New law may silence journalists, opposition parties, and dissent by embroiling them in defamation cases

Location: Pakistan, Lahore
Date: May 21, 2024

Women Press Freedom strongly condemns the passage of a defamation law in Pakistan’s Punjab province. The provincial legislature's approval of the bill is a blatant attack on press freedom and freedom of speech and expression in a country where curbs on rights are already a matter of concern. The new policy not only threatens the fundamental right to freedom of speech but also imposes severe restrictions that can obstruct critical reporting and stifle dissent. It was passed in immense haste by the provincial government, which refused to address any opposition to the bill and was hell-bent on having it approved. We demand that the Punjab Assembly withdraw the bill immediately.

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“The Punjab Defamation Bill has rightly been condemned as an affront to free speech, insulating public institutions and so-called "constitutional offices" from criticism in the name of defamation,” a digital rights expert, who wished to stay anonymous, tells Women Press Freedom. 

The draconian defamation bill, prepared by the Punjab government led by the Pakistan Muslim League (Nawaz) political party, was presented in the assembly despite immense disapproval and protests by several people, including journalists. It was eventually passed through a voice vote by flouting the amendments proposed by the opposition on May 20 and was then sent to the province’s governor for his final nod. 

The proposed defamation legislation introduces a dedicated tribunal responsible for addressing incidents related to the creation, dissemination, and broadcasting of 'fake news.' This tribunal is mandated to resolve cases within a six-month timeframe and has the authority to impose fines.

The digital rights expert tells Women Press Freedom that the bill raises concerns about how it can be misused to silence journalists, opposition parties, and dissent by embroiling them in defamation cases, in which those accused have to bear the burden of proving the truthfulness of a statement deemed defamatory.

Legislators in the provincial assembly did not conduct a debate, which raises legitimate concerns about the proposed law's intent. 

“The Bill does warrant a constitutional challenge given the blatant disregard for constitutional rights and safeguards; however, it remains to be seen whether the courts are willing to hold in this regard,” the digital rights expert says. 

Punjab Governor Sardar Saleem Haider has assured that the bill will not become a law unless all reservations raised by stakeholders around it are addressed. 

Women Press Freedom is alarmed that a bill of this nature was proposed to be passed by a government that claims its arrival at the hands of democracy following the February 8 general elections in Pakistan. It is even more concerning that it was passed in such haste without necessary consultation from the stakeholders, including journalists, human rights, and digital rights activists and experts.

Women Press Freedom demands that the Punjab government withdraw the law and consult all stakeholders, particularly journalists, before proceeding with any legislation that threatens free speech and press freedom in the country. Both are crucial in safeguarding democratic values and protecting citizens’ fundamental rights. In its current form, the bill denies the principles of a fair and free society. We reiterate our call for its immediate review.

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