Cyberbullying
Introduction
i. Cyberbullying is the use of digital platforms ( social media, messaging apps, websites, emails, gaming, etc.) to harass, threaten, humiliate, or target someone.
ii. Unlike traditional bullying, cyberbullying can happen 24/7, spreads quickly, and often leaves a permanent digital footprint.
Forms of Cyberbullying
1. Harassment:
Repeated sending of offensive, rude, or insulting messages.
2. Cyberstalking:
Continuous monitoring, threats, or blackmail online.
3. Outing/ Doxing:
Sharing someone's private information without consent.
4. Impersonation:
Pretending to be someone else online to damage reputation.
5. Exclusion:
Deliberating excluding someone from online groups.
6. Trolling:
Posting inflammatory or hurtful comments to provokes someone.
7. Meme/ Shaming:
Using memes, edited pictures, or videos to humiliate.
Effects of Cyberbullying
i. Psychological:
Anxiety, depression, loss of self-esteem.
ii. Social:
Isolation, poor relationships, loss of trust.
iii. Educational/ Work:
Decline in performance, absenteeism.
iv. Extreme:
Self-harm or suicidal thoughts in severe cases.
Cyberbullying Laws in Pakistan
Cyberbullying is punishable under the Prevention of Electronic Crimes Act (PECA), 2016.
Relevant Sections:
i. Section 20
Offences against dignity of a person ( humiliations, fake profiles, immoral content).
ii. Section 21
Offences against modesty of a natural person ( images' videos, sextual harassment).
iii. Section 24
Cyberstalking.
iv. Section 25
Spoofing
v. Section 26 - 29
Unauthorized use of identity, images, or personal data.
Penalties:
Up to 3 years imprisonment and/ or fines up to Rs. 1 million ( depending on offence).
How to Report Cyberbullying in Pakistan
i. FIA Cybercrime Wing (Federal Investigation Agency).
ii. Helpline
1991
iii. Online complaint portal
www.nr3c.gov.pk
Reported PECA /Cyber-harassment cases ( with citation)
1. Farhan Kamrani v. The State
2018 YLR 329 ( Sindh High Court)
Reported decision applying PECA provision (20, 21, 24) Peshawar High Court
2. Muhammad Usman v. The State
2020 PCrLJ 705 (Faisalabad/ sessions court matter reported in PCrLJ)
Report of a conviction/ sentencing under PECA for online harassment/ blackmail referenced in High Court orders. Peshawar Hing Court
3. Fakhar Zaman v. The State
2023 PCrLJ 496 (Peshawar/ Abbottabad Bench)
Quashment/ bail petitions in PECA matter; judgment available on Peshawar High Court website.
4. Humaira v. State
2019 YLR 2456 ( Lahore High Court)
Cited in commentary as an important LHC decision upholding cyber-stalking/ related PECA convictions.
5. First reported conviction under PECA (Lahore)
Judicial Magistrate Muhammad Amtiaz Bajwa (2018)
Reported by Digital Rights Foundation as the first conviction under PECA.
Useful for historical/ reference context on how courts began applying PECA.
6. IHC/PECA review & jurisdictional rulings
Multiple decisions (e.g., Ashfaq Jutt/ Muhammad Ayyaz Bin Tariq etc.)
Islamabad High Court judgments (PDFs available on IHC site; e.g. Ashfaq Jutt order 11 May 2022; Muhammad Ayyaz Bin Tariq Jan 9, 2024).
These decisions discuss scope of PECA, limits of FIA investigation, and procedural safeguards.
7. Sindh High Court / various bench orders on PECA offences
Several SHC order sheets and judgments (2023-2025) addressing Sections 20, 21, 24 and bail/ charge questions.
These are bench-level judgments that lay down procedural practice for PECA trials.
8. High Court decisions referring to PCrLJ /YLR reported PECA precedents
Multiple HC orders (2018- 2024) citing reported entries such as 2018 PCrLJ 408, 2018 PCrLJ 1667, 2020 PCrLJ 1652 when deciding bail or quash petitions.
9. Authorities & Constitutional Litigation re:
PECA amendments ( IHC strikes down PECA Ordinance 2022)
Islamabad High Court (order 8 April 2022)
Constitutional order striking down the 2022 PECA Ordinance.
Important constitutional ruling often relied upon in academic articles and case law discussions about PECA's scope.
10. Rana Muhammad Arshad v. Pakistan
Discussion/ summary at Columbia Global Freedom of Expression project)
A petition dealing with abuse of PECA against journalists and public functionaries; useful for academic reference to reported constitutional petitions.
Section 20 PECA ACT
Offences against dignity of a natural person
i. Whoever intentionally and publicly exhibits or displays or transmits any information through any information system, which he knows to be false, and intimidates or harms the reputation or privacy of a natural person, shall be punished with imprisonment for up to three years, or fine up to one million rupees, or both.
ii. This section is often used in cases involving defamation via electronic means.
Section 21.
Offences against modesty of a natural person and minor
i. This section deals with use of electronic systems to share or transmit sexually explicit content, or to threaten, blackmail or extort, or to induce a natural person into a sextual act, or to intimidate with sextual content, etc. This includes cases involving minors.
Section 24.
Cyberstalking
i. This section criminalizes cyber stalking: repeatedly and persistently contacting someone, or posting private or personal data/photos without consent, or otherwise harassing or intimidating a person though information system.
ii. Punishments under Section 24 including up to three years' imprisonment, or a fine up to one million rupees, or both. If minors are involved, punishments may be greater.
Section 25
Spamming
Section 25 covers offences relating to spam/ unsolicited messages/misleading or fraudulent commercial communication etc.
Details on exact punishments: imprisonment, fines or both; often lower severity than e.g. cyberstalking
Section 26.
Spoofing
" Spoofing" refers to the act, with dishonest intention, of establishing a website or sending any information with counterfeit source, intended to be believed by the recipient or visitor to be authentic.
ii. It is punishable by up to three years' imprisonment, or a fine up to five hundred thousand rupees, or both.
Section 27.
Legal recognition of offences committed in relation to information system
i. This section provides that offences under PECA ( or under other laws) committed via electronic or information systems are legally recognized; such offences shall not be denied enforcement merely because they are committed through information systems.
ii. Also, the definition of "property" in laws creating offences shall include information systems and data.
Section 28.
Application of Pakistan Penal Code (PPC),1860
I. The sections of PPC apply to offences under PECA as well, to the extent they are not inconsistent with anything in PECA. So general penal provisions still work in support of PECA.
Section 29.
Procedure etc.
Section 29 is about procedure: it provides that law-enforcement/ investigating agencies empowered under PECA shall carry out their duties & functions according to the procedure detailed in the Criminal Procedure Code, 1898(CrPC), unless the Act explicitly states otherwise.