without the apprehension of destruction,
loss or alteration of data, information system, data, device or other articles which are
required for the investigation, the authorized officer who will also be the gazette officer
of the investigation agency can enter that specified place and to search the premises
and any information system, data, device or storage medium through which offence is
committed identified in the application made. The authorize person will seize and
secure any information system, data, device or other articles relevant to the offence
specified in the application.
Provided that the authorized officer will immediately but not later than 24 hours bring
on the notice of court, the facts of such search or seizure and the court on receipt of
such information may pass such orders as deemed appropriate in the circumstances of
the case.
31. Warrant for disclosure of content data
1. Application by authorized officer
On the application by an authorized officer that satisfied the court that there exists
reasonable ground to believe that the content data stored in any information system is
reasonably required for the purpose of criminal investigation or criminal proceedings
which is related to an offence specified under this act, the court may after recording the
reasons for investigation will order that person in control of which the data or
information system is, to provide that data or access to that data to the authorized
person.
2. Extension of time period
The time period of a warrant issued under subsection 1 can be extended beyond 7 days
on an application to the court, on which the court authorizes the extension for further
period of time as specified by it.
32. Powers of an authorized officer
1. Powers
Subject to the provisions of this act, an authorized officer will have the following
powers,
a. have access to and can inspect the operation of any specified information system;
b. can use or cause to be used any specified information system to search any specified
data contained in or available to such system;
c. Can obtain and copy only the relevant data, and can also use equipment to make
copies and obtain an understandable output from an information system.
d. Can have access to or demand any information in readable and comprehensible
format or in plain version;
e. Require any person by whom the authorized officer has reasonable ground to
believe that any information system is been used to grant access of any data within
in that information system in whose control that information system is;
f. Require any person having charge or concerned with the operation of any
information system to provide the authorize officer reasonable technical and other
assistance which he amy require for the investigation of offences under this act;
g. Require any person who is having the possession of the decrypted information of an
information system, device or data which is under investigation, to grant him access
to that data, device, or information system in an encrypted or decrypted and
intelligible format for the purpose of investigation of the offence.
Explanation :
Decryption information means that information or technology that enables a person to
voluntarily retransform or unscramble encrypted data from its unreadable form and
from ciphered data to intelligible data.
2. Exercise of powers
During the exercise of powers for search and seizure of any information system ,
program or data the authorized officer will all times will;
a. Act with proportionality
b. Will take all the precaution to maintain the integrity and secrecy of the information
system and data related to which the warrant for search or seizure has been granted
c. Not to disrupt or interfere with the integrity or running operation of any data or
information system that is not the subject matter of the offences specified in the
application for which the warrant for search or seizure has been issued.
d. Avoid disruption to the continued lawful business operations and the premises
which are subject to search and seizure under this act.
e. Avoid the disruption to any information system, program or data not connected
with the information system which is subject of the offences specified in the
application for which a warrant has been granted or it is not necessary for the
investigation of that specified offence for which the warrant has been issued.
33. Dealing with seized data or information system
1. Steps taken after seizure and search of data
If any data or information system is been seized or secured under the provision of
search or seizure of this act, the authorized officer who have taken the search or seizure
will on the time of the seizure;
a. make a list of what has been seized or rendered inaccessible, along with the date
and time of seizure; and
b. give a copy of that list to
i. the occupier of the premises
ii. The owner of the data or information system
iii. the person from whose possession the data or information system has been
seized, in a prescribed manner in the presence of 2 witnesses.
2. on application by owner
on an application of the owner of the data or information system or an authorized
agent of the owner, can on application to the authorized officer after the payment of the
prescribed costs will provide forensic image of the data or the information system to
the owner or his authorized agent within the prescribed time under this act.
3. Receipt by authorized officer
If the authorized officer has reasons to believe that providing the forensic image of the
data or the information system to the owner under sub-sec 2 may affect,
a. the investigation in connection with which the search was carried out
b. or with any other ongoing investigation,
c. or any criminal proceedings that are pending or that may be relation to any of those
investigations, the authorized officer will within seven days of the receipt of the
application under sub-sec 2, will approach the court for an order not to provide
copy of the seized data or information system.
4. order from court
The court will on the receipt of an application by the authorized officer pass an order as
deemed necessary in the circumstances of case, after recording the reasons in writing
by the authorized officer.
