Punjab Assembly passes Defamation Bill 2024

LAHORE: Amid strong protest from the opposition benches, the Punjab Assembly on Monday passed the ‘controversial’ Defamation Bill 2024, aimed at curbing the spread of fake news across print, electronic, and social media platforms, ARY News reported.

The assembly witnessed a ruckus when Punjab’s Minister of Parliamentary Affairs Mujtaba Shuja-ur-Rehman tabled the ‘controversial’ bill, while the journalists boycotted the proceedings to register their protest.

The bill addresses the pervasive issue of misinformation on social media platforms, including YouTube, TikTok, Twitter, Facebook, and Instagram. Under the bill, defamation case can be filed on those spreading ‘fake news’.

The bill also proposes a fine of up to Rs3 million and special tribunals to hear defamation cases, which will be required to deliver verdicts within six months.

It also mentioned that in cases of allegations against individuals holding constitutional posts, the high court will hear the cases.

According to the bill, the government will provide legal assistance to women and transgender individuals in defamation cases through an official legal team.

Speaking on the Punjab Assembly floor, Opposition Leader Ahmed Khan Bhachar said that the bill is a “black law” and his side of the bench would not be partake in passing the legislation.

HRCP’s reaction

Meanwhile, the Human Rights Commission of Pakistan (HRCP) has expressed grave concern over the defamation bill 2024, with its chairman saying the content and language of the bill is “troubling on several counts”.

“First, it proposes a parallel structure to adjudicate claims of defamation. HRCP has consistently decried special parallel judicial structures on the grounds that they invariably violate fundamental rights and other universally accepted norms governing the fair functioning of the judiciary,” the statement said.

🔴 Press release

Punjab defamation bill throttles free expression

Lahore, 20 May 2024. The Human Rights Commission of Pakistan (HRCP) has expressed grave concern over the draft defamation bill tabled in the Punjab Assembly.

The content and language of the bill is troubling…

— Human Rights Commission of Pakistan (@HRCP87) May 20, 2024

Second, the bill proposes to set up defamation tribunals while empowering the government to appoint judges at higher allowances and benefits than what are available to the existing provincial judiciary functioning at the district level, it noted.

Third, the statement said all defamation claims have to be resolved within a short span of 180 days. The bill proposes authorizing defamation tribunals to issue preliminary decrees to the tune of PKR 3 million—without trial—immediately on receiving a defamation claim. “This will be a huge blow to freedom of expression and dissent. Such orders are likely to be passed without following due process and ensuring fair trials”.

Fourth, the draft law creates a special category of holders of constitutional office, such as the prime minister, chief justices and military chiefs, among others. Defamation claims pertaining to these categories will be heard by special one-member tribunals comprising a judge of the Lahore High Court. “This provision violates the principle of equality of citizens and equality before the law”, it added.

Journalist community rejects bill

Furthermore, the journalist community also rejected the Defamation Bill 2024, terming it ‘non-democratic’.

Addressing a press conference, Arshad Ansari, the president of the Lahore Press Club, expressed concerns, questioning how new laws can be introduced when there are already existing laws such as the Pakistan Electronic Media Regulatory Authority (PEMRA) and the Prevention of Electronic Crimes Act (PECA).

He criticised the introduction of the new defamation law, stating, “Today, the journalist community has been attacked, we will not compromise on the freedom of the press.”

“These government members are the ones who introduced the PECA law in Pakistan. When they are in opposition, they become champions of press freedom, but when they come into power, they want to control the media,” Ansari remarked.