AI prohibited practices
Prevention of Electronic Crimes Act 2016, child pornography offence
Prevention of Electronic Crimes Act 2016, s. 22 (Act No. XL of 2016)Prevention of Electronic Crimes Act 2016
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived 2024. Publisher's page: https://pakistancode.gov.pk/pdffiles/administrator6a061efe0ed5bd153fa8b79b8eb4cba7.pdfIn force since . Binds public and private bodies.
What this law does
Section 22(1) makes it an offence to intentionally produce, offer, make available, distribute, or transmit through an information system, or procure for oneself or another, or without lawful justification possess, material in an information system that visually depicts a minor engaged in sexually explicit conduct, a person appearing to be a minor engaged in such conduct, a realistic image representing a minor engaged in such conduct, or that discloses the identity of the minor.
Clause (c), covering a realistic image representing a minor engaged in sexually explicit conduct, is not limited to a photograph of a real child and on its own terms reaches a realistic computer-generated or AI-generated depiction. The offence carries imprisonment for a term which may extend to fourteen years and may extend up to twenty years, and a fine of not less than one million rupees.
The Criminal Laws (Amendment) Act 2023 substituted that penalty in section 22 for imprisonment for a term which may extend to seven years or a fine which may extend to five million rupees, or both. That Act provides that it comes into force at once. Subsection (2) lets an aggrieved person, or a minor's guardian, apply to the Authority for removal, destruction, or blocking of the material. The Act's own commencement clause says that it comes into force at once without naming a day.
Section 5(1) of the General Clauses Act, 1897 provides that a Central Act not expressed to come into operation on any particular day comes into operation on the day on which it receives the assent of the President. The Gazette of Pakistan, Extraordinary, of , which publishes the Act, records that it received the assent of the President on . The Pakistan Code's text of the Act is dated beneath the Act number.
What it requires