Defamation laws against journalists
ISLAMABAD- The Musharraf government has finalized new defamation laws for working journalists, editors and publishers carrying penalties ranging form fine of Rs 1 million defined as “special damage” and apology or both, reveals a Law Ministry summary submitted to the federal cabinet for approval.
Under the new press laws, the journalists will have no right to produce any official document, summary or other required papers to substantiate the validity of their stories or assertions in the court of law. The accused journalist, in line with the new press laws, will simply be required to satisfy the prosecution in the form of “apology” or “fine.” It is feared that after the promulgation of this ordinance, it will become practically impossible for the reporters, editors and publishers to file independent and investigative stories based on official documents.
The thrust of the entire ordinance is on seeking apologies from the reporters, editors and publishers and getting it published in case they fail to satisfy the plaintiff. The defamation ordinance will be effective both in form of libel and slander. The district session judge will hear the cases and decide them within four months, while the High Court could be approached for review petition.
The seven-page summary containing the draft Defamation Ordinance–2002 prepared by the Ministry of Law and Justice has already been submitted to the federal cabinet for final approval before it’s promulgation.
Earlier, the Chief Executive Secretariat had directed that the draft of freedom of information ordinance may be linked with the defamation ordinance. While the draft of the freedom of information ordinance is at its final stage, the law and justice division has finalized the draft defamation ordinance 2002 and submitted it to the cabinet. Earlier, the then information minister Javed Jabar had initiated a process of consultation with the working journalists and editors’ bodies of the country to frame new press laws in the forms of access to information. But, before introducing this access law, the present government has preferred to first promulgate defamation law to rein in the working journalists.
According to available copy of the ordinance summary, the salient features of the defamation Ordinance are: (A) the defamation will be actionable both in form of libel and slander; (B) the authors, editors of the newspapers etc and all other persons responsible for publication or circulation of defamatory matter shall be liable under the ordinance; (C) the reports of the federal and provincial legislature, the judicial proceedings published under the order of the court and the reports and notes published by or under the authority of the government shall however, have protection of absolute privilege. Any fair and accurate publication of parliamentary proceedings or judicial proceedings shall be qualified privileged. (D) No action shall lie under the ordinance unless the plaintiff within two months after publication of the defamatory matter has given fourteen day notice in the writing to the defendant; (E) the defenses available to a defendant have been specified in section 5 of the ordinance; (F) on proof of the defamatory matter, the court may direct the plaintiff to tender an apology or pay reasonable compensatory damages as general damage upto maximum amount of one millions rupees in addition to special damage or both apology and the damages. (G) The ordinance shall not apply to criminal defamation which shall be governed by the law for the time being in force; (H) the cases under the ordinance shall be triable by the court of a district judge and the court shall decide the cases within a period of four months; (I) an appeal against the order of the district judge shall lie to the High Court.
Following is the text of the Defamation Ordinance, 2002: In pursuance of the Proclamation of Emergency of the 14, October 1999 and the PCO Order No 1 of 1999, read with Provincial Constitution Amendment order No 9 of 1999 and in exercise of all powers enabling him in that behalf the President of Islamic Republic of Pakistan is pleased to make and promulgate following ordinance:
(1) TITLE: The ordinance will be called Defamation Ordinance 2002 and it extends to whole of Pakistan
(2) DEFINITION: (a) Author means the originator of the statement. (b) ‘broadcasting’ means the dissemination of writing, signs, signals, pictures and sounds of all kinds including any electronic device, intended to be received by the public either directly or through the medium of relay stations.
Editor means a person or operator having editorial or equivalent responsibility for the content of the statement or the decision to publish or circulate it. Newspaper means a paper containing public news, intelligence or occurrences or remarks or observations or containing only or principally, advertisements, printed for distribution to the public and published periodically or in parts or numbers and includes such as periodical works as the federal government may, by notification in the official gazette, declare to be newspaper.
Publication means communication of the words to at least one person other than the person defamed and includes a newspaper or broadcast through the internet or other media and Publisher means a commercial publisher that is person whose business is issuing material to the public or a section of the public, who issues material containing the statement in the course of that business.
