National Level
Constitution of Pakistan, 1973
The Constitution of the Islamic Republic of Pakistan, being the supreme law, guarantees the elimination of exploitation and the protection of law as a fundamental right for all citizens under Article 3. It explicitly prohibits all forms of slavery, forced labor, human trafficking, the employment of children under Article 14, and hazardous child labor under Article 11. Furthermore, it ensures equal protection under the law for all citizens and empowers the state to enact special provisions for the welfare of women and children under Article 25. The Constitution also mandates the state to protect families and children under Article 35 and to secure just and humane working conditions, specifically ensuring that children and women are not employed in unsuitable vocations and providing maternity benefits for working women under Article 37(e).
The Pakistan Penal Code, 1860 (PPC) is the main criminal code of Pakistan. There are several provisions in the PPC that are relevant to OCSEA.
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The Prevention of Electronic Crimes Act (PECA), 2016
The Prevention of Electronic Crimes Act (PECA), 2016 contains specific procedural measures that apply to all cybercrime investigations, crimes committed using computer systems and all criminal investigations where digital evidence is required. The Act applies to cases pertaining to OCSEA and is applicable nationwide in Pakistan.
The Criminal Laws (Amendment) Act, 2023, passed in July 2023, made important changes to the PECA 2016 and enhanced the scope of the law, including tougher penalties, improved protection for children, streamlining investigation procedures by allowing police to take cognizance of offences under the PECA, the composition of a joint investigation team and providing protection to victim and witness. It also amended the Qanoon-e-Shahadat regarding the admissibility of witness statements taken by the court through modern devices or techniques, including video calls, viber, skype, WhatsApp, facebook, etc.
The amendments to the PECA 2016 contain important additions to the definitions. of harmful content, non-sexual child abuse and sexually explicit conduct. Firstly, the age of a “child” has been defined as a person under the age of eighteen. Secondly, the term “child sexual abuse content” is now defined to include depictions of a child engaged in real or simulated sexually explicit conduct or the depiction of a child’s body parts for primarily sexual purposes. Additionally, the definition of “sexually explicit conduct” has been broadened to include a range of real or simulated activities, including various forms of sexual intercourse, bestiality, masturbation, sadistic or masochistic abuse and lascivious exhibition of certain body parts.
PECA 2016: OCSEA Offences and Penalties
The PECA, 2016 also includes number of other sections that may be associated with OCSEA cases, including unauthorised access to information systems or data (“Section 3”), unauthorised copying or transmission of data (“Section 4”), electronic fraud (“Section 14”), making, supplying or obtaining devices for use in offences (“Section 15”), defamation (“Section 20”), special protection of women (“Section 21”), spamming (“Section 25”) and spoofing (“Section 26”), offences committed in relation to information systems (“Section 27”), expedite preservation and acquisition of data (“Section 31”), Retention of traffic data (“Section 32”), Powers of an authorised officer (“Section 35”), Dealing with seized data or information system (“Section 36”), unlawful on-line content (“Section 37”), real-time collection and recording of information (“Section 39”). |
Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguard) Rules, 2021
The Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules, 2021 were established to enforce Sections 37 and 51 of the Prevention of Electronic Crimes Act (PECA), 2016. These sections authorize the Pakistan Telecommunication Authority (PTA) to create regulations for blocking and managing online content on social media platforms. According to these provisions, content can be blocked or removed if the PTA believes it undermines the honor or interests of Islam, national defense, security, or integrity, public order, decency, or morality. This also applies to content related to contempt of court or the commission or encouragement of offenses concerning data protection or cybercrime.
