A Critical Analysis On The Criminalization Of Cyber Harassment In The Context Of Pakistan

Abstract

In developing countries, where the law already necessities immediate reforms to counteract the existing delinquencies, the parallel existence of the ‘online world’ or the ‘cyber space’ mostly remained ungoverned and few parts of it, became breeding grounds for promoting violence, abuse and hate against the female gender, including but not limited to, women activists, journalists, bloggers, celebrities, public figures. This violence, hate and intolerance, which often morphed into real life consequences for these women, can be categorized as ‘cyber harassment’or broadly as ‘cyber crimes’ and this research paper aims to provide a classification of cybercrimes against women and the domestically adapted counter measures including and not limited to the Electronic Transaction Ordinance 2002’, the Prevention of Electronic Crimes Act 2016 ,the Qanun-e- Shahadat Ordinance 1984 , Pakistan Penal Code 1860 , Criminal Procedural Code are highlighted with discussions that whether the existing laws are sufficient to deal with cybercrimes against women. The limitations and the inefficiencies in the existing legislation have been highlighted. Furthermore, this research will come up with certain recommendations and suggestions for the revision of the existing laws or codification of a new law to ensure the safety and well-being of women in the online world or the cyber space. It is also particularly emphasized that, there exists is no universally applicable singular law available to protect victims of harassment, violence, hate, discrimination within the cyber space but the guidelines from CEDAW law can be adopted by the international community as well as Pakistan to formulate new laws, amend the existing ones, for ensuring the protection of the invaluable right of ‘freedom of expression’ for women in cyber space or the online world.