Law and Justice Minister Zafarullah Khan said in a statement on Friday that Prevention of Electronic Crimes Act (PECA), 2016, has enacted provisions for prevention of electronic crimes in consonance with the principles of human rights enshrined in the Constitution of Pakistan and internationally acclaimed conventions such as International Covenant on Civil and Political Rights (ICCPR).
He said PECA has conducted detail deliberations on its contents prior to its introduction in the Parliament by the Ministry of Information Technology and Telecom, in addition to other stakeholders, including Tech houses, industry representatives and professionals from IT, telecom, and legal fraternity.
He stressed that the process of public consultations has carried out even after its introduction in the National Assembly on January 16, 2015. Exclusive public hearings were also held by the respective standing committees of the National Assembly and notably by Senate in August 2015 and June 2016, he added.
It is pertinent to mention here that the government introduced bill on the subject was amended accordingly by both houses of the Parliament, thus, the negative campaign against PECA is tantamount to calling into question the prerogative and bona fide intention of the lawmakers representing the people of Pakistan in the Parliament.
This implies that certain section driven by their own designs contrary to the wishes and aspirations of the general public of the society is trying to eclipse the exertions and dedications of the parliamentarians.
Khan also said that there are relentless efforts to paint a negative image of PECA as a retrogressive law pivoted on instigating a baseless propaganda to malign the country at the international forum.
This particular quarter, he said, positions its ill-intended efforts on the clauses of the bill concerning hate speech which is incorporated in consonance with Article 20 of ICCPR which specifically prohibits any “propaganda for war; any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.”
Similarly, an impression has been portrayed that the right of freedom to express one’s opinion have been thwarted under the 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 that the right to freedom of expression carries special duties and responsibilities which have also been integrated into PECA under Article 19 & 19-A of the Constitution, in line with Article 19 (3) of ICCRP. Hence, he said, the 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 the investigative work/journalism,” he ensured.
The legislation of cybercrime law is the need of the hour to safeguard the public from nefarious elements in the society and the efforts of a certain section to raise objections and make it controversial is a matter of sheer lack of understanding of the overall legal system of Pakistan, he added.
PECA, except in cases where specific offences have been committed due to advancements of information technology, is to be construed in the light of provisions in the Pakistan Penal Code, the minister concluded.
[…] Source —Pakistan Today […]
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