The Rules define social media as various online platforms that allow users to create accounts or public profiles to post and share user-generated content or enable multiple users to generate content viewable by others. Notably, this definition excludes PTA licensees unless they specifically offer social media services. A social media company that fails to adhere to the PTA’s directives for blocking unlawful online content could face a substantial penalty of up to 500 million rupees. Furthermore, Section 3 of the Rules outlines specific instances where content removal is permitted under Section 37 of PECA 2016, potentially leading to the blocking of online material that violates decency and morality, particularly if it constitutes an offense under Sections 292, 293, 294, and 509 of the Pakistan Penal Code, which address obscenity and insulting women. Service providers and social media companies are also mandated to implement systems for the immediate blocking of live-streamed content related to terrorism, hate speech, pornography, incitement to violence, and threats to national security upon receiving notice from the PTA.
Service Providers Liability National legislation concerning online child sexual abuse material (CSAM) and illegal content presents a conflict regarding the obligations of service providers. While the Prevention of Electronic Crimes Act (PECA), 2016 does not mandate proactive monitoring, blocking, or reporting of CSAM by service providers like ISPs, the Removal and Blocking of Unlawful Online Content Rules, 2021 introduce requirements for immediate blocking of online streaming, including pornography, and the provision of information to investigative agencies. However, these rules appear to contradict Section 38(5) of PECA, 2016, which explicitly states that service providers have no obligation to proactively monitor or inquire about hosted or transmitted content, thus creating ambiguity regarding their liability and responsibilities in addressing illegal online material. |
Given the significant intersection between the online and offline worlds, it’s important to recognise that various laws may apply to protect victims and hold perpetrators accountable in some cases of OCSEA, including:
The Anti-rape (Investigation and Trial) Act, 2021
The Anti-rape (Investigation and Trial) Act, 2021 was enacted to ensure expeditious redressal of rape and sexual abuse crimes concerning women and children. It establishes special investigation teams and special courts to facilitate efficient procedures, speedy trials, evidence collection, and related matters, emphasizing the need for swift justice in such cases. Section 2(b) and 2(k) define the subjects of the Act as women and children under 18, regardless of gender, in cases involving offenses listed in Schedule II, specifically referencing sections of the Pakistan Penal Code (PPC) 1860 and the Prevention of Electronic Crimes Act (PECA) 2016.
Prevention of Trafficking in Persons Act, 2018
The Prevention of Trafficking in Persons Act (PTPA), 2018 aims to prevent trafficking in persons especially women and children. Section 3(1) of the Act specifies that any individual who engages in activities such as recruiting, harbouring, transporting, providing, or obtaining another person for compelled labour or commercial sex acts through the use of force, fraud, or coercion commits this offence. The prescribed punishment for such offences includes imprisonment for a period of up to seven years, a fine of up to one million rupees, or both. Moreover, if the offence of trafficking in persons is perpetrated against a child or a woman, the severity of the penalties increases. In such cases, the perpetrator is subject to imprisonment for a term not exceeding ten years, with a minimum sentence of two years, a fine of up to one million rupees, or both.
Federal and Provincial Level
The following section outlines the Federal and Provincial legislative frameworks governing Child Online Protection in Pakistan.
