To effectively address harassment by mobile loan apps in Pakistan that operate independently of traditional banks, focusing on direct lending and subsequent harassment, here are the relevant legal solutions and processes:
- Complaint with the Federal Investigation Agency (FIA) Cyber Crime Reporting Center:
- File a complaint with the FIA Cyber Crime Reporting Center. This is particularly relevant when loan apps engage in cyber stalking or use electronic means to harass and intimidate borrowers.
- Fakhar Zaman Versus The State and another, 2023 PCr.L J 496, highlights the court’s concern over cyber harassment, especially when electronic means are used for blackmail and extortion.
- Prevention of Electronic Crimes Act, 2016:
- The Prevention of Electronic Crimes Act, 2016, Section 24 describes cyber stalking.
- Section 24: “Cyber stalking. — (1) A person commits the offence of cyber stalking who, with the intent to coerce or intimidate or harass any person, uses information system, information system network, the Internet, website, electronic mail or any other similar means of communication to…”
- The Prevention of Electronic Crimes Act, 2016, Section 20 addresses offenses against the dignity of a natural person.
- Section 20: “Offences against dignity of a natural person. — (1) Whoever intentionally and publicly exhibits or displays or transmits any information through any information system, which he knows to be false, and intimidates or harms the reputation or privacy of a natural person, shall be punished with imprisonment…”
- Criminal_Laws_Amendment_Act_2023, Section 24A addresses Cyberbullying.
- Section 24A: “Cyberbullying.-{1) A person commits the offence of cyberbullying who, with intent to harass, threaten or target another person posts or sends electronic messages, including pictures or videos by using any social media platform, including chat rooms, blogs or instant messaging.”
- The Act applies to offenses committed by any person affecting a person or property in Pakistan, irrespective of where the act takes place.
- The Prevention of Electronic Crimes Act, 2016, Section 1 (4) states, “It shall also apply to any act committed outside Pakistan by any person if the act constitutes an offence under this Act and affects a person, property, information system or data located in Pakistan.”
- BAHLOOL KHAN Versus The STATE (2019 PCRLJ 769) is an example of a case where bail was rejected for offenses under the Prevention of Electronic Crimes Act, 2016, for blackmailing.
- Constitutional Petition in the High Court:
- File a constitutional petition in the High Court under Article 199 of the Constitution of Pakistan if fundamental rights are violated.
- In SARDAR MUHAMMAD Versus GOVERNMENT OF BALOCHISTAN, PLD 2023 Balochistan 27, the court protected the petitioner from police harassment related to a private money lending dispute, reinforcing the importance of adhering to constitutional boundaries and upholding fundamental rights.
- Reporting to PTA:
- Complaints can be registered with the Pakistan Telecommunication Authority (PTA) to block the involved numbers and report the harassing apps.
- Civil Suit for Injunction and Damages:
- File a civil suit seeking an injunction to restrain the loan app from continuing the harassment, and claim damages for the mental distress and financial losses suffered.
- This is supported by Anwar Ahmed v. Messrs NIB Bank Limited and another, 2009 CLC 1141, which clarified that banks should not cause undue harassment during loan recovery and should act according to the law.
Conclusion: To legally counter harassment by mobile loan apps operating independently of traditional banks in Pakistan, borrowers should concentrate on lodging complaints with the FIA Cyber Crime Reporting Center, utilizing the provisions of the Prevention of Electronic Crimes Act, 2016, particularly those addressing cyber stalking, offenses against dignity, and cyber bullying. Additionally, filing constitutional petitions in the High Court and reporting to PTA can provide further protection. Filing a civil suit for injunction and damages can also offer redress for the harassment suffered.