Freedom of Information VS Right to Privacy: Cyber Stalking-a Legal Perspective

Abstract

Cyber Stalking is the intimidation or menace to cause distress by blackmailing through the internet and it is a threat to the right of privacy while abusing freedom of information. Cyberstalking is an offense that is exclusively considered a violation of the right to freedom of information. The legislative history ranging from the mandate provided in the Constitution of Pakistan 1973 and by the time-to-time enactment helps to investigate and prove that the concept of limitation on freedom of information is not new. Article 19 of the Constitution of Pakistan gives the grounds on which the state can impose restrictions such as in the interest of the glory or integrity of Islam, security of Pakistan, public order, decency, morality, or incitement to an offence. Moreover, cyberstalking given under section 24 of the Pakistan Electronic Crimes Act 2016 (PECA) provides penalties including detainment and fines. The research is descriptive, as the theoretical framework used to study the concept of cyber stalking law adoption, with special reference to the case laws, is studied with the legislative history. An analytical and critical approach is taken when issues concerning the restriction on freedom of information are discussed providing Pakistan's legal perspective on cyberstalking. Historically, in Pakistan, freedom of information has never been absolute. Thus, criticism drawn over recently promulgated social media rules found no legal ground in the existing legal framework, and it is high time that more emphasis is laid on critically evaluating historical legal aspects before censuring newly promulgated laws.