Province | Legislation combating COP | Reference to Law | Explanation |
Islamabad Capital Territory | Section 2(1)(t) | Defines “sexual abuse and exploitation” as inducing or coercing a child into unlawful sexual activities, encompassing child pornography, prostitution, trafficking for sexual exploitation, and the sale of children for sexual purposes. | |
Section 5(a), (b) | A child in need of protection and care includes those facing abuse or exploitation under their guardians, or those who are unattended, victims, child laborers, begging, imprisoned with their mother, or living in harmful environments. | ||
Section 6 | Establishes an Islamabad Capital Territory Child Protection Advisory Board. | ||
Section 8 | Empowers the Board to take necessary actions to fulfill the Act’s objectives, including advising the government on child protection matters, ensuring coordination, managing information systems, regulating caregiver organizations, and submitting annual reports, as well as performing other functions and delegating powers as needed. | ||
Section 10 | Establishes Child Protection Institutions. | ||
Section 11 | A Child Protection Institution is mandated to receive reports of children needing protection, assess their care requirements, request services, maintain case records and data, track child abusers, and perform related protective actions. | ||
Section 16 | If a child care plan identifies a significant risk of harm, abuse, or exploitation if the child remains with their current caregiver, an immediate court application for the child’s care and placement in alternative care is mandatory, overriding Section 15 (Consent of the parents or guardian). | ||
Section 18 | A Child Protection Officer is authorised to take an unattended child into care or remove a child from their current caregiver if there’s reasonable cause to believe the child needs care, must inform the parents/guardian immediately, place the child with a caregiver for interim care, and apply to the court for an Emergency Protection Order within 24 hours; the child cannot be returned home before an initial assessment, and removal from family cannot exceed three days without a court order in exceptional circumstances. | ||
Punjab | Section 3(k), Section 3(k)(v) | A “destitute and neglected child” suffers deprivation of basic necessities and/or is at risk of exploitation through exposure to immoral or explicit acts. This includes both actual deprivation and foreseeable risk of such exploitation. | |
Section 5 | Mandates the government to establish the Child Protection and Welfare Bureau. | ||
Section 16 | Mandates the government to establish the Child Protection Unit. | ||
Section 20 | Mandates the government to establish the Child Protection Institutions. | ||
Section 22 | Mandates the government to establish the Child Protection Court. | ||
Section 2(r) | Defines “violence” as any offense against an individual’s physical autonomy, encompassing acts like domestic, sexual, psychological, and economic abuse, as well as stalking and cybercrimes. | ||
Section 4 | Mandates the government to establish Violence Against Women Centres (VAWC) and shelters for survivor support. | ||
Section 5 | Mandates District Women Protection Committees for district-level case monitoring and women’s welfare oversight. | ||
Section 6 | Establishes Women Protection Officers as essential for enforcing protection orders and providing support, thus driving the Act’s practical application. | ||
Section 7-9 | Outlines court-issued orders for domestic violence survivors: protection orders, residence orders, and monetary orders, covering restraining, housing, and financial support. | ||
Sindh | Sindh Children’s Act, 1955 | Section 56 | Inducing or promoting seduction, immoral behavior, or prostitution of girls under 18 years old is punishable by two years of imprisonment. |
Section 57 | Seducing a minor (under 18) through immoral conduct is punishable by imprisonment up to two years and/or a fine. | ||
Section 2(c) | A “child in need of special protection measures” encompasses any child subjected to violence, abuse, exploitation, forced labor, trafficking, drug misuse, armed conflict, lack of care, HIV/AIDS, or who is missing or kidnapped. | ||
Section 3 | Mandates the government to establish the Sindh Child Protection Authority. | ||
Section 16 | Mandates the government to establish the Child Protection Unit. | ||
Section 20D | Mandates the government to establish the Child Protection Court. | ||
Section 5 | Defines “domestic violence” as encompassing gender-based and other forms of physical or psychological abuse, specifically including sexual abuse under s.5(i), perpetrated against minors or other vulnerable persons within a domestic relationship. | ||
Section 11-12 | Outlines court-issued orders for domestic violence survivors: protection orders, residence orders, and monetary orders, covering restraining, housing, and financial support. | ||
Khyber Pakhtunkhwa | Section 2(e) | Defines a “child at risk” as a child needing protection, encompassing those facing various vulnerabilities like poverty, abuse, exploitation, or lack of parental care. This includes children in specific circumstances such as homelessness, involvement in illegal activities, or those abandoned or orphaned. | |
