MCOM 301: Media Law and Ethics (Final Exam Topics)
Cyber Laws in Pakistan
Cyber Crime
Any activity in which computers or networks are a tool, a target, or a place of criminal activity is
cyber crime. Cyber crime is also stated as any use of a computer as an instrument to further
illegal ends, such as committing fraud, stealing identities, violating privacy. It is also includes
traditional crimes in which computers or networks are used to enable the illicit activity.
As the computer has become central to commerce, entertainment, and government, therefore
cyber crime has grown in number all over the world. In the same Pakistan is also facing a
situation where boom of internet and computers has caused the disastrous effects as well.
Cyber Laws
Cyber laws usually deal with the legal issues related to use of communications technology,
particularly "cyberspace", i.e. the Internet. It is an intersection of many legal fields, like:
Intellectual property, Privacy. Cyber laws are designed for the physical world to human activity
on the Internet that is virtual world.
Cyber Laws in Pakistan
There are different laws, promulgated in Pakistan. These laws not only deal with crime of
Internet but with all dimensions related to computer & networks. Two of them are most
known, Electronic Transaction Ordinance 2002, Electronic / Cyber Crime Bill 2007.
Electronic Transaction Ordinance 2002
The Electronic Transactions Ordinance (ETO), 2002, was the first IT-relevant legislation created
by national lawmakers. It was a first step and a solid foundation for legal sanctity and
protection for Pakistani e-Commerce locally and globally. This law laid the foundation for
comprehensive Legal Infrastructure. It is heavily taken from foreign law related to cyber crime.
Before ETO no recognition was there for any kind of electronic documentation or electronic
records no recognition was given ever to evidential basis of documents/records. Then no
proper authentication or identification for digital or electronic signatures or forms of
authentication was available. No online transaction could be legally binding. Electronic Data &
Forensic Evidence were not covered.
Sections of ETO 2002
There are 43 sections in this ordinance. It deals with following 8 main areas relating to eCommerce.
Recognition of Electronic Documents
Electronic Communications
Digital Signature regime and its evidential consequences
Web Site & Digital Signatures Certification Providers
Stamp Duty
Attestation, notarization, certified copies
Jurisdiction
Offences
But important sections are:
36. Violation of privacy information
It says that anyone who gains or attempts to gain access to any information system with or
without intent to acquire the information, gain knowledge he will have to face Imprisonment of
7 years with a fine of Rs. 1 million.
37. Damage to information system, etc.
Anyone who alters, modifies, deletes, removes, generates, transmits or stores information to
impair the operation of, or prevent or hinder access to, information for which he is not
authorized, he will face imprisonment of 7 years and fine Rs. 1 million.
38. Offences to be non-bailable, compoundable and cognizable
All offences under this Ordinance shall be non-bailable, compoundable and cognizable.
39. Prosecution and trial of offences.
No Court inferior to the Court of Sessions shall try any offence under this Ordinance.
Electronic/Cyber Crime Bill 2007
Overview:
Prevention of Electronic Crimes Ordinance, 2007″ is in force now. It was promulgated by the
President of Pakistan on the 31st December 2007
The bill deals with the electronic crimes included:
Cyber terrorism
Data damage
Electronic fraud
Electronic forgery
Unauthorized access to code
Cyber stalking
Cyber Spamming/spoofing
It offers penalties ranging from six months imprisonment to capital punishment for 17 types of
cyber crimes. It will apply to every person who commits an offence, irrespective of his
nationality or citizenship. It gives exclusive powers to the Federal Investigation Agency (FIA) to
investigate and charge cases against such crimes.
Punishments
Under this law there are defined punishments for the offence. Every respective offence under
this law has its distinctive punishment which can be imprisonment or fine.
Data Damage:
Whoever with intent to illegal gain or cause harm to the public or any person, damages any
data shall come under this section and will be punished with 3 years imprisonment and fine of 3
Lac.
Electronic fraud:
People for illegal gain get in the way or use any data, electronic system or device or with intent
to deceive any person, which act or omissions is likely to cause damage or harm, this is
considered electronic fraud and for this they will be punished with imprisonment of 7 years and
fine of 7 Lac.
Electronic Forgery:
Whoever for unlawful gain interferes with data, electronic system or device, with intent to
cause harm or to commit fraud by any input, alteration, or suppression of data, resulting in
unauthentic data , And that unauthentic data can be considered or acted upon for legal
purposes as if it was authentic, then this is electronic forgery. And for this punishment is of
7years and 7 Lac fine.
Malicious code:
