ISLAMABAD: In a significant move, the government on Wednesday re­­pealed the rules of the National Cyber Crime & Investigation Authority (NCCIA), a body established earlier this year to investigate cybercrime, internet-related matters, and data protection.

However, confusion surrounded the functioning of the NCCIA throughout the day, as media reports claimed that the federal cabinet had approved its rules, while a notification from the interior ministry stated that the rules for the cybercrime body had been repealed.

A senior interior ministry official confirmed to Dawn the NCCIA rules had indeed been repealed, but it remains unclear whether the government intends to dissolve the authority altogether, or is preparing fresh rules for it.

Media reports indicated that the federal cabinet had approved rules for the cybercrime body, aimed at tightening regulations against those involved in spreading fake news, harassment, and cybercrimes. The cabinet reportedly approved these rules through circulation.

Okayed by caretaker govt, National Cyber Crime & Investigation Authority was notified by govt earlier this year

Under the proposed rules, convicted individuals could face imprisonment of five to 10 years.

The NCCIA was established in May this year, and reports suggested it was expected to become functional. With the establishment of the NCCIA, the cybercrime wing of the Federal Investigation Agency (FIA) was set to be wrapped up, but was given a year to operate, until the NCCIA became fully operational.

When contacted, senior officials at the Prime Minister’s Office expressed ignorance about the approval of NCCIA rules, suggesting it might have been done through circulation.

Information Minister Attaullah Tarar also stated he was unaware of any such move and promised to check with relevant quarters and provide an update, but did not respond.

A subsequent notification issued by the interior ministry confirmed the repeal of the rules.

“The undersigned is directed to refer to Ministry of Information Technology and Telecommunication U.O. No.3-8/2023-Legal dated 24th April, 2024 on the subject cited above and to enclose a copy of Cabinet Division O.M. No.5/5/2024-Progress-II dated 17th October, 2024, along with its enclosure. Federal Cabinet has ratified the decision of Cabinet Committee for Disposal of Legislative Cases (CCLC) made in its meeting held on 25-09-2024, against Case No. CCLC-72/15/2024 dated 25-09-2024 regarding repeal of NCCIA Rules, 2024.

“In view of above, Ministry of Information Technology and Tele­communication is requested for issuance of gazette notification in respect of repeal of NCCIA Rules, 2024.”

The federal government established the NCCIA this year, rendering the FIA’s Cybercrime Wing “defunct”. Information Minister Tarar had previously emphasised the need for ending harassment, including online, and called for a specific authority to address online harassment issues, noting the lack of laws to protect digital rights.

The federal cabinet had approved the NCCIA under the caretaker government in December 2023 to take over cybercrime investigations from the FIA.

As per the initial decision, all existing personnel, assets, liabilities, rights, obligations, privileges, inquiries, and investigations related to the FIA’s defunct Cybercrime Wing were to be transferred to the NCCIA. Existing personnel of the FIA Cybercrime Wing would continue their duties for another year until the NCCIA staff is appointed.

The NCCIA was to be headed by a director general chosen by the federal government for a two-year term, requiring a candidate with at least 15 years of experience in fields such as computer science, digital forensics, cyber technology, law, public administration, information technology, telecommunications, or related areas to address offenses under the PECA Act.

The NCCIA chief would exercise powers akin to an inspector general of police, with the agency’s affairs related to the federal government allocated to the Interior Division. The NCCIA would also serve as the designated agency for international cooperation.

Published in Dawn, October 24th, 2024