The Prevention of Electronic Crimes Act 2016 (PECA) as it is more commonly known was Pakistan’s first attempt at curbing electronic crimes and cyber-crimes.

The also contains provisions on data protection. Predominantly the PECA provides for criminal penalties for anyone found guilty of indulging in cyber-crimes.  In the past 5 years Pakistan has seen a surge in the use of social media platforms specially by the younger generation. It was inevitable that this use of social media would sooner rather than later be used for political reasons. Change in the government has seen a strong desire and infact also the implementation of a crackdown by the new government and security agencies in Pakistan on the abuse of social media. This crackdown has bene so strong that it has bordered on the banning of free speech. Banning of X in Pakistan, Meta being down, VPN use being restricted and generally social media being painted as negative tool are some of the effects of this crackdown.

The Government and the security agencies in Pakistan has also repeatedly accused the wrongful use of social media platforms for being he reason for the spreading of fake and defamatory news. To further regulate the use of social media changes have now been made to the PECA. These changes which have been made into law by the passage of the Prevention of electronic Crimes Amendment Act 2025 have provided for more severe punishments for anyone found guilty of spreading fake news via the use of electronic means and by using a social media platform. For the first time the Government has created a social media protection and regulatory authority. This authority shall have the power to block any content or bring action against any social media platform which is found guilty of spreading news which causes religious or political resentment in Pakistan. A national cyber crimes investigations agency has also been established under the Act which is tasked with investigations pertaining to spreading of news causing political and religious unrest by the use of information systems. This agency has vast powers including the power to enter into a premises and seize information system(s), data, hard drive which may have been involved in the mis use of  electronic means.

The promulgation of this law is unlike routine legislation which is enacted for the protections of rights of citizens. This law has been specifically drafted to counter unrest which the Government and the security agencies have been facing by the misuse of social media particularly by the younger generation and professionals well versed in the use of software and malware. Because this law has the backing of the Government and security agencies in Pakistan hence it can be stated that with certainty that the same will be enforced unequivocally. Workplaces which have not clearly provided for policies around the misuse of social media and electronic systems specifically with regard to the PECA and its changes  can become victims to an act of search and seizure by the national cyber crimes investigations agency.  Since the PECA is a law which entails criminal liability thus in such instances it may also be the case that the employer who is deemed to be the owner of the workplace from where the misuse of the electronic system originated be held personally liable.

Clearly defined internet usage policies should be made as part of the employment contract. undertakings and indemnities need to be signed  need to be signed by the employees at the time of their employment which provide that they have been given detailed trainings on the use of office electronic equipment particularly on the use of the internet which is to be used for office use only  and that they shall not mis use any office equipment provided to them for their work and that they shall indemnify their employer in case any action is brought against the workplace as a result of their misuse of an electronic system. Blocking certain online sites within the office which are not required for office work would also be a good idea.

In conclusion this may be one of the areas for regulations which is being ignored by companies working in Pakistan. Regulating the use of the internet at the workplace by way of clear policies and training and clearly separating the liability of the employer is important and companies should be doing this.

 

About the Author

Mr. Yousaf Amanat is ranked for employment law and data protection by Legal 500, Chambers and Partners and GDR 100.

www.yaa.com.pk

 

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