Prevention of Electronic Crimes Act, 2016 — Section 2: Definitions

2. Definitions.— (1) In this Act, unless there is anything repugnant in the subject or context,

(i)“act” includes

(a)a series of acts or omissions contrary to the provisions of this Act; or

(b)causing an act to be done by a person either directly or through an automated information system or automated mechanism or self-executing, adaptive or autonomous device and whether having temporary or permanent impact;

(ii)“access to data” means gaining control or ability to use, copy, modify or delete any data held in or generated by any device or information system;

(iii)“access to information system” means gaining control or ability to use any part or whole of an information system whether or not through infringing any security measure; 1 [(iv) “Authority” means the Social Media Protection and Regulatory Authority established under section 2A]

(v)“authorization” means authorization by law or by the person empowered to make such authorization under the law: Provided that where an information system or data is available for open access by the general public, access to or transmission of such information system or data shall be deemed to be authorized for the purposes of this Act;

(vi)“authorized officer” means an officer of the investigation agency authorized to perform any function on behalf of the investigation agency by or under this Act; 1 [(via) “complainant” means any person who makes complaint of any offence under this Act and includes a victim, or an individual having substantial reasons to believe that the offence has been committed;” “(vib) “inquiry” includes every inquiry conducted by an investigation agency on a complaint made in writing;]

(vii)“Code” means the Code of Criminal Procedure, 1898 (Act V of 1898) ;

(xi)“critical infrastructure information system or data” means an information system, program or data that supports or performs a function with respect to a critical infrastructure;

(xii)“damage to an information system” means any unauthorized change in the ordinary working of an information system that impairs its performance, access, output or change in location whether temporary or permanent and with or without causing any change in the system;

(xiii)“data” includes content data and traffic data;

(xiv)“data damage” means alteration, deletion, deterioration, erasure, relocation, suppression of data or making data temporarily or permanently unavailable;

(xv)“device” includes,

(a)physical device or article;

(b)any electronic or virtual tool that is not in physical form;

(c)a password, access code or similar data, in electronic or other form, by which the whole or any part of an information system is capable of being accessed; or

(d)automated, self-executing, adaptive or autonomous devices, programs or information systems;

(xvi)“dishonest intention” means intention to cause injury, wrongful gain or wrongful loss or harm to any person or to create hatred or incitement to violence;

(xvii)“electronic” includes electrical, digital, magnetic, optical, biometric, electrochemical, electromechanical, wireless or electromagnetic technology;

(xviii)“identity information” means an information which may authenticate or identify an individual or an information system and enable access to any data or information system;

(xix)“information” includes text, message, data, voice, sound, database, video, signals, software, computer programmes, any forms of intelligence as defined under the Pakistan Telecommunication (Reorganization) Act, 1996 (XVII of 1996) and codes including object code and source code;

(xx)“information system” means an electronic system for creating, generating, sending, receiving, storing, reproducing, displaying, recording or processing any information;

(xxi)“integrity” means, in relation to an electronic document, electronic signature or advanced electronic signature, the electronic document, electronic signature or advanced electronic signature that has not been tampered with, altered or modified since a particular point in time;

(xxii)“interference with information system or data” means and includes an unauthorized act in relation to an information system or data that may disturb its normal working or form with or without causing any actual damage to such system or data;

(xxiii)“investigation agency” means the law enforcement agency established by or designated under this Act;

(xxiv)“minor” means, notwithstanding anything contained in any other law, any person who has not completed the age of eighteen years;

(xxv)“offence” means an offence punishable under this Act except when committed by a person under ten years of age or by a person above ten years of age and under fourteen years of age, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion;

(c)processes or stores data on behalf of such electronic communication service or users of such service; 1 [(xxviiia) “sexual abuse of a minor” shall have the same meaning given to “sexual abuse” in section 377A of the Pakistan Penal Code (Act XLV of 1860);] 2 [(xxviiib) “social media platform” means

(a)any person that owns, provides or manages online information system for provision of social media or social network service; or

(b)a website, application or mobile web application, platform or communication channel and any other such application and service that permits a person to become a registered user, establish an account, or create a public profile for the primary purpose of allowing the user to post or share user-generated content through such an account or profile or enables one or more users to generate content that can be viewed, posted or shared by other users of such platform but shall not include the licensees of Pakistan Telecommunication Authority;]

(xxix)“subscriber information” means any information held in any form by a service provider relating to a subscriber other than traffic data;

(xxx)“traffic data” includes data relating to a communication indicating its origin, destination, route, time, size, duration or type of service; 1 [CHAPTER-1A AUTHORITY