New Draconian Defamation Law in Pakistan: Legislation of Black Era

The contentious defamation legislation, which restricts press freedom, became provincial law in Punjab. Acting Governor Malik Ahmad Khan, a member of the PML-N, approved the bill while the Pakistan People’s Party PPP-nominated Governor Sardar Saleem Haider was on leave on this occasion, despite having previously promised consultations on the Punjab Defamation Act 2024.

The law, which had already faced significant criticism from journalists, civil society organizations, and the opposition, quickly found its way to the Lahore High Court (LHC). Two journalists filed a joint petition challenging its legality.

The petition requested the Lahore High Court to strike down the defamation law, arguing that it violated the fundamental rights of citizens protected by the Constitution of the Islamic Republic of Pakistan. Journalists Riaz Ahmad Raja and Jaffar Ahmad Yar, who filed the plea, contended that with two existing legal instruments—the Defamation Ordinance 2002 and the Punjab Defamation Act 2012—it would have been more appropriate to amend the existing laws rather than introducing entirely new legislation.

The petition stated that the definitions of “journalist” and “newspaper” in the disputed law were vague, irrational, and ambiguous. According to the petition, the law allows for the initiation of defamation claims without any proof, which is a clear violation of Article 10-A (fair trial) of the Constitution. The petition argued that it is absurd and unconstitutional to permit a person to bring a claim of defamation without any evidence.

The petition stated that the law provided two different procedures for hearing claims against private individuals and public office holders, raising concerns about the fairness, impartiality, and equality clauses of the Constitution.

It further argued that removing the impugned Act from the umbrella of the law of evidence enabled the special tribunal constituted under this law to conduct “summary trials,” which would be a clear violation of the right to a fair trial.

According to the petition, a trial based on affidavits filed by the litigant parties, as is practiced in family law cases, cannot be considered a fair trial since the defamation law entails penal consequences. The petition asked the court to declare that the impugned law violates the fundamental rights enshrined in the Constitution.

After the bill was passed by the assembly last month amid significant criticism, the governor, a Pakistan People’s Party member, indicated that he would send the bill back to the provincial assembly for further consultations due to the backlash from the journalist community. However, Governor Sardar Saleem Haider departed for Dubai, paving the way for Acting Governor Malik Ahmad Khan to sign the controversial bill into law. The journalist community strongly objected to this move, accusing the PPP of conspiring with the PML-N government over the legislation.

A statement issued by the Lahore Press Club (LPC) noted that while the PPP had expressed reservations about the controversial bill, the governor’s actions suggested the party was “working hand in glove with the government.” LPC President Arshad Ansari remarked that the governor went abroad without sending the bill back to the assembly, which “gives the impression” that the PPP was “opposing the law just for point-scoring.” He added that the journalists had previously rejected the law and would continue to do so.

A joint action committee of provincial and national journalist organizations, in a meeting at the Lahore Press Club, decided to boycott the coverage of the federal and provincial budget sessions to express their displeasure towards the law. They also resolved to avoid official events of the Punjab government and its allies. The committee planned to organize protest rallies and processions against the bill.

The participants of the meeting decided to pursue legal action against the controversial bill. It was unanimously agreed that, in addition to the parties in the government coalition, other political parties, human rights organizations, and bar councils would be consulted to form a united front against the said bill.

The committee also decided to approach the United Nations and international human rights organizations to oppose the controversial law. Meanwhile, the PPP attempted to counter the perception of its involvement in enacting the legislation, with its leader Hassan Murtaza claiming that the PML-N took advantage of the governor’s absence to sign the bill.

Mr. Murtaza stated that the party would soon convene a meeting to address the matter, emphasizing that the PPP was not in collaboration with the government on the issue of defamation law.

The Punjab Provincial Assembly has passed the Punjab Defamation Act of 2024 despite protests from journalists, opposition politicians, and widespread criticism for its ‘draconian’ provisions. The International Federation of Journalists (IFJ) and its affiliate, the Pakistan Federal Union of Journalists (PFUJ), condemn the bill’s passage, highlighting its potential to be weaponized against critics of the government. They urge provincial and national authorities to uphold press freedom.

Under the approved bill, defamation is defined as a civil wrong, allowing victims to act “without proof of actual damage or loss.” Special tribunals, consisting of members selected from a shortlist provided by the Chief Justice of the Lahore High Court, are required to adjudicate cases within six months of their registration. Significantly, any allegations against individuals holding ‘Constitutional Offices’ will be heard by the high court. Only one meeting was held between provincial leadership and media stakeholders before the bill was presented and passed without incorporating any feedback.

The bill proposes fines of up to PKR 3,000,000 (approximately USD 10,750), with potential ‘punitive damages’ that could reach ten times that amount. In addition to fines, tribunals would have the authority to compel offenders to issue apologies and to suspend or block the social media accounts or media platforms through which the defamatory content was published.

Over 80 civil society organizations have rejected the bill as a ‘gross infringement’ of basic rights, while the Human Rights Commission of Pakistan (HRCP) has expressed grave concerns over the bill.