National News

Prevention of Electronic Crimes Act is human rights compliant: Zafarullah Khan

ISLAMABAD, (APP): Prevention of Electronic Crimes Act,
2016 (PECA) has enacted provisions for prevention of electronic
crimes in consonance with principles of human rights enshrined in
constitution and internationally acclaimed conventions such as
International Covenant on Civil and Political Rights, Minister of
State for Law and Justice, Zafarullah Khan said.
He said PECA has conducted detail deliberations on its
contents prior to its introduction in parliament by Ministry of
Information Technology in addition to other stakeholders including
tech houses, industry representatives and professionals from IT,
telecom and legal fraternity.
In a statement issued here Friday, he stressed that process of
public consultations has carried out even after its introduction in
National Assembly while exclusive public hearings were also held by
respective standing committees of National Assembly and notably by Senate in August 2015 and June 2016.
It is pertinent to mention here that the government introduced
Bill on subject was amended accordingly by both houses of
parliament, thus the negative campaign against PECA is a tantamount
to call into question the prerogative and bonafide intention of
lawmakers representing people of Pakistan in parliament.
This implies that certain section driven by their own designs
contrary to wishes and aspirations of general public of the society
is trying to eclipse exertions and dedications of the
parliamentarians.
Zafarullah Khan said the relentless efforts to paint a
negative image of PECA as a retrogressive law pivoted on
instigating a baseless propaganda to malign the country at
international forum.
Impression has been portrayed that right of freedom to express
one’s opinion have been thwarted under section 20 of PECA declaring
public transmission of false information which one knows to be
false, to intimidate or harm a person’s reputation or privacy as an
offence punishable by a maximum detention for three years, he added.
The Minister said the right to freedom of expression carries
special duties and responsibilities have also been integrated in
PECA under Article 19 & 19-A of the Constitution in line with
Article 19 (3) of ICCRP. Hence, the said provision includes only
the propagation of “false information.” Fair and constructive
criticism, opinion or true assertions do not fall under the purview
of this provision unlikely to generate any impact on investigative
work/journalism.
The legislation of cyber crime law is need of the hour to
safeguard public from nefarious elements in society and the efforts
of certain section to raise objections and make it controversial
is a matter of sheer lack of understanding of overall legal system
of Pakistan.
PECA, except in cases where specific offences have been
committed due to advancements in information technology, is to be
construed in light of provisions in Pakistan Penal Code, said the
Minister.
Zafarullah Khan stressed that utmost care and attention have
been taken to safeguard public from abuse of the law itself and in
this connection, principles delineated in PECA for the prescription
of detailed implementation framework as rules inter alia for
investigation, training of investigation agency’s officials,
Standard Operating Procedures for international cooperation and
operations of an independent forensic laboratory.
A high level ministerial committee has been instituted to
carry out this task.