Section 2(f) | Defines “child pornography” as creating, allowing the creation of, possessing, or distributing obscene or sexually explicit visual or digital depictions of minors, including those computer-generated or modified to appear as such. | ||
Section 3 | Mandates the government to establish the Khyber Pakhtunkhwa Child Protection and Welfare Commission. | ||
Section 9 | Mandates the government to establish the Child Protection Unit. | ||
Section 12 | Mandates the government to establish the Child Protection Institutions. | ||
Section 15 | Mandates the government to establish the Child Protection Court. | ||
Section 20 | Empowers Child Protection Officers to rescue at-risk children, below 18 years of age, requiring court presentation within 24 hours, except when the child is with a parent/guardian, in which case a court report is initially mandated, and unless the child is begging or an alleged victim of parental/guardian abuse. | ||
Section 44 | Criminalizes non-parental caregivers who willfully harm, neglect, or expose a child to suffering, including physical assault, inadequate care, or psychological abuse, face up to three years imprisonment and a fine of up to fifty thousand rupees. | ||
Section 50 | Criminalizes the seduction of a child for sexual activity or exposure to explicit material, with penalties of up to ten years imprisonment and a two million rupee fine. This includes both completed acts and attempts. | ||
Section 53 | Penalizes sexual abuse offenses, ranging from two to ten years imprisonment, or life imprisonment, and a fine up to five million rupees | ||
Khyber Pakhtunkhwa Domestic Violence (Prevention and Protection) Act, 2021 | Section 2(p) | Defines “violence” broadly, encompassing physical, psychological, emotional, and economic abuse, explicitly including sexual abuse. This definition extends to related offenses like assault, harassment, and criminal intimidation, all inclusive of sexual abuse. | |
Section 4 | Mandates the government to establish a District Protection Committee in each district. | ||
Section 14-15 | Outlines court-issued orders for domestic violence survivors: protection orders, residence orders, and monetary orders, covering restraining, housing, and financial support. | ||
Balochistan | Section 5 | Defines a child in need of protection as one experiencing or at serious risk of physical, mental, or sexual violence, neglect, maltreatment, or exploitation while under the care of a parent, guardian, or caregiver. | |
Section 6 | Mandates the government to establish a Child Protection Commission. | ||
Section 11 | Mandates the government to establish a District Child Protection Unit in each district. | ||
Balochistan Domestic Violence (Prevention and Protection) Act, 2014 | Section 4(l) | Defines domestic violence broadly, encompassing intentional physical or psychological abuse, including sexual abuse, against vulnerable persons within a domestic relationship. | |
Section 8-10 | Outlines court-issued orders for domestic violence survivors: protection orders, residence orders, and monetary orders, covering restraining, housing, and financial support. | ||
Section 14 | Mandates the government to establish a District Protection Committee in every tehsil. |
The proliferation of information and communication technology has unfortunately provided offenders with increased opportunities and advanced methods to identify, target, groom, and exploit children. While Pakistan made positive strides in 2023 by amending the Prevention of Electronic Crimes Act (PECA) 2016 to more comprehensively address offenses against Online Child Sexual Exploitation and Abuse (OCSEA), the effective implementation and enforcement of these legal provisions require further strengthening. Despite governmental efforts to ban and block websites featuring pornographic content, such material remains readily accessible through alternative online platforms and virtual private networks. Furthermore, a significant gap exists in the legal framework as there is no explicit provision to exempt children from criminal liability for sharing Child Sexual Abuse Material (CSAM), even when they are coerced into doing so within abusive contexts. This lack of protection could deter child victims from reporting such incidents due to fear of prosecution, potentially allowing perpetrators to exploit this legal ambiguity for blackmail and further abuse.
The Punjab Protection of Women Against Violence Act, 2016, is neither childcentred nor child-sensitive. It is recommended to rely on child protection laws that cater to children only. Furthermore, the protections currently provided in provincial and federal child protection laws are too often based on the institutionalisation of victims, which is not in the best interests of the child. There is a need to strengthen efforts to reform alternative care in each province in line with international standards. Additionally, there is an urgent need to notify the outstanding child protection policies in all provinces of the country to guide and structure the state’s response to OCSEA.
Acknowledgement: Sidra Haya Ali-Qazalbash, Policy and Legal Advisor at Obun2.