Muhammad Akbar Khan
m.akbar@iiu.edu.pk
Today, a large number of population in Pakistan consumes digital content such as apps, online games, videos or music downloads software or e-books etc. Although exact number of users of digital content are harder to come by but there are almost 30 million internet users of digital content in Pakistan. Despite its large scale consumption unfortunately at present there is no proper law on the subject in the country that provides adequate protection to the consumers of digital content. Sometime the digital content, bought by a consumer, causes greater harm to his other data that result great loss. Most of the countries have promulgated laws on the subject but no initiative can be seen in Pakistan for making such a law. In Pakistan various laws provide protection to the consumers in transactions of goods and services such as Sale of Goods Act, 1930, Islamabad Consumer Protection Act, 1995, NWFP Consumer Protection Act, 1997, Punjab Consumer Protection Act, 2005, Balochistan Consumer Protection Act, 2003 and Sindh Consumer Protection Ordinance, 2007. However, under the existing regime, it is not clear in terms that whether digital content falls in the category of goods or services. It is also not mentioned anywhere in the said laws that if a digital content causes damage to the other data whether or not the manufacturer, supplier or retailer can be held responsible for such loss. Due to its importance and day by day increase of digital content in modern times it is proposed that there should be a proper legislation on the subject that ensures adequate protection for the consumers of digital content. In order to protect rights of the digital-content consumers, all contracts for digital content should include an implied term guaranteeing the safety, quality of the digital content and fitness for the purpose. The consumers should be entitled to refunds or other remedies for defective or poor quality content. Issues related piracy of such products should also be given due consideration in the proposed legislation. Though it is possible that the purpose may be achieved through amendment in the existing laws but it is highly recommended that a new legislation should be enacted on the subject as there are many loop holes in the current consumer laws such as lack of harmony and analytical inconsistency among them. There should be a national policy which should be followed by promulgation of laws in all provinces for the protection of digital content consumers. Organizations in Pakistan that work for the protection of consumers should also give due consideration to the issue of digital-content and spread awareness among the masses for the need of such a law. This law in long run will not only protect consumers but also producers and businesses dealing in digital content product. It is, therefore, highly recommended that government should take keen steps in formulating concrete national policy on the subject and making laws for the protection of the consumers of digital content.
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