PECB is too harsh, with punishments that do not fit crimes. Critics Opinion

ISLAMABAD ( MEDIA REPORT )

The controversial Prevention of Electronic Crimes Bill (PECB) 2015 has been approved by National Assembly here on Thursday. Daily Times reported.

Let’s see what critics say about the cyber bill:

Critics say the bill is too harsh, with punishments that do not fit crimes.

The bill’s language leaves it open to abuse by LEAs, agencies, the government.

Recommendations of stakeholders were ignored in the formulation of the law.

It restricts freedom of expression and access to information.

The offences are too numerous, overlap with other existing laws.

The wording of the bill leaves many clauses open to interpretation.

The bill specifically can be misused to target journalists’ sources and whistle blowers.

Criteria for surveillance is even more open-ended than in the Fair Trial Act 2013.

Mechanisms for implementation are missing from this bill.

The bill has introduced clauses on cyber terrorism, which is not the subject of the bill.

The authority designated under the new law should have been independent of the executive.

The authority has been given sweeping powers to blocking and destroy online material, without a court order.

It does not adequately differentiate cyber crime from cyber terrorism and cyber warfare.

Salient features of the new bill

Up to three years imprisonment, Rs1 million fine or both for unauthorised access to critical infrastructure information system or data.

The government may cooperate with any foreign government, foreign or international agency, organisation or 24×7 network for investigation or proceedings relating to an offence or for collecting evidence.

The government may forward any information to any foreign government, 24×7 network, foreign or international agency or organisation any information obtained from its own investigation if the disclosure assists their investigations.

Up to seven years, Rs10 million fine or both for interference with critical infrastructure information system or data with dishonest intention.

Up to seven years, Rs10 million fine or both for glorification of an offence relating to terrorism, any person convicted of a crime relating to terrorism or proscribed individuals or groups. Glorification is explained as “depiction of any form of praise or celebration in a desirable manner”.

Up to six months imprisonment, Rs50 thousand or both for producing, making, generating, adapting, exporting, supplying, offering to supply or importing a device for use in an offence.

Up to three years imprisonment, Rs5 million fine or both for obtaining, selling, possessing, transmitting or using another person’s identity information without authorisation.

If your identity information is used without authorisation, you may apply to the authorities to secure, destroy or prevent transmission of your information.

Certain sections of the cyber bill were condemned by political parties that would take away nation’s freedom of expression.