Case Update Status

The Bill was passed by the Assembly

Summary of Case

On May 13, the Punjab Defamation Bill 2024” was presented in the Punjab Assembly proposing to slap fines and suspend or block the social media account of offenders found guilty of disseminating the defamatory content. The bill was presented by Minister for Parliamentary Affairs Mian Mujtaba Shujaur Rehman, and Speaker Punjab Assembly Malik Muhammad Ahmad Khan referred the bill to the concerned committee. The Punjab Defamation Bill, 2024 envisages legal protection from false, misleading and defamatory claims made via print, electronic and social media against public officials and private citizens. “Where defamation is proved to have occurred, the tribunal may pass an order directing the defendant to tender an unconditional apology, if acceptable to the claimant, and direct the same to be published in the same manner and with the same prominence as the defamatory statement was made, and pay the damages in terms of this Act,” read the proposed bill. It further stated where defamation is proved to have occurred, the tribunal may, in addition to the damages that are decreed and/or direction for tendering an apology, also issue a direction to the relevant regulatory authority to suspend or block the social media account of the defendant, or any other medium or platform covered by the Act through which the defamatory content was disseminated. It was proposed in the bill that the government may establish as many tribunals as it considers necessary to exercise jurisdiction and appoint a member for each of such tribunals, and where it establishes more than one tribunals, it shall specify the territorial limits for such tribunals to use their jurisdiction. A member shall be appointed by the government in consultation with the Chief Justice of the Lahore High Court, and no person shall be appointed as a member unless he has been a judge of the Lahore High Court; or is or has been a district judge or is an advocate of Supreme Court of Pakistan, qualified to be appointed as a judge of the Lahore High Court, stated the bill. The tribunal shall decide the case within one hundred and eighty days from the date of the first appearance of the defendant. The tribunal may grant pre-trial settlement opportunity to the parties by referring the matter for mediation to an accredited Alternate Dispute Resolution (ADR) Centre in the district, if so consented to by both parties. The tribunal may award actual costs, including counsels’ actual fee, legal fees and expenses incurred, expenses relating to witnesses and other costs of litigation, on the basis of sufficient and justifiable reasons. In case of actionable defamation pertaining gender sensitive or minority community related defamation, the request for in camera proceedings may be made, which will be decided by the tribunal on the basis of merits of each case. (The Express Tribune) The Council of Pakistan Newspaper Editors (CPNE) has rejected the bill and termed it a prohibition on freedom of the press and free expression. In a statement issued on May 13, they urged the Punjab government not to present the bill in the assembly without consultations with all stakeholders including CPNE. In a statement issued on May 16, the Joint Action Committee (JAC) of media bodies comprising Pakistan Broadcasters Association (PBA), All Pakistan Newspapers Society (APNS), Council Of Pakistan Newspaper Editors (CPNE), Pakistan Federal Union of Journalists (PFUJ), Association Of Electronic Media Editors and News Directors (AEMEND), expressed ""serious concern"" over the proposed Punjab Defamation Bill 2024 in its current form and the proposed Federal Government “Digital Media Authority”. The media bodies are not against strengthening the defamation laws or regulating digital medial after strengthening defamation laws, but the bill appears draconian in its current form and threatens the fundamental right to freedom of expression. The JAC emphasizes the need for a detailed and purposeful consultation with all stakeholders to address the weaknesses of the proposed bill. The JAC believes that any legislation in this regard must strike a delicate balance between protecting individual rights and upholding the principles of freedom of expression. Therefore, the Joint Action Committee demands that the Punjab government and the Federal Government hold extensive discussions with media organizations, and other stakeholders to thoroughly examine the implications of the proposed legislation on freedom of expression and postpone the passing of the bill in the assembly until then. The JAC remains committed to engaging constructively with the government to ensure that the defamation legislation and code for Digital media if enacted is fair, just, and in line with democratic principles. (JAC Statement- saved on server) ---- PFUJ condemns the move to curtail media freedom. Pakistan Federal Union of Journalists (PFUJ) has strongly condemned the brutal and fascist actions of the Punjab and federal governments aimed at suppressing dissenting voices and curbing media freedom. In a joint statement on Friday, Pakistan Federal Union of Journalists President Afzal Butt, Secretary General Arshad Ansari and Secretary Finance Lala Asad Pathan said that the federal and Punjab governments are hell-bent on imposing fascist laws, which make it difficult for journalists to fulfill their professional duties. will become impossible to perform and wrongdoing will be exposed. Government. It should be noted that the Punjab government has decided to amend the defamation law while the Federal Minister for Defense Khawaja Asif has revealed the government's plan to punish those involved in disseminating any document that is classified as confidential. has gone Asif made it clear that anyone found involved in doing so would face two years in prison. He questioned the reasonableness of amending the defamation law, saying that the country already had enough laws to deal with the question of defamation. Both the PFUJ leaders accused Punjab Chief Minister Maryam Nawaz of taking an authoritarian path. ""Now that journalists are trying to be silenced by fear of high courts, tribunals, fines and arrests, we expect the PPP, which is an ally of the Punjab government, to come forward and speak for freedom of the press. And will raise voice against this law."" "" He said and said that any legislation in this regard should be made in consultation with all stakeholders. PFUJ leaders said the new proposed defamation law, the Punjab Defamation Bill 2024, is stricter than the Defamation Ordinance 2002 enacted by military dictator General Pervez Musharraf. ""The bill has an alarmingly loose definition of defamation and imposes huge financial penalties and complete bans on commenting on ongoing cases. The sole purpose of the bill is to instill fear in everyone. Who is thinking of criticizing those in power or expressing his frustration."" He said that Maryam Nawaz is following in the footsteps of Pervez Musharraf to stop the freedom of media. PFUJ also took exception to Khawaja Asif's statement and said that the defense minister is doing the bidding of unseen forces which have always worked against democracy. ""The PML-N made a mistake in the past by imposing PECA 2016 and is now on a suicidal path by talking about imposing stricter laws on the Secrecy Act and setting up various authorities to control the media and social media. Is."" PFUJ leaders warned that such moves by the government would backfire on the PML-N. ""The laws that the PML-N governments are trying to implement in Punjab and Islamabad will not only disturb them but also millions of Pakistanis. Therefore, the governments should abandon such measures before it is too late. It should be given."" He appealed to all democratic forces and civil society to oppose such government actions. ""We want to make it clear that we will not sit quietly. We will start a nationwide struggle against these fascist plans of the government.