Whoever willfully writes, offers, makes available, distributes or transmits malicious code
through an electronic system or device, with intent to cause harm to any electronic system or
resulting in the theft or loss of data commits the offence of malicious code. Punishment for this
is 5 years imprisonment and fine of 5 Lac.
Cyber stalking:
Whoever with intent to harass any person uses computer, computer network, internet, or any
other similar means of communication to communicate obscene, vulgar, profane, lewd,
lascivious, or indecent language, picture or image, make any suggestion or proposal of an
obscene nature, threaten any illegal or immoral act, take or distribute pictures or photographs
of any person without his consent or knowledge, commits the offence of cyber stalking.
Spamming:
Whoever transmits harmful, fraudulent, misleading, illegal or unsolicited electronic messages in
bulk to any person without the permission of the recipient, involves in falsified online user
account registration or falsified domain name registration for commercial purpose commits the
offence of spamming. Punishment for this is 6 months imprisonment and 50,000 Rs fine.
Spoofing:
Whoever establishes a website, or sends an electronic message with a counterfeit source
intended to be believed by the recipient or visitor or its electronic system to be an authentic
source with intent to gain unauthorized access or obtain valuable information and later that
Information can be used for any lawful purposes commits the offence of spoofing.
Cyber terrorism:
Any person, group or organization that, with terroristic intent utilizes access or causes to be
accessed a computer or computer network or electronic system or device or by any available
means, knowingly engage in or attempts to engage in a terroristic act commits the offence of
cyber terrorism.
Punishment
Whoever commits the offence of cyber terrorism and causes death of any person shall be
punished with death, or imprisonment for life, and with fine. Otherwise he shall be punishable
with imprisonment of ten years or with fine ten million rupees.
Copyright
Copyright is a legal term describing rights given to creators for their literary and artistic works.
Kinds of works covered by copyright include: literary works such as novels, poems, plays,
reference works, newspapers and computer programs; databases; films, musical compositions,
and choreography; artistic works such as paintings, drawings, photographs and sculpture;
architecture; advertisements, maps and technical drawings.
Legal Definition of Copyright
According to The Copyright Ordinance, 1962 the exclusive rights are given to the owner/creator.
These rights include reproducing the work in any material form, to publish the work, to perform
the work in public, to produce, reproduce, perform or publish any translation of the work, to
broadcast the work, to make any adaptation of the work.
Book Piracy
Book piracy is also a form of copyrights infringement; it is the deliberate infringement of
copyright on intellectual property and an absolute disregard for ownership or authorship of
literary works. Using another person’s opinion, ideas or works as if they were one’s own and
without making any attempt at acknowledging their true source, all this is violation of copy
rights.
The Copyright Ordinance, 1962
Salient features of the copyright act are as follows:
Period of copyright is the life of the author and 50 years after his death
Registration of copyright is not mandatory but recommended
But this act allows reproduction for ‘Fair Use’ in research, teaching, private study, criticism,
review, news reporting, and judicial proceeding.
It provides 3 types of remedies against infringement, civil, criminal, and administrative.
Copyright Amendment, 2000:
Some amendments were made in copy right act in 2000.
Criminal penalties are included which are now up to three years imprisonment or a fine of
Rs.100,000 which are doubled for second or subsequent offenses. Civil ex parte search orders
(without notice to the defendant) are given to magistrate in case of any complaint regarding
violation of copy right act. Registrar/magistrate has been given the authority to prohibit (seize,
detain, etc.) the export and import of infringing copies.
Pakistan Intellectual Property Rights Organization (PIPRO)
It was established in 2004 and now it deals with the Trade Marks Ordinance, 2001, Copyrights
Ordinance, 1962, the Patents Ordinance, 2000, the Registered Designs Ordinance, 2000, the
Registered Layout-Designs of Integrated Circuits, Ordinance, 2000.
PIPRO will provide protection of Intellectual Property Rights in Pakistan and for matters
connected. The Organization shall be a corporate body corporate having perpetual succession
and a common seal with powers, to hold and dispose of the property both movable and
immovable and shall by the said name sue and be sued.
The Organization shall be an autonomous Organization but under the administrative control of
the Cabinet Division. The Federal Government may setup offices of the Organization at such
places, as it may deem necessary, as and when required.
Policy Board of PIPRO:
The Federal Government shall constitute a Policy Board of the Organization, consisting of the
