Cyber Laws In Pakistan: Bridging The Gap Between National And International Standards

Abstract

The concept of law has always been considered a social institution, serving as a responsive mechanism to address evolving social exigencies. This foundational principle finds resonance in the renowned proclamation of an esteemed American jurist who articulated, "I am content to conceive of law as a social institution designed to fulfill societal exigencies..." (Introduction to the Philosophy of Law). In contemporary times, as humanity witnesses unprecedented technological innovations and advancements, while these developments undoubtedly enhance human convenience, they also engender profound concerns regarding data security and privacy infringement. Concurrently, in the face of burgeoning challenges such as climate change and the complexities posed by artificial intelligence, the peril of cyber-attacks emerges as a formidable threat that demands heightened attention from governmental bodies and international entities alike. Hence, it behooves states to recognize cyber-attacks as a pivotal concern meriting substantial regulatory and strategic responses to safeguard the integrity of digital infrastructures and preserve individual privacy rights amidst the escalating digital landscape.

The paper provides an overview of the current status of cyber laws in Pakistan and their enforcement mechanisms. It highlights key legislative frameworks such as the Federal Investigation Agency Act and the Prevention of Electronic Crimes Act, along with their strengths and weaknesses in addressing cybercrimes. The paper also compares Pakistan's legal landscape with that of the United States and the European Union, noting disparities in development and implementation. It emphasizes that in a country like Pakistan, where a concerning number of laws are archaic and outdated, a decent overhaul of the existing laws is necessary to protect citizens' privacy and data. By the end of the study, the paper aims accentuate the potential flaws in the Pakistani cyber law framework and attempt to do a comparative analysis with more developed countries such as the United States and certain European countries.