ISLAMABAD: In the wake of ongoing digital law reforms, the government has put forward a proposal for the establishment of the National Forensics and Cybercrime Agency (NFCA) to address cyber and digital crimes, as well as related investigations. The proposal, outlined in a draft law reviewed by Dawn.com on Thursday, is part of a broader push to overhaul the nation’s cybercrime legislation.
This move comes shortly after the government proposed significant revisions to the country’s cybercrime laws, including increased penalties. The new measures suggest that offenders could face up to seven years in prison, along with fines reaching up to Rs 2 million.
Earlier this week, it was reported that the government was considering sweeping changes to the Prevention of Electronic Crimes Act (Peca) 2016. These changes include the creation of a new regulatory body with the power to block online content and social media accounts, as well as prosecute individuals spreading ‘fake news’. State Minister for IT and Telecom, Shaza Fatima Khawaja, confirmed that the amendments were under review to address concerns about misinformation.
The proposed NFCA, as detailed in the draft for the NFCA Act 2024, would operate nationwide and fall under the jurisdiction of the Ministry of Interior in Islamabad. The agency could also establish offices across the country.
The NFCA is designed to be an upgrade to the existing National Forensic Science Authority, transitioning from a project-based entity to a full-fledged department. It will act as the central body for coordinating conventional, digital, and cyber forensics at a national level.
Cybercrime, as defined in the draft, encompasses criminal activities carried out through the internet or digital technologies, including cyber fraud, hacking, cyber espionage, online harassment, cyber extortion, and cyber warfare, among others. The document also highlights the issue of deepfakes—digital media altered using AI to mislead or defame individuals.
Under the proposed legislation, the NFCA would provide expert forensics support to Islamabad Capital Territory, Azad Jammu and Kashmir, and Gilgit-Baltistan as primary regions, while serving as a secondary reexamination body for other forensic agencies and law enforcement across the country.
The agency’s mandate will also include establishing a legal department to identify weaknesses in the existing legal framework affecting digital and conventional forensics, and to propose necessary amendments or new laws. Another key responsibility of the NFCA will be to gather and analyze forensic material from crime scenes and provide expert opinions to courts and other authorities.
The NFCA would be led by a director general with expertise in cybersecurity, artificial intelligence, forensics, or information technology. The agency’s governing board would include top officials from various sectors, including the interior minister as chairperson, along with representatives from intelligence agencies, law enforcement, and other relevant bodies.
A provision in the draft ensures that any actions taken by the NFCA under the proposed law cannot be challenged in court, offering protection to the agency and the government from civil or criminal proceedings if undertaken in good faith.