Chairman, Vice- Chairman and such other members from the public and private sectors, as it
may deem fit. The Director-General shall act as ex officio Secretary of the Board.
The Chairman shall be the Head of the Organization. He shall directly oversee the DirectorGeneral in the performance of his duties and responsibilities under this Ordinance, shall guide
and direct him, as deemed necessary. He will liaise and consult with the Federal Government,
on behalf of the Board.
Functions and powers of the Board
The Board shall be responsible for setting of objectives and policy guidelines of the
Organization in accordance with the powers and functions as provided in ordinance. Board will
approve policies, plans and programs of the Organization. The Board shall promote a modern
system for the protection of intellectual property rights in Pakistan.
The powers and functions of the Organization
Organization will administer and coordinate all government systems for the protection and
strengthening of intellectual property rights.
It will advise the Government of Pakistan on policy relating to intellectual property rights; plan
for development and up-gradation of the intellectual property infrastructure and capacity as
well.
It will propose and initiate intellectual property rights legislation for the protection of these in
Pakistan. It will supervise and coordinate the working of all intellectual property offices
including the Patent Office, Trade Marks Registry and Copyright Office.
It will also prescribe, regulate or implement measures and standards on any matter related to
or connected with intellectual property right.
Organization can accredit or certify and regulate any person as intellectual property agent; and
in the same way can levy such charges or fees as may be reasonable for services and facilities
provided by the Organization
It will initiate and monitor the enforcement and protection of intellectual Property rights
through designated law enforcement agencies of the government. In turn the the law
enforcement agencies shall keep the Organization regularly and appropriately informed of their
actions and operations against violations of intellectual property rights and ensure full liaison
and cooperation with the Organization;
Organization will also advise the Federal Government regarding the international negotiations
in the area of intellectual property.
It will liaise and interact with counterpart Intellectual Property related organizations in other
countries for capacity building and exchange of information; coordinate, monitor or engage, in
conjunction with other authorities, international agencies or Organizations, in any study or
cooperation project related to intellectual property and promote education and research in the
field of intellectual property.
PEMRA Law in Pakistan
Pakistan Electronic Media Regulatory Authority (PEMRA) was established in March 2002 with
the mandate to explore avenues for broadcast / distribution media in Pakistan in order to
combat invasion of country’s airwaves and propagate Pakistani voice across the globe. There
are 40 sections in this ordinance dealing with different issues.
The objectives of PEMRA include:
Improving standards of information, education, and entertainment;
Enlarging the choice of people for news, current affairs, and music;
Improving access of people to mass media at the local and community level;
Ensuring accountability by optimizing the free flow of information;
Mandate of PEMRA:
PEMRA is mandated to issue licenses to the private sector for broadcast media and distribution
stations at international, national, provincial, and local level. PEMRA is authorized to:
issue licenses for broadcast media – radio and television;
issue licenses for distribution systems – Cable TV, MMDS/LMDS, and Direct to Home
(DTH) and
iii)
regulate the establishment and operation of the licensees.
Power of the Federal Government to issue directives/orders
i)
ii)
The Federal Government may, as and when it considers necessary, issue directives to the
Authority on matters of policy, and such directives shall be binding on the Authority, and if a
question arises whether any matter is a matter of policy or not, the decision of the Federal
Government shall be final.
Members of Authority
The Authority shall consist of a Chairman and twelve members to be appointed by the
President of Pakistan.
The Chairman of the Authority shall be an eminent professional of known integrity and
competence having substantial experience in media, business, management, finance,
economics or law.
Out of twelve members one shall be appointed by the Federal Government on full time basis
and five shall be eminent citizens chosen to ensure representation of all provinces with
expertise in media, law, human rights, and social service. Of the five members from the general
public, two members shall be women.
Secretary, Ministry of Information and Broadcasting, Secretary, Interior Division, Chairman,
Pakistan Telecommunication Authority and Chairman, Central Board of Revenue shall be the ex
officio members.
The remaining two members shall be appointed by the Federal Government on need basis on
the recommendation of the Chairman.
Categories of licenses