5. Costs paid
The costs incurred within the exercise of rights under this section will be borne by the
person exercising the rights.
34. Unlawful on-line content.
1. Direction for removing and blocking of data
The Authority will have the power to remove or block or issue directions for removal or
blocking of access to an information or any information system if it considers necessary
in the interest of glory of Islam or the integrity, security or defense of Pakistan or,
public order, decency or morality, or in relation to contempt of court or commission of
or incitement to any offence under this Act.
2. Rules prescribed
The Authority will, with the approval of the Federal government, prescribe rules
providing for, other matters, safeguards, transparent process and effective error
mechanism for exercise of powers under sub-section (l ).
3. Exercise of powers
Until rules are prescribed under sub section (2), the Authority will exercise its power
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.
4. Review of the order
Any person aggrieved from any order passed by the Authority under sub-section (1),
may file an application to the Authority for review of the order within 30 days from the
date of passing of the order.
5. Appeal
An appeal against the decision of the Authority will lie before the High Court within
thirty days of the order of the Authority.
35. Limitation of liability of service providers.
1. Liability on service provider
No service provider will be put through any civil or criminal liability, unless it is
established that the service provider had actual knowledge and willful intention to
proactively and positively participate in commission of an offence, and not simply
though omission or failure to act, and for which he was facilitated, aided of abetted the
by any person of any information system, service, application, online platform or
telecommunication system maintained, controlled or managed by the service provider
which are in contravention of this Act or rules made there under or any other law for
the time being in force.
Provided that the burden to prove that a service provider had actual knowledge, and
willful intention to proactively and positively participate in any act through which any
civil or criminal liability will be on the person alleging those facts. No interim or final
orders or directions will be issued with against the service provider by any
investigation agency or Court unless the facts have so been proved and determined:
Provided further that those allegation and its proof will clearly identify the content,
material or other aspect on which civil or criminal liability is claimed but not limited to
unique identifiers such as the Account identification (Account ID), Uniform Resource
locator (URL), Top Level Domain (TLD), internet Protocol Addresses (lP Addresses), or
other unique identifier and clearly state the statutory provision and basis of the claim.
2. Actions taken in good faith
No service provider will under any circumstance be liable under this Act, rules made or
any other law for maintaining and making available their service in good faith.
3. No liability in case of information to subscriber
No service provider will be subject to any civil or criminal liability under exercise of any
of his powers by informing a subscriber, user or end users affected by any claim, under
this Act, or any other law:
Provided that the service provider, for a period not exceeding fourteen days, will keep
confidential and not disclose the existence of any investigation or exercise of any power
under this Act until a notice on this matter is served upon it by an authorized officer,
that period of confidentiality can be extended beyond fourteen days it on an application
by the authorized officer. The Court will authorize an extension for a further specified
period upon being satisfied that reasonable cause for extension exists.
4. Disclosure of data
No service provider will be liable under this Act, or any other law for the disclosure of
any data or other information that the service provider discloses only to the extent of
the provisions of this Act.
5. No obligation on service provider
No service provider will be under any obligation to proactively monitor, make inquiries
about material or content hosted, cached, routed, relayed medium, transmitted or made
available by such intermediary or service provider.
36. Real-time collection and recording of information.
1. Collection of real time information
If a Court is satisfied on the basis of information given by an authorized officer that
there are reasonable grounds to believe that the content of any information is required
for the purposes of a specific criminal investigation, the Court may order, for the
information held by or passing through a service provider, to a designated agency as
notified under the Investigation for Fair Trial Act 2013 or any other law for the time
being in force having capability to collect real time information, to collect or record such
information in real time in coordination with the investigation agency for Provision in
the prescribed manner.
Provided that such real-time collection or recording will not be ordered for a period
beyond what is absolutely necessary and in any event for not more than 7 days.
2. Evidence
Notwithstanding anything contained in any law to the contrary the information
collected under sub-section (l) will be admissible in evidence.
3. Extension of time
The period of real-time collection or recording can be extended beyond 7 days, on an
application to the court after than court will authorizes extension for a further specified
period.
4. Confidential execution
The Court may require the designated agency to keep confidential the fact of the
execution of any power provided in this section and any information relating to it.
