Punjab Defamation Act - Central News Hub

Journalists move Lahore HC against Punjab Defamation Act

Journalists and rights bodies, including those based internationally have expressed their opposition to the law…reports Asian Lite News

The senior journalists on Wednesday approached the Lahore High Court (LHC) against the Punjab Defamation Act, 2024, after the provincial assembly passed the law amid the strong protest from the opposition members and media fraternity in May this year, Pakistan-based Geo News reported.

The petitioners requested the court to declare the Punjab Defamation Act, 2024, “void ab initio” and of no legal effect. The decision of journalists comes after the Punjab Assembly on May 20 passed the Punjab Defamation Bill, 2024 amid a strong and noisy protest by the opposition on the floor of the assembly.

Meanwhile, journalists and rights bodies, including those based internationally have expressed their opposition to the law, according to Geo News report. Two senior journalists through their lawyer Asad Jamal have filed a petition in the court. Justice Muhammad Amjad Rafiq will hear the petition today.

The petition filed by journalists reads, “The controversial Punjab Act is repugnant to the Defamation Ordinance 2002 which has been provided protection under Article 270AA under the 18th Amendment to the constitution.”

“The Punjab province does not have the legislative competence to enact a law to regulate any aspect of broadcasting through various electronic and digital media including those based on technologies like telegraphs and telephones as well as wireless media and broadcasting and similar other modes of communication,” it further said, according to Geo News report.

The petitioners have challenged the Act passed by the Punjab Assembly mainly on the ground that the core subject matter of the Punjab Defamation Act 2024 is communication or speech through electronic and digital media is beyond the legislative competence of provinces as it falls foul of Article 70 of the Constitution read with item 7 of the Federal Legislative List.

In their petition, the journalists stated that the Act stood in violation of fundamental rights guaranteed in Articles 10A, 18, 19, 19A and 25 of the Constitution, Geo News reported.

The petitioners further said that the Defamation Act aims to stifle free speech and dissent as it has already had a chilling impact on the freedom of speech of journalists due to the punitive and harsh nature of the provisions of the law implemented in the name of preserving privacy and protecting members of society from the unjustified harm caused to the reputation of people. (ANI)

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Pak rights body urges repeal of Punjab Defamation Act

The conversation on amending the Prevention of Electronic Crimes Act 2016 should also be revived. Finally, a law criminalizing enforced disappearances, used frequently to quell dissenting narratives, must be passed…reports Asian Lite News

The Human Rights Commission of Pakistan (HRCP) on Friday organized a round table conference in Islamabad, raising their concerns about the Punjab Defamation Act.

The HRCP called upon the administration to repeal the act pushed through a defamation law to curb fake news, however, civil society, and journalists say that it infringes on freedom of press and expression.

HRCP in a statement said that it could build fears of a national firewall and greater censorship – the law’s real purpose is much more nefarious, aims to muzzle free speech and inhibit dissenting voices.

The event witnessed the participation of journalists, digital rights experts and civil society members who drew the state’s attention to receding civic spaces and democracy in the country.

During the event Law and Policy Expert Muhammad Aftab Alam while discussing the key loopholes of the Punjab Defamation Act 2024 pointed out that radical changes need to be made to the definitions of key terms such as ‘broadcasting’, ‘newspaper’ and ‘journalist’.

Moreover, journalist and researcher Adnan Rehmat mentioned that the law exceptionalised political and state elites and legalized discrimination. A member of the HRCP Farhatullah Babar mentioned that the law was yet another step in the militarization of the state and society, and tantamount to overwriting other laws, such as those governing the right to information.

Co-founder of Media Matters for (MMFD) Sadaf Khan pointed out a probable plan of the administration to install a national firewall and said this would broaden the scope of censorship by monitoring Internet traffic. “It was an ill-thought plan that had bred fear and mistrust,” she said. Furthermore, another MMFD member also added that such a move would have a serious economic impact on freelance work and online trading.

According to the HRCP statement academic and journalist Tauseef Ahmed Khan traced the history of censorship in the legacy media and chalked out a plan of action. Pakistan Federal Union of Journalists president Afzal Butt said that civil society must hold social media platforms accountable for blocking content on Kashmir and Gaza.

Former senator Afrasiab Khattak said that the establishment must be held accountable for its continuous overreach in such matters. Senior journalist Sohail Sangi added that the working conditions of media persons and press freedom were closely linked.

Further during the roundtable conference, the participants and experts of the various fields recommended repealing the Punjab Defamation Act at once, adding that ‘digital rights should be recognised in the Constitution’.

HRCP co-chair Munizae Jahangir felt that journalists, lawyers and activists must unite and consolidate their demands before the Parliament. HRCP Islamabad vice-chair Nasreen Azhar agreed, adding that activists must be more organized in countering online disinformation.

HRCP secretary-general Harris Khalique in the conclusive statement mentioned that ‘A nexus between the political leadership, big business and the state establishment is apparent,’ he added. To combat such repressive tactics, all rights-based movements must come together to develop a charter of demands that can be presented to the Parliament. (ANI)

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