The Punjab Defamation Act, 2024 passed by the provincial assembly has been challenged in the Lahore High Court.
The petition was filed in the Lahore High Court by journalist Jafar Ahmed Yar and Raja Riaz through advocate Nadeem Sarwar. In the petition, the chief minister and Punjab governor through his principal secretary and Punjab government have been made parties.
The petitioner has taken the stance that defamation law violates the Constitution and the law. In presence of the defamation ordinance and the defamation act a new law cannot be made.
The petitioner said the government did not make consultations with the journalists while making new legislation. He said the defamation law was brought in haste to curb freedom of journalists and media.
The petitioner prayed to the court to declare the defamation law null and void and to stop implementation of law till a final decision on the petition.
ACTING PUNJAB GOVERNOR SIGNS DEFAMATION BILL
Meanwhile, Governor House has confirmed signing of the Defamation Bill by Acting Punjab Governor Malik Ahmed Khan.
A summary to this effect has been sent to Ministry of Law for its gazette notification. After issuance of gazette notification, the defamation law will formally come into force in Punjab and would be applicable on every citizen.
The Punjab Defamation Bill, 2024 was passed by the Punjab Assembly last month, which was sent to Governor Punjab Sardar Salim Haider for approval.
The governor refused to sign the bill expressing some reservations. After that the Punjab government held a meeting with Governor Punjab which bore no result.
According to the sources, after the meeting with the Governor Punjab, President Asif Ali Zardari was contacted by the Pakistan Muslim League-Nawaz (PML-N). The President advised the Governor Punjab to go on leave.
Governor Punjab went on leave from June 6 to June 12 after which the Speaker Punjab Assembly Malik Ahmad Khan assumed the charge as Acting Governor and signed the bill the next day (June 7).
WHAT IS PUNJAB DEFAMATION BILL, 2024
The Defamation Bill, 2024 which was presented by Punjab Minister of Parliamentary Affairs Mujtaba Shuja-ur-Rehman was passed by the Punjab Assembly on May 20 amid protests by the opposition and journalist community.
“Subject to the provisions of this Act and any other law for the time being in force, defamation shall be a civil wrong and the person defamed may initiate an action under this Act without proof of actual damage or loss and, where defamation is proved, general damages shall be presumed to have been suffered by the person defamed,” reads the bill.
The bill will also apply to fake news spread through YouTube and social media platforms. Under the law, tribunals will be set up to hear the defamation cases. The tribunals will be bound to decide the case within six months.
According to the Pakistan Muslim League-Nawaz (PML-N) led Punjab government, the bill deals with misinformation on social media platforms including YouTube, TikTok, Twitter, Facebook, and Instagram, allowing defamation cases to be filed against those peddling fake news.
The defamation bill proposes fines of up to Rs3 million for spreading fake news and special tribunals to hear defamation cases, with quick verdicts expected. The bill further specifies that the high court will handle cases involving allegations against individuals holding constitutional posts.
Opposition leader in Punjab Assembly Ahmed Khan Bhachar said that the Defamation Bill, 2024 is a "black law".
He made the remarks after all the amendments proposed by the opposition benches were rejected by the House. During the session, the lawmakers from the opposition benches made a noisy protest and tore copies of the bill.
Journalist leaders were of the view that the government stabbed them in the back after holding negotiation over the bill.
