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punishable with jail time might not be very far away, As the Electronic Crime Bill
2015 is approved by the National Assembly.
The term cyber crime is used specifically for a crime taking place in the online
world. It does not at all mean a crime which takes place with the help of technology,
as the PEC 2015 implies. By that definition, kidnapping will also be a crime
punishable under the PEC
While the stated objective of the bill is to counter ICT driven crimes in the
country, but most of the provisions aim at shutting down the free
exchange of expression and opinion on the internet. The bill must be
redrafted explicitly to address crimes and not criminalise expression and
associated fundamental rights.
Further, several provisions of the legislation have vague, ambiguous and
broad words which have been drafted loosely leaving too much room for
interpretation. In an environment where the rule of law is as such
compromised such legislations will pave the way for rights abuse. These
complications will ultimately result in backlogs of cases adding to the
strain of trial courts as well as the apex court. Similarly, the complex and
ambiguous language would also create great difficulties for the common
person using the internet as there is an uncertainty of what acts would
constitute an offence.
For instance, the bill in Section 2 talks about misuse of digital gadgets and
unauthorized access to information under Sections 3 to 8. Section 9
criminalises glorification of crime and Section 10 declares cyberterrorism as an offence. Offences against dignity and modesty of natural
persons and minor under sections 18 and 19, as well as cyber-stalking
and spoofing under sections 21 and 23, are also vague. None of these
terms have been clearly defined and as a result can be interpreted to
include many things and, and anything should the State choose to
criminalise a particular act or person.
More particularly, the bill criminalises the production, distribution and use
of encryption technology under Sections 13 and 16. This provision
compromises freedom of expression and privacy of individuals. Especially
when commenting on political, religious and social issues that may be