Lahore, 8 June 2024, (GNP): The controversial Punjab Defamation Law, 2024, Saturday was challenged in the Lahore High Court (LHC), after acting Governor Malik Muhammad Ahmad Khan signed the bill.
Earlier today, media sources reported that the bill was approved by the acting governor in the absence of Punjab Governor Sardar Salim Khan, who is currently on leave.
Journalist Jaffar Ahmad Yar and citizen Raja Riaz have filed petitions challenging the law, naming Chief Minister Maryam Nawaz, the governor, and the provincial government.
The petitions argue that the defamation law violates the constitution and existing laws, as the new law cannot be enacted in the presence of the Defamation Act.
They also lament the lack of consultation with journalists before passing the law, asserting that it was hastily introduced to control the media. The petition requests the court to invalidate the “draconian” law.
Punjab Assembly passed the Punjab Defamation Bill, 2024 on May 20, amidst strong opposition protests and backlash from journalists and rights bodies, both locally and internationally.
Law to create a chilling effect
Farieha Aziz, co-founder of Bolo Bhi, an organization dedicated to advocacy, policy, and research on digital rights and civic responsibility, emphasized the need to challenge the law.
In an interview Aziz argued that the bill receiving the governor’s assent suggests that consultations were merely for show, indicating a lack of genuine concern for democratic and transparent legislation.
She criticized the Defamation Bill, soon to become an Act, as a tool to empower the ruling elite and stifle dissent through hefty fines, without providing proper recourse for defendants as per the principles of natural justice.
Aziz, a staunch advocate of free speech, warned that this legislation would have a chilling effect, resulting in selective casualties.
Journalists feel ‘deceived’ by
Arshad Ansari, President of the Lahore Press Club, criticized the Pakistan Peoples Party (PPP), accusing them of deceiving journalists regarding the signing of the bill. He alleged that the bill was signed by the acting governor as part of a calculated plan to sideline the Punjab governor.
Ansari suggested that the PPP was colluding with the provincial government despite appearing to be supportive of journalists. He announced plans for a meeting of the action committee to discuss future strategies.
Governor Khan, a PPP member, had previously pledged to consult all stakeholders before signing the bill but was absent when it was signed into law by Malik Muhammad Ahmad. The Punjab governor had earlier urged the provincial government to review the bill due to objectionable clauses.
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PPP Punjab Parliamentary leader Syed Ali Haider Gilani expressed dissatisfaction with the lack of consultation and denounced the bill as an infringement on media freedom.
The Human Rights Commission of Pakistan (HRCP) also voiced concern over the bill, which defines defamation as a civil wrong and allows for legal action without proof of actual damage.
The bill extends to fake news circulated through YouTube and social media, with tribunals established to adjudicate defamation cases within six months.
