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Govt Abolishes NCCIA, Empowers FIA Cybercrime Wing under PECA 2016

In a move to transfer cybercrime prosecution responsibilities to the Federal Investigation Agency (FIA), the government has dissolved the National Cyber Crimes Investigation Agency (NCCIA), which was established just seven months ago.

Reinstating the FIA Cybercrime Wing’s authority under Prevention of Electronic Crimes Act (PECA), 2016 to act against crimes committed on social media Ministry of Information Technology and Telecommunication has issued a notification confirming the restoration of these powers.

The cybercrime wing can now take action against social media-related offences, reversing an earlier decision to delegate these powers to the NCCIA. The notification clarified that the powers had been restored on October 17.

The NCCIA had been granted authority under IT Ministry rules to tackle social media crimes, including combating fake news. However, objections by the Ministries of Interior and Law had prompted the government to withdraw the powers.

The government has announced plans to establish the NCCIA through a parliamentary act, ensuring a robust legal framework and proper authority for the new agency to combat cybercrimes. Until then, the FIA Cybercrime Wing will continue to address social media offences.

The NCCIA, established in 2023 to address social media crimes, had its operational rules revoked by the federal cabinet approximately two and a half months ago, with the government repealing the rules governing the NCCIA in October this year.

Amid the confusion, the interior ministry clarified that the NCCIA rules had indeed been rescinded. However, it remained uncertain whether the government plans to dissolve the authority entirely or draft new rules to redefine its role.

Earlier media reports suggested that the cabinet approved the NCCIA’s rules via circulation, aiming to tighten regulations against offences like spreading fake news, harassment, and other cybercrimes. The proposed rules included harsh penalties, with convicted individuals facing imprisonment ranging from five to 10 years.

The NCCIA had been established in May, with plans for it to take over cybercrime investigations. It was expected to render the FIA’s cybercrime wing redundant.

However, the FIA Cybercrime Wing has officially been granted authority to take action against crimes committed on social media platforms.  Now cybercrime wing of the FIA would be competent to prosecute  social media platform related crimes under the PECA 2016 after this development.

Author

Khudayar Mohla, Managing Partner Mohla & Mohla, Founder of the Law Today Pakistan,

Managing Partner at Mohla & Mohla - Advocates and Legal Consultants, Islamabad, Founder of The Law Today Pakistan (TLTP) Newswire Service. Former President Press Association of Supreme Court of Pakistan with over two decades of coverage of defining judicial moments - including the dissolution and restoration of Chief Justice Iftikhar Muhammad Chaudhry, Asif Ali Zardari NAB cases, Syed Yousaf Raza Gillani contempt proceedings, Panama Papers case against Mian Nawaz Sharif, matters involving Imran Khan, and the high treason trial of former Army Chief and President Pervez Musharraf. He now practises law and teaches Jurisprudence, International Law, Civil and Criminal Law. Can be reached at: mohla@lawtoday.com.pk

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