Ict policies in Developing Countries: An Evaluation with the Extended Design‐Actuality Gaps Framework

5.4
Legal Framework 
Design: The ICT policy recognized the need to develop a legal framework and regulatory 
environment that protects the interests of investors while providing socio-economic 
development opportunities for citizens. A number of steps were proposed such as telecom 
convergence and deregulation policies, cyber laws and intellectual property rights. Plans were 
also made towards recognizing the legal value of digital records and digital signatures.
 
Actuality: One of the major accomplishments in this area was the successful formulation and 
execution of telecommunication convergence and deregulation policy. The end of monopoly 
in the ICT sector allowed new businesses to emerge and invest in Pakistan. The constitutional 
and legal support for the establishment of Pakistan Telecommunication Authority, Pakistan 
Electronic Media Regulatory Authority, National Database and Registration Authority, 
Software Export Board at national level, e-government directorate and IT Boards at 
provincial levels have proven to be effective vehicles in advancing government’s ICT 
policies. The cyber laws ordinance became law in December 2007 and software anti-piracy 
plans were introduced and widely communicated. 
 
Gaps: Several gaps can be observed in the execution of this dimension. Lack of priorities and 
frequent changes in the operating regime of the ICT industry has created problems of 
compliance for service providers. Software anti-piracy rhetoric has been visible in slogans 
alone and little efforts have been made toward prosecuting commercial interests that pirate, 
market and benefit from software piracy. This situation has not only curbed revenues for 
international software providers such as Microsoft and Oracle but also hampered local 
software industry’s ability to produce software for local needs. This is one of the reasons that 
the software industry in Pakistan has only focused on developing business outside of 
Pakistan. Similarly, cyber laws became an avenue to restrict electronic media’s ability to 
report on government by barring photography on public property without consent. A lack of 
legal framework and protocols for data sharing within government bodies that allow the use 
of digital records for prosecution and defense were also pointed out by the research