Here’s a detailed guide on how to protect yourself under the Punjab Defamation Act 2024, incorporating relevant laws, steps, defenses, and case laws.
A Complete Guide for Social Media Users on Protection under the Punjab Defamation Act 2024
This guide provides detailed steps and defenses available to social media users under The Punjab Defamation Act 2024 to safeguard themselves against defamation claims.
- Understanding the Punjab Defamation Act 2024
- Defamation Defined:
- Section 2(h) of “THE PUNJAB DEFAMATION ACT 2024” defines defamation as the publication, broadcast, or circulation of a false or untrue statement or representation made orally, in writing, or in visual form—either by ordinary means or through electronic or modern media, including social media—that injures a person’s reputation or exposes them to unjust criticism, ridicule, contempt, or hatred. This definition includes comments targeting specific genders and minorities, as detailed in section 14 of the act.
- Key Elements:
- False Statement: The statement must be untrue.
- Publication: The statement must be communicated to at least one person other than the person defamed (Section 2(s)).
- Injury to Reputation: The statement must harm the reputation of the person.
- Medium: Includes any online or social media website, application, or platform (Section 2(b)).
- Available Defenses (Section 4 of The_Punjab_Defamation_Act_2024):
- Journalistic Activities: Showing that you were performing journalistic activities and broadcasted true news for the information of the public.
- Fair Analysis: Demonstrating that you were analyzing or discussing a situation in a fair and transparent manner in the public interest through an online platform.
- Fair Comment: Proving that the matter commented on is fair and in the public interest and is an expression of opinion and not an assertion of fact.
- Truth: Substantiating that the statement is based on truth.
- Assent: Showing that the Claimant gave you the permission to publish that particular statement
- Privileged Communication: Indicating that the statement is covered by absolute or qualified privilege. Matter was privileged communication, such as between a lawyer and client or between persons having fiduciary relations.
- Actionable Defamation “THE PUNJAB DEFAMATION ACT 2024”
- Defamation actionable :Section 3 of “THE PUNJAB DEFAMATION ACT 2024” states the conditions for it to be actionable.
- Steps to Protect Yourself
- Verify Information: Before posting or sharing any information, ensure its accuracy. Rely on credible sources and cross-check facts to avoid spreading false information.
- State Opinions Clearly: When expressing opinions, make it clear that you are stating a personal belief rather than a fact. Use phrases like “In my opinion” or “I believe that” to distinguish between facts and opinions.
- Avoid Malice: Ensure that your statements are made without malicious intent. Even if the information is true, malicious intent can negate certain defenses.
- Be Respectful: Frame your statements in a respectful and non-offensive manner. This can help demonstrate good faith and reduce the likelihood of a defamation claim.
- Documents and Evidence
- Truth:
- Documentary Evidence: Gather official records, documents, and reports that support the truthfulness of your statement.
- Witness Testimony: Obtain statements or affidavits from witnesses who can corroborate your version of events.
- Fair Comment:
- Source Material: Collect the original source material that you commented on. This could include news articles, public records, or other documents.
- Expert Opinions: If your comment involves complex issues, obtain opinions from experts who can support your analysis.
- Privilege:
- Legal Documents: If the statement was made in a legal context, collect court documents, pleadings, and correspondence that establish the privileged nature of the communication.
- Confidentiality Agreements: If the statement falls under a confidentiality agreement, provide a copy of the agreement.
- Key Legal Procedures
- Limitation Period:
- “THE PUNJAB DEFAMATION ACT 2024” Section 25 describe limitation of actions. A claim shall be instituted under the Act within sixty (60) days after defamation came to the notice or knowledge of the person so defamed.
- Claim Requirements:
- According to section 11 of “THE PUNJAB DEFAMATION ACT 2024”, The claim shall comprise of a concise statement of facts and damages being sought, supported by statements in the form of affidavits of at-least two witnesses along with all the relevant documents concerning the claim, including the defamatory statement. The claim shall specifically state the amount of General, Special and Punitive Damages along-with costs sought by the Claimant.
- Relevant Case Laws:
- M. MOOSA v. MAHMMAD: Clarifies that lawyers have qualified privilege, not absolute privilege, for statements made in legal proceedings.
- Liberty Papers Ltd. and others v. Human Rights Commission of Pakistan: Reinforces responsible journalism and upholds individuals’ dignity, holding media accountable for ethical reporting.
- Abdul Karim and 5 others v. Abu Zafar Qureshi and 3 others: Protects media when honestly reporting public statements, even if critical of individuals.
