Pakistan province enacts harsh defamation law, Supreme Court presses legal action against 34 media outlets
On Saturday, June 8, acting Punjab governor and speaker of the provincial assembly Malik Ahmad Khan, a Pakistan Muslim League-Nawaz party member, approved a defamation law passed on May 20 despite concerns from journalists, human rights organizations, and opposition lawmakers, according to news reports.
The law, which is being challenged by journalists and press bodies in the Lahore High Court, replaces Punjab’s Defamation Ordinance, 2002 and loosely defines “defamation” and “broadcasting” to include social media platforms.
Separately, on June 5, Pakistan’s Supreme Court issued show-cause notices to 34 news channels, asking them to explain, within two weeks, why contempt proceedings should not be initiated against them for airing press conferences by two parliamentarians who criticized the judiciary, according to multiple news reports.
The court issued the order while hearing a contempt case against the two parliamentarians, who questioned senior judges alleging the ISI– Pakistan’s premier intelligence agency– was interfering in judicial matters.
“Pakistan’s Punjab government must swiftly repeal the recently enacted defamation law and ensure that any such legislation does not impinge on press freedom,” said CPJ Asia Program Coordinator Beh Lih Yi. “The media must also be allowed to broadcast key political speeches and developments without interference or fear of reprisal.”
Under Punjab’s new defamation law, claimants may initiate legal action “without proof of actual damage or loss.” Penalties range from three million rupees (US $10,792) to punitive damages 10 times that amount. Tribunals may also order defendants to tender an unconditional apology or issue a directive to suspend or block the social media account or website where the alleged defamatory content was disseminated.
Pakistan has intermittently blocked access to X, formerly Twitter, since February.
The law also mandates special tribunals, whose members will be appointed by the Punjab government in consultation with the chief justice of the Lahore High Court to adjudicate offenses within 180 days.
According to Farieha Aziz, a freelance journalist and co-founder of the digital rights organization Bolo Bhi, the appointment procedure represented a conflict of interest because those who select tribunal members can also be complainants.
The law further authorizes the tribunal to pass a preliminary decree against a defendant if they do not obtain a leave to defend, or permission to defend themselves against the accusations, at the outset of trial. Moreover, the law bars commenting on pending proceedings, which Aziz called a “gag order.”
“If a public official has brought a case under the law, it is in public interest to know,” Aziz said.
Defamation claims filed by a “constitutional office” holder such as the prime minister, Supreme Court and Lahore High Court judges, and army chiefs, will be tried through a separate procedure, raising concerns surrounding violations of constitutional rights.
Pakistan’s political environment remains volatile after February elections– widely described as flawed– led to the formation of a coalition government of the PML-N and the Pakistan People’s Party, with the former taking power in Punjab.
Punjab governor Sardar Saleem Haider, a PPP member who was abroad when the defamation law was enacted, earlier stated on June 5 that the provincial government would address the concerns of journalists and other stakeholders, suggesting the legislation would be sent back to the assembly for further consultation.
Punjab information minister Azma Zahid Bokhari did not immediately respond to CPJ’s request for comment.