Using Criminal Law to Tackle Cyber Harassment:

Online harassment is slowly becoming a reality for many in Pakistan, particularly women. Initially considered a “lesser” form of harassment, since it's criminalization under the Prevention of Electronic Crimes Act 2016, there has been a shift in perception but not necessarily prevention. This paper seeks to explore whether the criminalization of online harassment as an effective solution to the problem at hand: at a theoretical, substantive law and implementation level. This paper employs the feminist framework to posit that while criminal law is important in addressing online harassment, online harassment should be addressed through a hybrid of laws and legal strategies, ranging from civil law remedies, sex discrimination approaches and constitutional law rather than from the exclusive lens of criminal law. The reason for this is that criminal law comes with its unique set of challenges and can, at times, be limited in its ability to address problems that stem from systemic social causes.

Shmyla Khan is the Project Manager of the Cyber Harassment Helpline at Digital Rights Foundation (DRF). DRF is a not for profit that works on issues of online freedom of expression, right to privacy, access to ICTs and gender. The author has completed her LLB from the Lahore University of Management Sciences (LUMS) and her LLM from the University of Michigan, Ann Arbor.