Category of Incident

Censorship

ICCS Status

ICCS Divisions: 0803-Acts related to freedom of expression or control of expression

ICCS Group: 08039-Other acts related to freedom of expression or control of expression

ICCS Class: -

ICCS Crime: Acts related to freedom of expression or control of expression

Reported By

Express Tribune

Date of incident

15

Month

May

Year

2024

Name of affected person

People of Punjab

Other affected persons

-

Name of affected organization

-

Other affected organizations

-

Action by

Government of Punjab

City

Overall Punjab

Province

Punjab

Designation

N/A

Professional category

N/A

Age of victim

N/A

Marital Status

Compensation Details

Amount of compensation announced by government: No compensation was announced

Date of compensation announcement by government: No compensation was announced

Date of compensation paid by government: No compensation was announced

Amount of compensation announced by others: No compensation was announced

Date of compensation announced by others: No compensation was announced

Date compensation paid by others: No compensation was announced

FIR Details

Was FIR registered ?: No

Court Details

Was case investigated ?: No case was presented in any court

Court where case was presented: No case was presented in any court

Name of prosecuting lawyer: No case was presented in any court

Date of first court hearing:

Date of last court hearing:

Status of court case: No case was presented in any court

Journalist Union Status

PFUJ

"PFUJ statement: PFUJ condemns the move to curtail media freedom. Pakistan Federal Union of Journalists (PFUJ) has strongly condemned the brutal and fascist actions of the Punjab and federal governments aimed at suppressing dissenting voices and curbing media freedom. In a joint statement on Friday, Pakistan Federal Union of Journalists President Afzal Butt, Secretary General Arshad Ansari and Secretary Finance Lala Asad Pathan said that the federal and Punjab governments are hell-bent on imposing fascist laws, which make it difficult for journalists to fulfill their professional duties. will become impossible to perform and wrongdoing will be exposed. Government. It should be noted that the Punjab government has decided to amend the defamation law while the Federal Minister for Defense Khawaja Asif has revealed the government's plan to punish those involved in disseminating any document that is classified as confidential. has gone Asif made it clear that anyone found involved in doing so would face two years in prison. He questioned the reasonableness of amending the defamation law, saying that the country already had enough laws to deal with the question of defamation. Both the PFUJ leaders accused Punjab Chief Minister Maryam Nawaz of taking an authoritarian path. ""Now that journalists are trying to be silenced by fear of high courts, tribunals, fines and arrests, we expect the PPP, which is an ally of the Punjab government, to come forward and speak for freedom of the press. And will raise voice against this law."" "" He said and said that any legislation in this regard should be made in consultation with all stakeholders. PFUJ leaders said the new proposed defamation law, the Punjab Defamation Bill 2024, is stricter than the Defamation Ordinance 2002 enacted by military dictator General Pervez Musharraf. ""The bill has an alarmingly loose definition of defamation and imposes huge financial penalties and complete bans on commenting on ongoing cases. The sole purpose of the bill is to instill fear in everyone. Who is thinking of criticizing those in power or expressing his frustration."" He said that Maryam Nawaz is following in the footsteps of Pervez Musharraf to stop the freedom of media. PFUJ also took exception to Khawaja Asif's statement and said that the defense minister is doing the bidding of unseen forces which have always worked against democracy. ""The PML-N made a mistake in the past by imposing PECA 2016 and is now on a suicidal path by talking about imposing stricter laws on the Secrecy Act and setting up various authorities to control the media and social media. Is."" PFUJ leaders warned that such moves by the government would backfire on the PML-N. ""The laws that the PML-N governments are trying to implement in Punjab and Islamabad will not only disturb them but also millions of Pakistanis. Therefore, the governments should abandon such measures before it is too late. It should be given."" He appealed to all democratic forces and civil society to oppose such government actions. ""We want to make it clear that we will not sit quietly. We will start a nationwide struggle against these fascist plans of the government."""

APNS

Not condemned

CPNE

Not condemned

PBA

Not condemned

Media Source Status

Media reports:

Condemn Status

Colleague of victim

N/A

Employer organization

N/A

Press Club Status

Press club 1: No version was needed

Press club 2: No version was needed

Press club 3: No version was needed