5. Description of application
The application under sub-sections (l) and (2) will in addition to substantive grounds
and reasons also-
(a) Explain why it is believed that the data sought will be available with the person in
control of an information system:
(b) identify and explain with specificity the type of information likely to be found on
such information system;
(c) identify and explain with specificity the identified offence made out under this Act
in respect of which the warrant is issued
(d) if the authority seeks real time collection on more than one time if, explain why and
how many further disclosures are needed to achieve the purpose for which the
warrant is issued.
(e) specify what measures will be taken to prepare and ensure that the real-time
collection or recording is carried out maintaining the privacy of other users,
customers and third parties and without the disclosure of information of any
person not part of the investigation;
(f) explain why the investigation may be frustrated or seriously affect unless the real
time collection or recording is permitted; and
(g) why, to achieve the purpose for which the warrant is being applied, real time
collection or recording by the person in control of the information system is
necessary.
37. Forensic laboratory
The federal government will establish or designate a forensic laboratory, which will be
independent from the investigation agency, to provide expert opinion before the court
or for the benefit of the investigation agency related to the electronic evidence collected
for purposes of investigation and prosecution of offences under this act.
38. Confidentiality of information
1. Punishment on Disclosure of confidential information
Notwithstanding immunity granted under any other law for the time being in force, any
person including the service provider while providing the services under the terms of
lawful contract or in accordance with law, or an authorized officer who has accessed
any material or data containing personal information about another person, discloses
that personal information to any other person, expect when it is required by law,
without the consent of the person of the person concerned or through breach of lawful
contract with the intention to cause harm or knowing that he is likely to cause ahrm,
wrongful loss or gain to any person or compromise confidentiality of that material or
data will be punished with imprisonment which may extends to 3 years or with fine
which may extend to 1 million rupees or both;
Provided that the burden of proof of any defense taken by the accused service provider
or the authorized officer that he was acting in good faith, will lie on the service provider
or the authorized officer as the case may be.
39. International cooperation.
1. on Receipt
The federal government may on the receipt or request, through the designated agency
under this act, can extend such cooperation to any foreign government, 27 x 7 network,
any foreign agency, or any international organization or agency for the purposes of
investigations or proceedings for the offences of information system, electronic
communication or data or for the collection of evidence in electronic form related to the
offence or obtaining speedy preservation and disclosure of data by means of an
information system or real time collection of data associated with specified
communications pr interception of data under this act.
2. Forwarding of investigation
The federal government can forward to the foreign government, 24 x 7 network, any
foreign agency or any international agency or organization any information obtained
during its own investigation if it considers that the disclosure of that information is
necessary to assist the other government, agency or organization in initiation or
carrying out investigations or proceedings concerning any of the offence under this act.
3. Information to be kept confidential
The federal government will require the foreign government, 24 x 7 network, any
foreign agency or any international organization or agency to keep the given
information confidential and use it strictly only for the purpose for which it is is
provided.
4. Request for mutual assistance
The federal government can through the designated agency, send and answer requests
for the mutual assistance and the execution of such requests or their transmission to
competent authorities for its execution.
5. Refusal of any request
The federal government can refuse to accept any request made by any foreign
government, 24 x 7 network or foreign agency or any international organization if;
a. it is of opinion that the request if granted will affect the sovereignty, security, public
order or other essential public interest of Pakistan;
b. The offence is regarded as being of a political nature by the federal government.
c. There are substantial grounds to believe that the request made for assistance is for
the purpose of prosecuting a person on the basis of his race, sex, religion,
nationality, ethnic origin or political opinions or that the person’s position is
affected for any of those reasons;
d. The request made is related to an offence whose prosecution in the requesting state
may be incompatible with the laws of the Pakistan
e. The assistance requested requires the federal government to carry out necessary
measures that may be inconsistent with the laws or practices of Pakistan and the
offence been the subject of investigation or prosecution under its own jurisdiction.
f. The request made is concerned with an offence which may affect the ongoing
investigation, proceedings, trial or the rights of its citizens guaranteed under the
constitution.
6. Following of requirements
Where the federal government decides to give the requested cooperation, the relevant
requirements and safeguards given under this act and the rules framed will be followed.
7. Register of requests
The designated agency will maintain a register of requests received from any foreign
government, 24 x 7 network, any foreign agency or any international organization or
agency under this act.
40. Offences to be compoundable and non-cognizable
1. Non cognizable, bailable and compoundable offences.
All the offences under this act, except the offences under sec 10, 21 and 22 and
abetment, will be non-cognizable, bailable and compoundable offences.
