The government has proposed the creation of the National Forensics and Cybercrime Agency (NFCA) to address cyber and digital crimes in Pakistan, as part of its ongoing efforts to overhaul the country’s digital laws.
The move is part of a broader initiative to reform Pakistan’s cybercrime laws. Just a day before, proposed changes to the country’s cybercrime legislation were revealed, including provisions that could lead to prison sentences of up to seven years, with fines raised to Rs2 million for violations.
In a separate development, reported last week that the government is planning extensive changes to the Prevention of Electronic Crimes Act 2016 (PECA). These changes would establish a new authority with the power to block online content, restrict access to social media, and prosecute individuals spreading ‘fake news.’
State Minister for IT and Telecom, Shaza Fatima Khawaja, confirmed these plans, emphasizing that the amendments aim to “address concerns regarding misinformation,” with a review currently underway.
National Forensics and Cybercrime Agency: Overview
The draft for the NFCA Act, 2024, proposes the formation of the agency under the Interior Ministry in Islamabad. The NFCA is expected to have a nationwide presence, with the potential to establish offices in other regions of the country.
This new agency is intended to replace the existing National Forensic Science Authority, transforming it from a project into a regular department. The NFCA will act as the central coordinating body for both conventional and digital forensics, as well as cyber forensics across Pakistan.
Cybercrime is defined in the draft as criminal activities conducted online or using digital technologies, involving computers, networks, and electronic devices. This includes cyber fraud, hacking, cyber espionage, terrorism, online harassment, cyberbullying, cyber extortion, and cyber warfare, among other offenses.
The draft also outlines that the NFCA will be tasked with providing critical forensic support to Islamabad Capital Territory, Azad Jammu and Kashmir, and Gilgit-Baltistan as a first-tier agency. Additionally, it will function as a second-tier reexamination body for all forensic agencies and law enforcement labs across the country.
Key Responsibilities and Structure
One of the main responsibilities of the National Forensics and Cybercrime Agency will be to gather conventional, digital, and cyber forensic evidence from crime scenes for examination. It will also provide expert opinions to the courts and other authorities on forensic matters.
The NFCA will also include a law department tasked with identifying weaknesses in the legal framework surrounding conventional, digital, and cyber forensics. This department will propose amendments to existing laws or even introduce new ones to address emerging challenges in digital crimes.
The agency will be led by a director general, who must possess qualifications in cybersecurity, artificial intelligence, information security, forensics, and information technology. The NFCA will also have a board of governors, which will include the Interior Minister as chairperson, the Interior Secretary as vice-chairperson, and other key members from government departments and intelligence agencies, such as the ISI, Military Intelligence, Intelligence Bureau, and the police chiefs of Islamabad, AJK, and GB.
Legal Immunity and Future Implications
According to the draft, any actions taken under the proposed act will be immune from judicial review, meaning that no civil or criminal proceedings will be initiated against individuals or authorities, including the government, in connection with actions conducted in good faith under the NFCA.
The proposed National Forensics and Cybercrime Agency is set to play a crucial role in Pakistan’s evolving approach to cybercrime. However, the creation of this new agency, along with the proposed amendments to PECA, raises significant concerns about government overreach, privacy, and the regulation of online content. These developments are likely to have lasting implications for freedom of expression and digital rights in Pakistan.
