Cyber Crimes and Ethics: A look in “Prevention of Cyber Crime Law” (Pakistan)
Usage of internet is the
need of today. No domain of life seems possible without it. Sectors like
education, business, trade, telecommunication etc. have been revolutionized only
because of it. The life which we are living is quite different from the one
which was lived by our forefathers. The way we think, talk, interact, plan our
day and communicate with others is different from what our ancestors did. Long
gone are the days when people used to gather at night in open spaces, around
fire to share their experiences from their day. Thanks to social media
communication has become more feasible and less time consuming. Now we can
share our very own information, thoughts and ideas with anyone at any time
within minutes.
Image has been retrieved from https://propakistani.pk/2016/01/26/state-of-social-media-in-pakistan-in-2016/
When presented an opportunity; the hidden
critic, philosopher, writer, and analysts comes out of every human. Social
media helps them to play the role of their choice i.e. to live a virtual life
which everyone desires but never gets. One of my supervisors think that people
use social media either to gain more followers or simply to lie. But let’s not
just focus on the darker side only. Millions of people are benefited only by
the use of Social Media, many get jobs/earn revenues and many acquire meaningful
information from this medium. therefore it is our moral duty to defend the honor of the medium which we use the most because
1) Lies don't shape our lives
2) It’s a cliché but I’ll use it “honesty is the best
policy”. Whatever we do on social media, once it is published; it stays there
forever.
Ethics
of using Social Media:
There are certain elements on social media
which need to be considered while using it top most of which is only spreading
the information which is accurate. Although there are hundreds of websites
offering wide range of information, this fact is not unknown that a person
needs to verify his source before believing and sharing it with others.
Verification of email addresses and phone numbers can easily be done.
While there are number of disregards related
to what is “on” and “off” social media, the user must never forget that every news and report has an impact which may produce negative
outcomes if not used wisely therefore it is essential to differentiate a rumor
from a reality. Any doubtful thing must not be shared. The user must also
be aware of his power to deal with the situation. There is always an option
related of “report abuse” on every web link. Also in case of uncertainty; the
site handlers can be easily approached via email.
The Manipulation and misuse of the electronic
information is not new to us. They can easily be tampered, altered and
photos-shopped. The next thing which should be done carefully is graphics
sharing. One must have fair idea of the impact of the images, gifs, animations
and videos being shared. The presence of the data cannot be controlled however,
every citizen should have be clear enough of his/her activates. The simplest
solution is to avoid sharing doubtful information. The chances of leak of
personal information are always present on social media; therefore highest
level of privacy is recommended for it. Websites are devising best to the best
privacy measures to secure date from tampering. One should always keep a check
on the on-going activities not only on their accounts but on other’s activities
as well. In case of encountering some insecurity/ ambiguity or offensive views;
it must be reported to the main server.
There is need to set standards for sharing of
opinions online. Also the elements of respect should never be forgotten. Though
social media provides plat from to share views yet there is need for the
demarcation of the prescribed limits as offensive and controversial issues,
inappropriate language and ideologies give rise to hatred in the society.
Everyone has his/her own norms, traditions, living standards and priorities which
should not be neglected.
Prevention
of Cyber Crime Law in Pakistan:
Where globalization has shared brought people
closer or 6 degree separation is empowering human rights and living standards; it
is not uncommon for countries to rely or more on electronic sources. Pakistan
is one of those countries who are readily adopting social media as a mode to
communication, expression and entertainment. According to internet stats, 17.8%
of the total population has now access to internet which constitutes 1% of the
global internet users. This is not the end as the proportion is increasing with
increase in broadband services (including mobile broadband packages) and cheap
cells have contributed to increase to 25 million users (2016). 60% of the people interact with brands online
now.
Developing nations like Malaysia
have been working hard to strengthen their cyber network system. Certain acts
like payment system act (2003), personal data protection act (2010),
tele-medicine act (1997), communication and Multimedia Content Code 2011 are
already present. Unfortunately, this situation is far more complex and not up
to mark due to number of reasons.
Prevention of Cyber Crime Act will finally attain the level of law
(Cyber Crime law), after the approval from national assembly with nearly 50
amendments.
the Cyber
Crime keeps on focus on a number of factors including terrorist activities and
child pornography, sharing, influencing and distribution of some private
information, cyber stalking, fraud, forgery, interference/ manipulation of the
data/information portals and hacking of websites, user accounts have been
addressed in it. It also addresses regulations related to hate speech so that
people cannot spread radical/religious and ethnic hatred though online and
glorification of an offense. One of the most important points is that foreign
countries will be accessed to arrest the alleged people from there.
Punishments have been decided accordingly as
well along with the establishment of special court. Few of the examples are
listed below:
·
14 years imprisonment
and fine up to 5 million for cyber terrorism.
·
7 years imprisonment for
campaigning against innocent people
·
Rs. 500,000 fine on
spreading hatred speech, taking any part in child pornography etc.
·
7 years imprisonment on
fund raising for terrorism or any related activity.
·
3 years imprisonment and
fine worth 1 million will be one to the people illegally using internet data.
·
6 months imprisonment
and fine for transmission, transfer, copying of any data without the consent of
authority is punishable.
·
4-5 years imprisonment
and fine for Illegal access and interference with the program data (related to
destruction, deletion, prevention, deterioration, causing hindrance to obtain
data etc.)
·
Cyber terrorism creating
insecurity in government or public section, due to the influence of any sect, religious group,
·
Up to 2 years jail and
fine for electronic forgery for wrongful gain, loss, economic benefit for one
party or another, shall also be punished.
·
305 years jail and fine
for influencing any public servant in exercise of public duty and government controlled
information.
·
5 years imprisonment and
fine up to 10 million for fraudulent intent (with or without authority)
Intentional Spamming:
The most interesting thing which I found is the
clause of intentional spamming in the bill. Marketing has its own benefits but
receiving constant SMS and emails related to a product without subscription is
annoying. Therefore jail up to 3 months and fine up to 5 million has now been
decided to overcome this issue.
Criticism:
Where the bill will determine certain
restrictions and code of conduct on cyber media; many claim that it will be an
impediment in freedom of expression as it provides the authorities with great
power.
· Although this bill addresses regulation related criminals and law
breaches however, it doesn’t address the regulations related to distributions
and redistribution of such material like blasphemous material. (Abbasi, 2016).
Such activities have resulted in banning many poplar websites and vandalism in
Pakistan in the past. Although no one can blame someone as long as it can be
proved but if someone is really involved in it? Therefore there is strong need
to address such sensitive matters as well.
·
Regulations related to access to pornographic material also needs
to be considered.
Now when
the bill has been passed, posing numerous assertions on user’s behavior one
must know about their conduct online. We must know its impacts and consequences
clearly in order to avoid any detrimental/ undesirable effects which may lead
anyone to fine or worst Pakistani Jails.
Note:
if you are the victim/witness any of these cyber crimes, then report via Cyber Crime website http://www.nr3c.gov.pk/
OR
call on 9911
A very good and informative article
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