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Challenges Faced by the Judiciary in Implementing Cybersecurity Laws in Pakistan

Abstract:

This review explores why Pakistan’s courts still struggle to enforce the 2016 Prevention of Electronic Crimes Act and other cyber statutes. It combines a literature review with qualitative comparative analysis to map the gaps and offer reforms. One of the main obstacles identified was the technical capacity of judges and lawyers leading to evidence misinterpreted or ruled inadmissible. Relating to PECA specifically, the author found that there was some legal ambiguity and loosely defined terms that left emerging crimes like ransomware and deep-fake extortion with no explicit provision. There is also major resource and forensic deficits, 95% of digital evidence submissions in 2023 were thrown out on procedural grounds. Systemic issues like case backlog, corruption and bias against certain groups also proved to be a major obstacle. Where Pakistan relies mainly on PECA, the U.S. layers federal and state statutes along with well-funded forensic units further driving the outcome gaps between the two countries. The authors call for intensive judicial training and certification in cyber-evidence handling, equipping modern digital forensic labs, amending PECA to clarify offenses, and a public-private partnership and Computer Emergency Response Team (CERT) coordination to share threat intelligence and improve evidence chains. They also emphasize the effect of public awareness and creating online reporting portals. Legal reform alone is not enough, Pakistan must couple clearer legal statues with capacity building forensic infrastructure and international cooperation.

Author:
Hafiz Abdul Rehman Saleem1, Ali Bukhtiar2, Babar Zaheer3& Muhammad Asad Ullah Farooq
Year:
2025
Domain: ,
Dimension: , ,
Region:
Data Type:
MIT Political Science
MIT Political Science
ECIR
GSS