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CWA # 1328, 25 May 2024
Pakistan Reader
Defamation Bill in Punjab: Who is opposing it and why?

  Vaneeta

What has happened?
On 20 May, the Punjab assembly passed the Defamation Bill, 2024ill amid protests and opposition from the PTI-backed Sunni Ittehad Council (SIC) and journalists covering the parliamentary proceedings. The bill was tabled by Punjab Finance Minister Mujtaba Shujaur Rehman. Despite journalists’ earlier request for a one-week delay in voting, the PML-N government insisted on proceeding without delay. Further, the bill was passed through a vote without taking into account the objections levelled by the opposition- which had proposed ten amendments. Earlier, the government had refused to send the draft bill to a selected committee comprising opposition members and the bill had been sent for review to the Special Committee-1 due to the absence of standing committees. However, PTI-backed SIC member Rana Shahbaz Ahmad asserted that opposition members of this special committee were absent during the bills vetting process.
 
What is the Defamation Bill?
The Punjab Defamation Bill, 2024 aims to establish legal provisions for addressing defamation in the province of Punjab. This bill defines defamation as the publication or broadcast of false statements that harm an individual’s reputation, encompassing both traditional and modern forms of communication such as social media including WhatsApp, radio, television, and the internet. The bill states that Defamation is a civil wrong, enabling a defamed individual to file a lawsuit under this Act without demonstrating actual harm or financial loss. Once defamation is established in court, it is automatically assumed that the defamed person has suffered General Damages, which means compensation can be awarded without the necessity for further proof of specific damages incurred.
 
To handle defamation claims, the bill mandates the creation of a special tribunal “to try those involved in drafting, publishing and/or airing fake news”.  Members of these tribunals will be appointed by the government in consultation with the Chief Justice of the Lahore High Court (LHC) and must possess relevant legal qualifications, such as being former judges or qualified advocates. The bill also mentions various types of damages that can be awarded, including a minimum of PKR three million in general damages, special damages, and punitive damages that can be up to ten times the general damages in cases of malice or repeated defamation. Additionally, tribunals can award actual costs incurred by the claimant, such as legal fees and witness expenses.
 
The bill also prohibits public comments on ongoing tribunal proceedings to prevent undue influence. Special provisions are included for defamation claims involving holders of constitutional offices, allowing these claims to be filed on their behalf without their direct participation in the proceedings. Overall, the Punjab Defamation Bill, 2024 aims to protect individuals’ reputation by providing an efficient and fair legal process for resolving defamation claims.
 
Why there is opposition to it?
The vehement opposition to the Defamation Bill 2024 stems from several concerns and perceived threats to fundamental rights and democratic principles. Here is a breakdown of their objections:
 
First, the threat to freedom of speech. Many individuals and organizations, regardless of political affiliation, oppose the bill due to concerns about its potential impact on freedom of speech. They argue that the broad scope of the bill and its provisions against defamation could be interpreted and enforced in a way that represses legitimate criticism, dissent, and investigative journalism. This resistance reflects a broader commitment to protecting fundamental rights and democratic principles. The opposition parties’ characterisation of the bill as draconian" reflects their belief that it imposes overly harsh restrictions on freedom of speech and expression reported by The Express Tribune.
 
Second, impact on free expression for media and civil society. Critics of the bill, including journalists, media organizations, and civil society groups, worry about its chilling effect on free expression. They fear that the threat of legal action under the bill could discourage journalists from reporting on sensitive issues or holding those in power accountable. This resistance reflects a desire to safeguard the role of the media as a watchdog and ensure transparency and accountability in governance. Dawn reported that on 21 May 2024, the Joint Action Committee (JAC) and a coalition of approximately 70 media professionals, civil society organisations, and digital rights activists declared their rejection of the Punjab Defamation Bill 2024. They labelled it a 'black law' that severely violates the fundamental rights to freedom of expression and press freedom.
 
Third, concerns about misuse and abuse. Many stakeholders are concerned about its potential misuse and abuse by those in power to silence the voices against them. They argue that the bill's vague language and broad provisions could be exploited to target political opponents, activists, and marginalised communities. Moreover-backed Sunni Ittehad Council (SIC) lawmaker Jam Amanullah was concerned that the law would only benefit the SHOs and ‘shoe-shiners’- a term used for those having close connections with the military establishment. Additionally, Junaid Afzal Sahi, a legislator from the PTI-backed SIC, argued that the law was intended to target his party, especially since the media had already been suppressed noted in Dawn.
 
Fourth, lack of judicial independence. Some critics of the bill express concerns about the lack of judicial independence and impartiality in its enforcement. Senior lawyer Asad Jamal Mr Jamal mentions that the tribunal's establishment procedure undermined judicial independence, as the government controlled appointments, removals, and resignations of members. He also pointed out fairness concerns due to different procedures for private individuals and public office holders. Under the law, the tribunal would handle private complaints normally, but for complaints from public office holders, including military chiefs and superior judiciary judges, it would be replaced by a single-member LHC bench stated in Dawn. This resistance reflects a broader commitment to upholding the rule of law and ensuring the independence of the judiciary.
 
Fifth, failure to address root causes. Opponents of the Defamation Bill 2024 argue that it fails to address the root causes of misinformation and defamation in society. They contend that the bill is redundant given the existing Defamation Ordinance of 2002 and the Punjab Defamation Act of 2012. Instead of introducing a new law, critics believe it would have been more effective to amend and improve the existing legislation.
 
Furthermore, rather than relying on punitive measures, opponents advocate for comprehensive strategies that promote media literacy, fact-checking, and responsible journalism. They assert that tackling the spread of fake news requires a multifaceted approach that respects freedom of expression and encourages critical thinking. This opposition highlights a commitment to addressing misinformation in a way that upholds democratic values and civil liberties.
 
References
Amjad Mahmood, “Amid protests, Punjab Assembly passes defamation law”Dawn, 21 May2024
Rana Yasif, “Defamation bill bulldozed through PA amid fury”The Express Tribune, 20 May 2024
Imran Gabol“Over 80 civil society bodies, journalists reject ‘draconian and regressive’ Punjab Defamation Bill”Dawn, May 21, 2024
Mansoor Malik, Wajih Ahmad Sheikh“Analysis: The defamation conundrum”Dawn, 22May 2024
“Punjab Defamation Bill 2024”Punjab assembly, 13 May 2024
 
About the author: Vaneeta is a postgraduate student at UMISARC-Centre for South Asian Studies at Pondicherry University.

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