- MOHI BASAR AND OTHERS versus HAYDARALI HALDAR: : States that statements said to the police are not automatically subject to privilege and can be the basis of a defamation accusation if malicious or made in bad faith.
- Responding to a Defamation Notice or Claim
- Acknowledge the Notice: Respond promptly to any legal notice you receive. Ignoring a notice can worsen the situation.
- Seek Legal Advice: Consult with a lawyer experienced in defamation law to understand your rights and obligations.
- Assess the Claim: Analyze the allegations carefully. Determine whether the statements are indeed defamatory and whether you have any valid defenses.
- Gather Evidence: Compile all relevant documents and evidence to support your defense.
- Negotiate a Settlement: Consider negotiating a settlement with the claimant to resolve the matter amicably. This could involve issuing an apology, retracting the statement, or paying damages. Offer an unconditional apology, if acceptable to the claimant, and ensure it is published in the same way as the original statement (Section 21 of The_Punjab_Defamation_Act_2024.
- Prepare for Trial: If a settlement cannot be reached, prepare for trial by building a strong legal strategy, gathering evidence, and preparing witnesses.
- Damages and Remedies
- General Damages:
- These damages are presumed to have been suffered by the person defamed and are awarded without proof of actual damage (Section 3 of The_Punjab_Defamation_Act_2024). General Damages can be decreed by the Tribunal at the preliminary stage, with a minimum of Rs. 3,000,000 (Section 2(k)).
- Special Damages:
- These damages are granted after the final conclusion of the proceedings if the Claimant seeks to proceed further with the case after issuance of the preliminary decree and has been able to establish a claim for such damages (Section 2(w)).
- Punitive Damages:
- In cases demonstrating malice or bad faith, punitive damages may extend up to ten times the quantum of the general damages (Section 2(u)).
- Apology: The Tribunal may direct the Defendant to tender an unconditional apology, which must be published in the same manner as the defamatory statement (Section 21).
By following this comprehensive guide, social media users can better protect themselves against defamation claims under the Punjab Defamation Act 2024.
Relevant Judgments and Statutes
- Meera Shafi and others Versus Federation of Pakistan, 2022 SCMR 1267: Addresses freedom of speech and the potential misuse of defamation laws to stifle legitimate claims.
- Mst. BIBI SAIRA and others Versus P.O SINDH through Secretary, Home Department, Govt. of Sindh Karachi and another, 2024 MLD 1729: Reinforces protecting individuals from defamation, especially on social media, and the legal consequences of publishing false statements.
- Judgment Regarding Khan: Highlights legal and societal sensitivities related to religion and freedom of expression, emphasizing responsible media use.
- Dr. Atia Naz v. Muhammad Ilyas Shah and others, 2024 PCr.L J 1190: Clarifies the scope of defamation concerning good faith, emphasizing that accusations made in legal proceedings without malicious intent may not constitute defamation.
- Abdur Rashid v. S. Fida-ur-Rehman Shah, PLD 2017 Peshawar 19: Reaffirms the applicability of the Civil Procedure Code in defamation proceedings, allowing courts to dismiss frivolous litigation.
- Muhammad Ayoub v. Federation of Pakistan, 2018 P Cr. L J 1133: Balances freedom of speech with protecting religious sentiments, highlighting the state’s responsibility to regulate online content.
- Messrs FACT FINDERS (PVT.) LTD. and others Versus CNBC PAKISTAN and others, 2022 CLC 1397: Clarifies that civil courts retain jurisdiction in defamation cases, offering plaintiffs a choice of legal avenues.
- M. MOOSA v. MAHMMAD, PLD 1968 Supreme Court 25: Establishes that lawyers have qualified privilege rather than absolute privilege.
- MOHI BASAR AND OTHERS‑ Petitioners versus HAYDARALI HALDAR‑ Opposite‑Party , PLD 1960 Dacca 736: States that statements said to the police are not automatically subject to privilege and can be the basis of a defamation accusation if malicious or made in bad faith.
- Section 2(h), Punjab Defamation Act 2024: Defines defamation, including electronic forms, emphasizing the protection of reputation.
- Section 4, Punjab Defamation Act 2024: Specifies defenses available in defamation proceedings, such as truth, fair comment, and privilege.
- Section 21, Punjab Defamation Act 2024: Outlines consequences of proving defamation, including the ordering of an apology and payment of damages.
- Section 25, Punjab Defamation Act 2024: Sets the limitation period for instituting a claim under the Act to sixty days.
- Section 3, Punjab Defamation Act 2024: Discusses Defamation actionable.