International and National scale stations;

Provincial scale broadcast;

Local Area or Community based Radio and TV Broadcast;

Specific and specialized subjects;

Distribution services; and

Uplinking facilities including teleporting and DSNG.
Terms and conditions of license:
License is obtained through bidding. Applicant will ensure preservation of the sovereignty,
security and integrity of the Islamic Republic of Pakistan; ensure preservation of the national,
cultural, social and religious values and the principles of public policy as enshrined in the
Constitution of the Islamic Republic of Pakistan; ensure that all programmes and
advertisements do not contain or encourage violence, terrorism, racial, ethnic or religious
discrimination, sectarianism, extremism, militancy, hatred, pornography, obscenity, vulgarity
or other material offensive to commonly accepted standards of decency and comply with rules
made under this Ordinance.
After getting the license, they will broadcast programs in the public interest, as indicated by the
Government, but the authority is bound that the duration of such mandatory programs do not
exceed ten per cent of the total duration of broadcast or operation by a station in twenty-four
hours except if a station chooses to broadcast such content for a longer duration.
Licensee will comply with the codes of programs and advertisements approved by the Authority
and appoint an in-house monitoring committee, under intimation to the Authority, to ensure
compliance of the Code. They will not broadcast or distribute any program or advertisement in
violation of copyright or other property right.
Licensee will have to obtain NOC from Authority before import of any transmitting apparatus
for broadcasting, distribution or teleporting operation
They will not sell, transfer or assign any of the rights conferred by the license without prior
written permission of the Authority.
Duration for consideration of the application for a license
The Authority shall take decision on the application for a license within one hundred days from
the receipt of the application.
Criteria for evaluating license application
Applications for the grant of a license shall, in the first instance, be short listed by using the
following criteria; namely:

economic viability;

technical competence;

financial capability;

credibility and track record;

