HRCP Flags Concerns Over Proposed Defamation Law in Punjab

News Desk 

Lahore: The Human Rights Commission of Pakistan (HRCP) has expressed profound concern regarding the draft defamation bill presented in the Punjab Assembly.

The content and language of the bill are alarming on several fronts. First and foremost, it suggests the establishment of a parallel structure to handle defamation claims. 

HRCP has consistently opposed such parallel judicial systems, citing their tendency to infringe upon fundamental rights and contravene universally accepted norms governing the judiciary’s fair operation.

In a statement posted on HRCP’s X account on Tuesday, the organization’s management emphasized its longstanding opposition to special parallel judicial structures. These structures, it argues, are prone to violating fundamental rights and other universally accepted norms governing the fair functioning of the judiciary.

Secondly, the bill proposes the establishment of defamation tribunals with provisions for the government to appoint judges with higher allowances and benefits compared to those available to the existing provincial judiciary operating at the district level.

Thirdly, all defamation claims are required to be resolved within a short timeframe of 180 days. The bill suggests authorizing defamation tribunals to issue preliminary decrees of up to PKR 3 million—without trial—immediately upon receiving a defamation claim.

This poses a significant threat to freedom of expression and dissent, as such orders are likely to be issued without due process and fair trial guarantees.

Fourthly, the draft law establishes a special category for holders of constitutional offices, including the prime minister, chief justices, and military chiefs, among others.

Defamation claims related to these categories will be heard by special one-member tribunals comprising a judge of the Lahore High Court. This provision runs counter to the principle of equality of citizens and equality before the law.

HRCP is further troubled by the rushed manner in which this bill is being introduced.Five days is insufficient for meaningful consultation with civil society, digital and mainstream media stakeholders, on what is a complex legal proposal affecting the entire digital ecosystem of opinion makers.