Legislation sought to combat cybercrimes against women

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2014-09-30T02:26:13+05:00 Shehla Ambreen

islamabad
In Pakistan, despite a large online population estimated at some 32 million users, there is hardly any legal progress towards establishing a legal regime to comprehensively counter cybercrime and ensure unfettered access to cyberspace.
Social, economic, religious and cultural reasons for violence are entrenched in Pakistani society where this deficit has increased the instances of technology-based violence against women. Speakers expressed these views at the launch of a country report on “Technology Driven Violence Against Women” by a human rights organisation ‘Bytes for All here’ on Monday.
Presenting the highlights of report Gul Bukhari, manager gender programme Bytes for All, said that role of police was terrible when it came to reporting tech based harassment cases directed towards women, as they didn’t take it seriously.
She narrated case study of an under 16 rural school-going girl who was videotaped which was later circulated among many people in the village through Bluetooth and also placed on Facebook causing incessant shame for the family. Her labourer father was blackmailed for money and her elder sister, a schoolteacher, was forced to quit the job.
In another case study, speaking about self assumed title of the female victim as Bayhaya who conducted a campaign in response to a narrative pertaining to a social issue, Bukhari said that backlash of the campaign resulted in people labelling her of blasphemy, which is punishable by death in Pakistan.
The third case study titled “Baghi” was about an urban educated resourceful lady who could not defend herself against cyber defamation campaign. She survived an attempt on her life through shooting and could not do anything against the perpetrators despite being influential.
“Online harassers avail impunity because there is no mechanism to trace them and no one is brought to justice.  There is no mechanism on Pakistan Telecommunication Authority’s website to report online violence against women.  Parliament can play a key role by making amendments to existing statutes to apply to cyber-sphere in Pakistan,” Bukhari said.
Senator Afrasiab Khattak, chairman of the Senate Human Rights Committee, said in post communication revolution, it was crucial to enhance media laws to look into the issues of violence. “We need to catch up with the world and push for cybercrime legislation in collaboration with civil society,” he stressed.
Naeem Ahmad Mirza, COO Aurat Foundation, disclosed that the contrary forces counter any attempt or effort to combat violence against women on any platform.
He emphasised that section 509 of sexual harassment could become effective if linked to Federal Investigation Agency’s (FIA) electronic law.
He further elaborated that during the last parliamentary year nine bills were promulgated.
Hassan Mangi, representing Ministry for Human Rights, suggested that to attend this issue, a joint platform should be formed consisting ministries of IT and Interior and other potential stakeholders.
The research study recommended amendments to the existing violence against women laws to bring cyber space within their jurisdiction and formulate new cybercrimes statute, which should be limited to new offences that include cyber-harassment, cyber-stalking, spoofing, spamming, invasion of privacy and hacking.
It further suggests that new cybercrime statute should devise a special court for cybercrimes with an additional sessions and district judge appointed specifically for this purpose.
The special cybercrime court should also be the warrant issuing court under the Investigation for Fair Trial Act 2012. Moreover, enhancing the role of police and FIA and provision of one window facility, especially for the women, was also suggested so that victims may not become a rolling stone.

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