Pakistan’s Punjab Assembly passes defamation bill amidst widespread protests

Attempts to restrict the media in Pakistan are not new. The Pakistani government has introduced a series of laws to control the media, often under the guise of combating “disinformation” and “cybercrimes.” The latest in this series is the new Punjab Defamation Bill 2024, which will replace the Defamation Ordinance 2002, and which goes even further than the dictatorship-era regulations laid out in the original law. The Bill with its vague definition of defamation, higher financial penalties, and blanket restrictions on commenting on ongoing cases, seems to have been drafted with the purpose of intimidating those who may criticize or express frustrations at the current government. The Punjab Defamation Bill proposes a special tribunal to try the accused involved in drafting, publishing and/or airing ‘fake news’. The special tribunal shall decide the case within six months and could impose a fine up to PKR 3 million.

The Punjab Provincial Assembly passed (20 May 2024) the Punjab Defamation Act of 2024 despite protests from journalists and opposition politicians as well as widespread criticism for its ‘draconian’ provisions. The International Federation of Journalists (IFJ) and its affiliate, the Pakistan Federal Union of Journalists (PFUJ), condemned the bill’s passing, highlight its potential to be weaponised against critics of the governments, and urge provincial and national authorities to uphold press freedom. Described as a “dangerous law” by the Dawn newspaper, media stakeholders argues that the proposed bill appears draconian in its current form. Punjab Governor Sardar Saleem Haider pledged further consultation with all stakeholders on the Defamation Bill 2024, assuring a JAC delegation that the bill will be signed only after the consultation. The Governor said, “Though the government should have taken onboard all the stakeholders before introducing the new law, I’ll invite all parties to the Defamation Bill for developing a consensus on it before signing the bill into law.” The delegation consisted of Council of Pakistan Newspaper Editors president Irshad Ahmed Arif, Pakistan Federal Union of Journalists secretary and former CPNE president Kazim Khan, Association of Electronic Media Editors and News Directors vice-president Muhammad Usman, and representatives of Pakistan Broadcasters Association, and All-Pakistan Newspapers Society.

Journalist organizations in Pakistan have expressed serious concern over the proposed Bill. The Joint Action Committee (JAC) stated that while media stakeholders are not against strengthening defamation laws or regulating digital media, the proposed law in its current form “threatens the fundamental right to freedom of expression.” According to a report by Pakistan’s Aaj News, the JAC also called for ‘purposeful consultation’ with all stakeholders before the bill is enacted. The JAC statement, “demands that the Punjab government and the Federal Government hold extensive discussions with media organizations and other stakeholders to thoroughly examine the implications of the proposed legislation on freedom of expression and postpone the passing of the bill in the assembly until then.” It added that “The JAC believes that any legislation in this regard must strike a delicate balance between protecting individual rights and upholding the principles of freedom of expression”.

In a related development, the government of Pakistan recently launched the National Cyber Crimes Investigation Agency (NCCIA), under the controversial Prevention of Electronic Crimes Act (PECA) 2016. The introduction of NCCIA poses fresh threats to journalists and activists in Pakistan. The PECA law, originally enacted to combat cybercrime is reportedly being used by the authorities to suppress dissent and curb freedom of the press and speech. In its original form PECA was meant to tackle cyber terrorism, unauthorized access, electronic fraud, and online harassment, and enhance cybersecurity for users and businesses. The JAC’s joint statement on the Punjab Defamation Bill also expresses serious concern over amendments to the PECA. The statement read, “The media bodies are not against strengthening the defamation laws or regulating digital media, but the bill appears draconian in its current form and threatens the fundamental right to freedom of expression.”

Amnesty International considers PECA as draconian, additionally indicating that its definitions of offenses are broad and vague. It has also been criticized by Pakistan’s human rights and civil society organizations for criminalizing legitimate forms of expression based on national security concerns and protecting majoritarian interpretations of Islam. Meanwhile, the Association of Electronic Media Editors and News Directors (AEMEND), in a separate statement, rejected the draft defamation legislation. AEMEND stated that hurriedly adopting any law without consulting relevant stakeholders would be tantamount to throttling freedom of expression. It claimed that the law had been finalized without seeking input from civil society, journalists’ unions, or the political opposition. Syed Hassan Murtaza PPP Central Punjab General Secretary, Makhdoom Murtaza Mehmood former minister, and Shahzad Saeed Cheema, Information Secretary were also present on this occasion. Syed Murtaza told the JAC delegation that the PPP stood with the journalist community on the issue and did not support the current bill. The party has distanced itself from the bill after journalists began to protest its enactment. PPP leaders claimed that its MPAs were not present in the house when the bill was passed by the Punjab Assembly.

Federal Planning Minister Ahsan Iqbal claimed the government was not inclined to suffocate the media and asserted that there are no such attempts from their side. The Federal Minister told a private news channel that while social media platforms offered vast benefits, they also carried risks, notably in spreading misinformation that could sow chaos in society. He said government’s aim was to mitigate these risks and ensure that social media was used responsibly. He further noted the importance of consulting stakeholders to formulate laws aimed at addressing the challenges posed by social media. He stressed that such laws must be in the interest of all to safeguard the country from the risks associated with misinformation. A weak Federal Government and even weaker Provincial Government are trying their best to control the media by introducing laws that make defamation punishable. The challenge is that the proposed law is too vague and allows the investigating agencies wide latitude increasing the risks of misuse. That is why journalists across Pakistan have registered their protest against the proposed defamation bill.