extent of Pakistani share in ownership;
License Expiry
The license shall be deemed to have been withdrawn and cancelled, if the licensee fails to put
into operation the cable TV network station within a period of one year from the date of its
issuance.
Exclusion of monopolies
Authority will make sure that no person shall be entitled to the benefit of any monopoly or
exclusivity in the matter of broadcasting or the establishment and operation of broadcast
media or distribution service. Undue concentration of media ownership is not created in any
city, town or area and the country as a whole.
License, application, issuance, refusal and validity.
Authority shall hold public hearings in the respective provincial capitals of each Province. Each
application shall be accompanied by such fee as the Authority may prescribe. A license shall be
valid for a period of five, ten or fifteen years subject to payment of the annual fee prescribed
from time to time. The Authority may renew a license on such terms and conditions.
Certain persons not be granted license
A person who is not a citizen of Pakistan or resident in Pakistan; a foreign company organized
under the laws of any foreign government, a company the majority of whose shares are owned
or controlled by foreign nationals or companies whose management or control is vested in
foreign nationals or companies and any person funded or sponsored by a foreign government
or organization.
Types of Programming
The licensee shall provide a suitable proportion of programs and channels of indigenous origin;
The licensee shall abstain from receiving or transmitting ineligible channels and shall be bound
to relay and distribute the compulsory program channels as notified by the Government or by
the Authority, from time to time.
The cable TV operation licensee shall include the national TV broadcast channels, as the priority
serial order channels, at 1 to 5, in the channels distributed by him. The licensee shall provide
basic service transmission channels, including a group of channels as agreed upon by the
operator, to the subscribers in lieu of the basic subscription fee. The group of channels shall
include PTV-1, PTV World, a Quranic channel and an Islamic educational channel.
Programming Mix
The FM Radio and TV Broadcast Station Licensee shall include a diversified mixture of programs,
with not less than 90 percent share of indigenous Pakistani origin programs, in his broadcasts.
While chalking out the programming mix, Licensee shall uphold national identity and generally
focus on education, entertainment, sports, Science and Technology, environment, health,
population welfare, agriculture and such other subjects of local interest.
The Licensee of FM stations may broadcast local news and re-broadcast news and current
affairs programs of the national broadcasters, i.e. Pakistan Broadcasting Corporation and the
Pakistan Television Corporation. The programs on religion shall be limited to the Qirat,
translation, Seerat-un-Nabi and Hmdo-Na'at only.
Advertisement Time
The maximum period of an advertisement break during Prime Time, that is, between 1900 to
2200 hours Pakistan Standard Time shall not be more than 2 minutes to a minimum of ten
minutes of program.
The Licensee shall pay to the Authority 5 % of the gross revenue receipts for airing the
advertisements.
Programming Content
The licensee shall maintain a record and register of the programs being broadcast by him and
shall preserve the programs aired or distributed, on audio or as the case may be on the video
tapes, at least for a period not less than thirty days.
Council of Complaints
Authority will form Councils of Complaints at Islamabad, the Provincial capitals and also at such
other places as the Federal Government may determine. This council will receive and review
complaints against any aspects of programs broadcast or distributed by a station. Chairperson
and five members being citizens of eminence from the general public at least two of whom
shall be women will comprise this council.
The Councils shall have the powers to summon a licensee against whom a complaint has been
made and call for his explanation regarding any matter relating to its operation. The Councils
may recommend to the Authority appropriate action of censure, fine against a broadcast or CTV
station or licensee for violation of the codes of program content and advertisements
Prohibition of broadcast media or distribution service operation
The Authority shall by order in writing, giving reasons therefore, prohibit any broadcast media
or distribution service operator from broadcasting or re-broadcasting or distributing any
program or advertisement if :
It is against the ideology of Pakistan or
Is likely to create hatred among the people
Is prejudicial to the maintenance of law or order
Is likely to disturb public peace and tranquility
Endangers national security
Is pornographic, obscene or vulgar or is offensive to the commonly accepted standards of
decency
Engaging in any practice which amounts to abuse of media power by harming the legitimate
interests of another licensee or other person.
Power to authorize inspection
A broadcast media station or distribution service premises shall, at all reasonable times, be
open to inspection by an authorized officer and the licensee shall provide such officer with
every assistance and facility in performing his duties. The authorized officer shall, within fortyeight hours of the inspection, submit his inspection report to the Authority.
Power to vary conditions, suspend or revoke the license
Authority has the power to suspend and ultimately revoke the license if the licensee has failed
to pay any fee (Suspend, contravened any provision of this Ordinance, if licensee has failed to
comply with any condition of the license (Revoke). If licensee is a company, and its shareholders
have transferred a majority of the shares then its license will be revoked.
Authority may vary any of the terms and conditions of the license where it deems that such
variation is in the public interest.
Appeals
Within thirty days of the receipt of such decision or order, prefer an appeal can be made to the
High Court.
Offences and penalties
Any broadcast media or distribution service operator or person who violates any of the
provisions of the Ordinance shall be guilty of an offence punishable with a fine which may
extend to ten million rupees
If they repeat the violation or abetment, such person shall be guilty of an offence punishable
with imprisonment for a term which may extend to three years, or with fine, or with both.
Where the violation is made by a person who does not hold a license, such violation shall be
punishable with imprisonment for a term which may extend to four years, or with fine, or with
both, in addition to the confiscation of the equipment used in the commission of the act
Whosoever damages, removes, tampers with or commits theft of any equipment of a broadcast
media, will be punishable with imprisonment which may extend to three years, or with fine, or
both.