LHC to hear petition challenging Punjab Defamation Act 2024

LAHORE: The Lahore High Court (LHC) is set to hear a petition aimed at declaring the Punjab Defamation Act 2024 invalid on Friday (today).

Justice Amjad Rafiq will preside over the proceedings, where the request, brought forth by journalists, will be considered.

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The petition was filed by the President and Secretary of Lahore Press Club. The plaintiffs challenged the validity of the defamation act. Lawyers representing journalists Khawaja Tariq Rahim and Azhar Sadiq are expected to present arguments during the hearing.

The plea argued that defamation goes against both the law and the constitution of Pakistan. It claimed that such legislation poses a threat to the basic rights of journalists and citizens alike.

The petition argued that the constitution of Pakistan acknowledged the fundamental right of citizens to freedom of expression, which is essential for upholding a democratic society and civil liberties. There is no place for such laws in the civilised world.

The plea also stated that existing laws such as article 19 and 19a, Prevention of Electronic Crimes Act, 2016 (PECA laws), and the Journalists Protection Act suggest that the defamation act is discriminatory. It argued that legislation targeting a specific class violates the principles outlined in the constitution.

The petition argued that defamation falls under federal jurisdiction, and provinces lack the authority to legislate on it. It asserted that the constitution and the laws of the country, along with Supreme Court decisions, safeguard journalists from disclosing their sources.

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The petition concluded by urging the court to declare the defamation law unconstitutional and nullify its existence.

Key provisions of the Punjab Defamation Act 2024

As per the act’s wording, the “Punjab Defamation Act 2024” establishes provisions to address “defamation” and related matters in the province. It mandates that defamation is a civil wrong, allowing citizens to initiate actions without the need to prove actual damage.

Defamation is defined by the act as encompassing “false statements” made through various mediums, including social media, that harm a person’s reputation or expose them to contempt or hatred.

The act outlines defenses available in defamation proceedings, such as “truthfulness, fair comment, privilege”, and “consent”. It grants absolute privilege to statements made in legislative or judicial contexts, as well as those under governmental authority.

A Punjab “defamation tribunal” is established under the act to adjudicate defamation claims, composed of “qualified” persons appointed by the government in consultation with the Chief Justice of the LHC. The tribunal would follow a summary procedure, providing a quick resolution within 180 days of the defendant’s appearance. The act’s provisions are made for “mediation” and cost allocation in the proceedings.

The act stipulates that the jurisdiction of the tribunal supersedes that of other courts or tribunals in defamation matters within Punjab’s territorial limits. It allows for claims to be filed by holders of constitutional offices through “authorised representatives”, ensuring continuity in proceedings despite changes in officeholders..

The filing process for a claim under the act requires a concise statement of “facts and damages” sought, supported by affidavits from at least two witnesses and relevant documents. Copies of these documents must be submitted to the tribunal.

The claim should specify the amount of general, special, and punitive damages sought. The defendant is served summons through various means, including registered post, email, and publication, and is entitled to a copy of the claim.

The act strictly prohibits any commentary on pending proceedings, imposing fines for violations. Defendants need to obtain a leave to defend within thirty days of their first appearance before the tribunal, presenting a written statement containing rebuttals and substantial questions of law and fact.

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Under the act, special provisions are made for claims involving women or minority community members, including access to legal representation and the possibility of in-camera proceedings upon request. Upon failure of the defendant to obtain leave to defend, the tribunal is allowed to pass a preliminary decree of general damages. This can be executed without separate proceedings.

The act also says the person making the claim has to prove it, and it explains what happens if the accused person doesn’t show up to the court.

As per the act’s wordings, legal protection against false and damaging claims made through various media is also available. It ensures quick resolution of cases and penalises false claims. If defamation is proven, the tribunal can order the defendant to apologise and pay damages, and even suspend or block social media accounts involved.

According to the act, the government has the authority to create rules for the act’s implementation, and it repeals the Defamation Ordinance, 2002. The act claims to “safeguard” people and public officials from false claims that “harm” their reputation and privacy.