Section 13 (cyberstalking) of (lxxii 2007) is a Knock of luck for online community

by S.J.Tubrazy*

Instinctively man always tries to scare others to quench his threats of deprivations; where ever he finds its interests he tries to achieve them by hook or crook. To scare others for someone ill will not always been very easy task except the victim itself express it fear, conversely direct assault always required blind valor and fearlessness on the victim. The evolution of advance technology has made it easy to harass, threat or stalk live and directly being immaterialized.

Simply the process of harassing, threatening or intimidating behavior through internet, electronic mail or other similar means of communication is called cyber stalking, in very general term stalking tenders to harassing or threatening behavior that an individual engaged in frequently towards another person.

Stalking is still managing by the traditional laws of tort through remedies of injunctions (under the code of Civil Procedure Code 1908 for temporary injunctions and Specific Relief Act for other injunctions) could not be one of the remedies a victim of stalking may have against the stalker in the cyber world where every one is online.

Prevailing impacts of cyber stalking could not be managing by the traditional laws and procedure, the civil liabilities could not discourage and culminate the criminal mentality and criminal activities successfully that why in the advanced countries where internet and the means of communication are inevitable special laws have been enacted, to getting the same step for secure the mental serenity and privacy of online community Pakistan has enacted the Prevention of Electronic Crime Ordinance 2007 where in the section 13 comprehensibly elucidate the cyberstalking which is reproduced as under;

13. Cyber stalking

    (1).Whoever with intent to coerce , intimidate, or harass any person uses computer, computer network, internet, network site ,electronic mail or any other similar means of communication to. –
      (a). communicate obscene, vulgar, profane, lewd, lascivious , or indecent language, picture or image;

      (b). make any suggestion or proposal of an obscene nature;

      (c). threaten any illegal or immoral act;

      (d). take or distribute pictures or photographs of any person without his consent or knowledge;

      (e). display or distribute information in a manner that substantially increases the risk of harm or violence to any other person, commits the offence of cyber stalking.

    (2). Whoever commits the offence specified in sub-section (1) shall be punishable with imprisonment of either description for a term which may extend to seven years or with fine not exceeding three hundred thousand rupees, or with both:

    Provided if the victim of the cyber stalking under sub-section (1) is a minor the punishment may extend to ten years or with fine not less than one hundred thousand rupees, or with both.

The Section 13 of Prevention of Electronic Crime Ordinance 2007 expansively engulf the cyberstalking but its all upon the proper enforcement and understanding of the Ordinance, the method of the cyber stalking is the acts of threatening and flinging dire consequence which obvious of the stalker’s obsession behavior for the victim. Stalking normally starting by normal polite expression of deep love for the victim which gradually become severe and intense and very often this obsession behavior got the stage of abnormality which may result of different way to express the feelings that depends upon the psyche of stalker.

A number of key factors have been indentified, CyberAngels has written about how to identify cyberstalking (source:

False accusations. Many cyberstalkers try to damage the reputation of their victim and turn other people against them. They post false information about them on websites. They may set up their own websites, blogs or user pages for this purpose. They post allegations about the victim to newsgroups, chat rooms or other sites that allow public contributions.

Attempts to gather information about the victim. Cyberstalkers may move toward their victim's friends, family and work colleagues to obtain personal information. They may advertise for information on the Internet, or hire a private detective. They often will monitor the victim's online activities and attempt to trace their IP address in an effort to gather more information about their victims.

Encouraging others to harass the victim. Many cyberstalkers try to involve third parties in the harassment. They may claim the victim has harmed the stalker or his family in some way, or may post the victim's name and telephone number in order to encourage others to join the pursuit.

False victimization. The cyberstalker will claim that the victim is harassing him.

Attacks on data and equipment. They may try to damage the victim's computer by sending viruses.

Ordering goods and services. They order items or subscribe to magazines in the victim's name. These often involve subscriptions to pornography or ordering sex toys then having them delivered to the victim's workplace.

Online stalkers try to find out the IP address, server location, personal mail address and even the victim’s home address. The internet analysts observe that more than 90% mater involve in the stalking is love and gross strength of the stalkers is always male and victims are female. The analysts also observe that there are some similarities ands as well as differences when put side by side the cyberstalking and real world stalking. In real world stalking, in a famous case Bumett v. George 1992 IFLR 525 the plaintiff has been subject to a series of assault, unwanted visits, damage to her house telephone threats and telephone calls at unsocial hours, the court of appeal granted an injunction prohibiting the defendant from entering her property and from assaulting, molesting or interfering with her calculating to impair her health.

In the world of cyber neither the acts of stalker are certain nor the stalker may be locate easily nor the victim is even aware with this fact that he is going to be the victim of cyber stalking. In the cyber world every one is supposed to be online and the online community could not be secure and save except to design the definite online code of conduct which may fix the civil and criminal liabilities. The Prevention of Electronic Crime Ordinance 2007 may knock the luck of online community and the online community can crop fruits of mental peace, security and advantages of advance technology of communication by enacting these cyber laws.

*(Author: Mr S.J.Tubrazy is practicing lawyer in Pakistan)

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