Cyberstalking and Harassment: Exploring Examples and Case Law in Pakistan

In the digital age, the rise of technology has brought both convenience and challenges. One concerning challenge is the prevalence of cyberstalking and harassment, which can have serious legal implications. This article delves into the definitions, examples, and relevant case law of cyberstalking and harassment in Pakistan, shedding light on the legal framework surrounding these issues.

Understanding Cyberstalking and Harassment

Cyberstalking involves the persistent and unwanted pursuit of an individual through digital communication channels. Harassment, on the other hand, encompasses a range of behaviors that cause emotional distress, fear, or discomfort to the victim. When these actions are carried out online, they fall under the realm of cyber harassment.

Examples of Cyberstalking and Harassment

1. Unwanted Messages and Threats Sending a barrage of threatening or explicit messages to an individual, causing emotional distress and fear for their safety.

2. **Doxing:** Sharing private or personal information about someone online without their consent, leading to potential harm or harassment.

3. **Non-consensual Sharing of Intimate Content:** Distributing explicit photos or videos of someone without their consent, commonly known as “revenge porn,” with the intent to humiliate and harass.

4. **Impersonation:** Creating fake social media profiles to impersonate someone, tarnishing their reputation and causing confusion.

5. **Stalking and Tracking:** Using GPS tracking or monitoring tools to keep tabs on an individual’s physical location or online activities without their knowledge or consent.

Case Law in Pakistan

1. **State vs. Haseeb Ullah:  In this case, the accused was found guilty of using Facebook to threaten, harass, and blackmail the victim. The court held that online threats and harassment are equally punishable as physical threats under the law.

2Shakeel Ahmed vs. The State:** The court ruled in favor of the victim, who faced online harassment and intimidation through text messages and calls. The case established that online harassment is not exempt from legal consequences.

3. **Muhammad Naeem vs. The State:** The accused created fake profiles of the victim on social media platforms and posted defamatory content. The court emphasized that such actions are a breach of an individual’s right to privacy and can be prosecuted under cyber laws.

Legal Provisions in Pakistan

The Prevention of Electronic Crimes Act 2016 encompasses provisions to combat cyberstalking and harassment. Section 21 specifically addresses the offense of cyberstalking, while Section 24 addresses cyber harassment. These sections stipulate penalties for those found guilty, including fines and imprisonment.

Cyberstalking and harassment are alarming issues in today’s interconnected world. Understanding their definitions, recognizing examples, and being aware of relevant case law is essential. In Pakistan, the legal framework is in place to tackle these offenses and protect individuals from online harm. By raising awareness, enforcing existing laws, and encouraging responsible digital behavior, we can contribute to a safer online environment for everyone.