Cybercrime Regulation in Pakistan: An Assessment of the Prevention of Electronic Crimes Act, 2016 and the Role of Law Enforcement Agencies in Comparative Perspective

Abstract

The use of digital technologies has changed the nature of modern societies in many respects, and it has opened up new avenues for cyber criminals to exploit. States are having to establish broad, all-encompassing legal and institutional strategies to prevent, investigate and prosecute cyber-crimes, which are becoming more sophisticated and large in scale. The present study reviews Pakistan's cybercrime legislative framework in detail with a specific focus on Prevention of Electronic Crimes Act, 2016 (PECA) and assesses the contribution of the law enforcement agencies in the enforcement and implementation of the cybercrime laws. The study adopts a qualitative doctrinal and comparative legal research approach and examines the cybercrime regime in Pakistan and its comparison with other legal and institutional frameworks of the United Kingdom, the United States, Singapore and the European Union. The analysis shows that PECA offers a fairly broad legislative response to cyber offences, but there are some barriers to effective implementation today, such as a lack of capacity to conduct digital forensic investigations, a lack of certain types of investigators, jurisdictional problems, institutional coordination issues and a lack of public awareness. The comparative assessment highlights how more developed jurisdictions have developed more advanced solutions, including via the use of dedicated cyber security enforcement bodies, a more forward-looking approach to cyber security, greater international cooperation arrangements and institutional and institutional frameworks. Concluding the study, the researchers argue that good governance of cybercrime needs to be more than just a legislative provision and is facilitated by institutional capacity building, technological investments, professional training and cooperation between nations. The article calls for the modernisation of legislation, strengthening of digital forensic tools, creation of a coordinated national mechanism for handling cybercrimes and implementation of international best practices to make the system more effective against the emerging cyber threats to protect fundamental rights and digital security.