The Punjab Assembly on Monday passed the controversial Defamation Bill, 2024, amidst protests from the opposition and journalists covering parliamentary proceedings.
Members of the opposition, led by the Sunni Ittehad Council (SIC), were seen tearing up copies of the bill after the House passed it through a voice vote. Punjab Finance Minister Mujtaba Shujaur Rehman tabled the bill after the Pakistan Muslim League (Nawaz) government refused to grant any further delays to its passage, despite journalists calling for a week’s time for additional consultations.
Making clear their protest over a law they claimed could impose curbs on free media, journalists covering the proceedings staged a boycott of the assembly and vowed to launch a nationwide protest movement against it. Addressing a press conference, senior journalist Arshad Ansari lamented that Maryam Nawaz was seeking to implement a law aimed at “gagging the media” despite joining the journalists’ in their protest against the Prevention of Electronic Crimes Act under the PTI government.
“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.
Under the law, the government would establish a special tribunal to try anyone involved in drafting, publishing and/or airing “fake news.” The tribunal would be tasked with deciding all cases within six months and would be empowered to impose fines of up to Rs. 3 million against anyone found guilty of defamation. It further designates a special category for constitutional offices, including the Army chief, prime minister, governors and chief ministers, with any cases of defamation against them to be heard by a judge of the Lahore High Court (LHC).
The bill, a personal project of Chief Minister Maryam Nawaz, also states the government would provide legal assistance in defamation cases to women and transgenders through an official legal team.
Contrary to normal processes, the draft bill was not sent to a subcommittee for the input of opposition members, with the government claiming it was already fully discussed by a special committee formed to draft it. During Monday’s proceedings, the opposition members sought to submit 10 amendments to the bill, but these were rejected and the bill was passed without any changes.
According to PTI-backed SIC lawmaker Ahmar Rashid Bhatti, the law violates Articles 8, 202 and 203. PMLN lawmaker Rai Ahsan Raza, meanwhile, questioned how the law would be implemented if someone outside Punjab levelled allegations against a resident of the province.
Earlier, the Human Rights Commission of Pakistan (HRCP) expressed serious concerns over the defamation bill, criticizing its proposed 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,” it said, adding defamation tribunals also empowered the government to appoint judges eligible for higher allowances and benefits than available to the existing provincial judiciary.
The HRCP further said the 180 days designated to decide all cases was too short a timeframe, waning this could hamper freedom of expression and dissent. It said the bill’s creation of a special category for defamation of holders of constitutional offices violated the principle of equality of citizens and equality before the law.