LHC Issues Notices on Challenge to Punjab Defamation Act 2024
On September 25, the Lahore High Court (LHC) issued notices to the Punjab government and other relevant parties in response to a petition challenging the controversial Punjab Defamation Act 2024. The petition, filed by Punjab Union of Journalists (Workers) President Ziaullah Khan Niazi, contends that the law violates constitutional protections of basic human rights.
The then-acting governor of Punjab, Speaker Punjab Assembly Malik Muhammad Ahmad Khan, officially signed the contentious Defamation Bill 2024 into law on June 8. Passed by the Punjab Assembly on May 20, the law targets the spread of misleading and factually incorrect news reports across various media platforms. Under the law, fines could be imposed, and social media accounts could be blocked for those found spreading defamatory content.
The Lahore High Court, led by Justice Amjad Rafiq, issued notices to the Punjab government and other respondents, asking them to present their responses to the petition. Barrister Harris Bhatti, representing the petitioners, argued that the law is unconstitutional and crafted to silence public criticism. He emphasized that the Act violates fundamental human rights, particularly freedom of speech and the right to a fair trial. One of the primary objections raised was against the provision allowing fines of up to Rs3 million before a trial, which Bhatti described as a violation of due process. The petition also pointed out that the law permits the government to control defamation tribunals, compromising their independence.
At a prior hearing, Advocate General of Punjab (AGP) Khalid Ishaq argued that no actual proceedings had been initiated under the law, and that the petitioners were merely speculating on potential consequences. He clarified that no tribunals had been formed nor rules framed under the Act, and emphasized that no aggrieved party had yet filed any defamation complaints. Ishaq contended that the petitioners’ fears were hypothetical and premature
On June 11, the LHC temporarily suspended key sections of the Punjab Defamation Act 2024 pending a detailed ruling on its constitutionality. Justice Muhammad Amjad Rafiq presided over the session, which resulted in the suspension of Sections 3, 5, and 8 of the law.
The suspension followed a petition filed by journalists Jaffar Ahmad Yar and Riaz Ahmad Raja, who questioned the legal foundation of the Act. They argued that the law infringes on fundamental freedoms, such as speech and judicial independence, while providing the government unchecked authority to suppress dissent.
The petition, originally filed by Advocate Nadeem Sarwar, further criticized the vague definitions of terms like “journalist” and “newspaper” in the law, arguing that they create room for arbitrary enforcement. The petitioners also raised concerns over Section 12, which prohibits comments during ongoing proceedings, and Section 13, which allows preliminary decrees and fines without trial.
The judge adjourned further hearings until September 30, allowing time for both sides to present their arguments. Justice Rafiq has already ruled that any proceedings under the Punjab Defamation Act 2024 will depend on the final court decision on the pending petitions.
The Act was passed without stakeholder consultations and allows for the establishment of special tribunals to address “fake news,” with the power to impose fines of up to Rs 3 million and block social media accounts. Pakistan Press Foundation highlighted the lack of clarity, transparency, and consultation in the drafting and approval of the bill, pointing out the potential for misuse against journalists and media professionals. PPF had called for meaningful consultations with relevant stakeholders before further amendments or legislation were passed.
Source: Pakistan Press Foundation