Provided that offences under sec 17wiil be cognizable by the investigation agency on
the basis of a written complaint by the authority.
2. Cognizable, non bailable and non compoundable offences.
Offences under sec 10, 21 and 22 and abetment will be cognizable, non bailable and
compoundable offences by the investigation agency.
41. Cognizance and trial of offences
1. Designation of officers
The federal government, with consultation of the chief justice of the respective high
court, will designate presiding officers of the court to trial offences under this act at the
places deemed necessary.
2. Special Training
The federal government will in consultation with the chief justice of the respective high
court , arrange a special training for presiding officers of the court which will be
conducted by the entity notified by the federal government for training on computer
sciences, cyber forensics, electronic transactions and data protection.
3. Trial of a minor
Prosecution and trials of an offence under this act committed by any minor will be
conducted under the Juvenile justice system ordinance, 2000.
4. Procedure followed
The procedure laid down under the code and the Qanun-e-shahadat will be followed to
the extent which is not inconsistent with this act.
42. Order for payment of compensation
1. Order for compensation
The court may in addition to award made for punishment including the fine under this
act, can make a order for the payment of compensation for any damage or loss incurred,
to the victim and the compensation so awarded will be recoverable as the arrears of
land revenue.
Provided that the compensation granted by the court will not affect any right to the civil
remedy for the recovery of damages beyond the amount of compensation so awarded.
43. Appointment of amicus curiae and seeking expert opinion
The court can appoint amicus curiae or can seek independent expert opinion on any
matter connected to the case pending before.
44. Appeal.
An appeal against the final judgment or order of the court can lie within 30 days from
the date of provision of its certified copy free of cost,
a. to the high court concerned to such judgment or order if passed by the sessions
court; or
b. to the sessions court concerned to such judgment or order if passed by the
magistrate.
45. Prevention of electronic crimes
1. Issue of directions
The federal government or the authority as the case may be, will issue the directives to
be followed by the owners of the designated information systems or service providers
for the prevention of any of the offences specified under this act.
2. Punishment and penalty
Any owner of the information system who is not the licensee of the authority and
violates the directives issued under sub-section 1 will be guilty of an offence punishable
and if committed for the first time than with fine which may extend to 10 million rupees
and on any subsequent conviction will be punished with imprisonment which may
extend to 6 months or with fine or with both.
Provided that where the violation is committed by a licensee of the authority, is be
deemed as same violation of the terms and conditions of the licensee and will be treated
as under the Pakistan Telecommunication Act, 1996.
46. Computer emergency response teams.
1. Composition of computer emergency response team
The federal government can constitute one or more computer emergency response
team to respond to any threat against or attack on the critical infrastructure
information system or critical infrastructure data or any widespread attack on the
information systems in Pakistan.
2. Members of team
The emergency response team constituted under sub-section 1 will comprises of
technical experts of known expertise officer of any intelligence agency or authority or
any sub-set.
3. Working of team
The computer emergency team will respond to any threat or attack without causing any
inconvenience or hindrance to the use of any information system or data as may be
prescribed.
PEMRA
DEFINITIONS:
1) ADVERTISEMENT
“Advertisement” means a set of visual and audio messages for the projection of a
product, service, or idea with the object of circulating sale, purchase or hire of the
product, service or idea for creating other effects.
2) AUTHORITY
(b) “Authority” means the Pakistan Electronic Media Regulatory Authority (PEMRA)
established under section 3;
3) BROADCAST MEDIA
(c) “broadcast media” means such media which originate and spread broadcast and
prerecorded signals by global means or through satellite for radio or television and
includes teleporting, provision of access to broadcast signals by channel providers and
such other forms of broadcast media as the Authority may, with the approval of the
Federal Government, by notification in the official Gazette, specify;
4) BROADCAST STATION
(ca) “Broadcast station” means physical, technical and software infrastructure for the
operation of radio or television and also includes satellite up linking from ground, repeaters
and all such other accessories.
5) TELEPORT
“Teleport” means a facility with installed equipment used or required in the process of
up linking or down linking of audio-visual programmers and signals between an earth
station and a satellite.
6) UP LINKING
“up linking” means transmission of audio-video signal from ground transmission facility
to a satellite, in order to transmit any programme within or outside Pakistan.