(3) DEFAMATION: (1) Any wrongful actor publication or circulation of a false statement or representation made orally, aurally or in written or visual form which injures the reputation of a person or tend to reduce him to ridicule, unjust criticism, dislike, contempt, or hatred shall be actionable as defamation. (2) Defamation is of two forms namely (i) Slander and (ii) libel (3) any false oral or aural statement or representation that amounts to defamation shall be actionable as slander. (4) Any false written, documentary or visual statement or representation made either by ordinary form or expression or by electronic or other modern means or devices that amounts to defamation shall be actionable as libel. (4) Defamation Actionable: The publication of defamatory matter is an actionable wrong without proof of special damage to the person defamed and where defamation is proved damages shall be presumed. (5) Defenses: In defamation proceedings a person has a Defence if he shows that (a) he was not the author, editor, publisher or printer of a statement complained of (b) the matter commented on is fair and in the public interest and is an expression of opinion and not an assertion of fact and was published in good faith; (c) it is based on truth and was made for public good (d) assent was given for the publication by the plaintiff. (e) Offer to tender a proper apology and publish the same was made by the defendant but was refused by the plaintiff. (f) An offer to print or publish a contradiction or denial in the same manner and with the same prominence was made but was refused by the plaintiff. (g) The matter complained of was privileged communication such as between the lawyer and client or between persons having fiduciary relations. (h) The matter is covered by absolute or qualified privilege. (6) Absolute Privilege: Any publication of statement made in the federal or provincial legislature, reports, notes and proceedings ordered to be published by either house of parliament or by the provincial assemblies, or relating to judicial proceedings ordered to be published by the court or any report, note or matter written or published by or under the authority of a government shall have the protection of absolute privilege. Explanation: In this section legislature includes a local legislature and court includes any tribunal or body exercising the judicial powers. (7) Qualified privilege: Any fair and accurate publication of parliamentary proceedings, or judicial proceedings which the public may attend and statements made to the proper authorities in order to procure the redress of public grievances shall have the protection of qualified privilege. (8) Notice of action: No action lies unless the plaintiff has within two months after the publication of the defamatory matter has come to his notice or knowledge given to the defendant, fourteen days notice in writing of his intention to bring an action, specifying the defamatory matter complained of (9) Remedies: (1) Where defamation shall be proved to have occurred, the court may pass order directing the plaintiff to (a) tender an apology and publish the same in similar manner and with the same prominence as the defamatory statement made and take any other measures required to make amends including payment of reasonable costs: provided that apology shall not be allowed more than thrice for and one behalf of same person or (b) pay reasonable compensatory damages as general damages upto a maximum amount of one million rupees, in addition to any special damage incurred that is proved by the defendant, to the satisfaction of the court. (2) Having regard to the facts and circumstance of the case, the court may pass order directing action both under clauses (a) and clause (b) of the sub-section (1) (10) Code of civil procedure and Qanun-e-Shahdat Order to apply: The code of civil Procedure, 1908 (Act No V of 1908) and the Qanun-e-Shahadat, 1984 (PO. No 10 of 1984) shall “mutiatis mautandis”, apply to the proceedings under this ordinance. (11) Ordinance not to prejudice action for criminal defamation: Nothing in this ordinance shall prejudice any action for criminal libel or slander under any law for the time being in force. 12: Limitation of Actions: Any again against (a) an author, editor, proprietor or publisher of a newspaper; (b) the owner of a broadcasting station (c) an officer, servant or employee of the newspaper or broadcasting station or (d) any other purpose for defamation contained in the newspaper or broadcast from the station or its publication otherwise shall be taken within four months after the publication of the defamatory matter came to the notice of the knowledge of the person defamed 13: Trial of Cases: No court inferior to the district judge shall have jurisdiction to try cases under this ordinance. 14: Court to decide the cases expeditiously: The court shall decide a case under this ordinance within a period of four months. 15: Appeal: An appeal against the final order of the district judge shall lie to the High Court within 30 days of the passing of the order provided that no appeal shall lie against an interlocutory order of the court. 16: POWER TO MAKE RULES: The federal government may by notification in the official Gazette, make rules to carry out the purpose of this ordinance.
Source: The News
Date:5/29/2002
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