Punjab Defamation Act, 2024
The Punjab Defamation Act, 2024, which came into force on June 7, 2024, establishes a new legal framework for handling defamation cases across the province. With the introduction of this Act, the earlier Defamation Ordinance of 2002 has been repealed. Under the new law, defamation is treated strictly as a civil wrong, and a claimant is not required to prove actual loss to seek damages. Once defamation is established, the law presumes that general damages have occurred.
The Act also outlines situations where a defendant may rely on a valid defence. These include publishing truthful information in the course of journalistic work, presenting fair analysis in the public interest, offering commentary that is both honest and relevant to public concerns, making statements grounded in truth, or acting with the consent of the person concerned.
To clarify protections, the Act distinguishes between absolute and qualified privileges.
For adjudication, the Government is required to set up dedicated Defamation Tribunals. Each tribunal is led by a Member appointed by the Government in consultation with the Chief Justice of the Lahore High Court. Eligible individuals include former High Court judges, serving or retired District Judges, or Supreme Court advocates qualified for High Court judgeship.
Tribunals are required to conclude cases within 180 days from the defendant’s first appearance and may provide an opportunity for pre-trial settlement. Proceedings follow the summary procedure under Order XXXVII of the Civil Procedure Code. Claimants must file their case within 60 days of the defamatory act or of becoming aware of it, clearly stating the amounts sought under general, special, or punitive damages. Public comments on active cases are prohibited.
A defendant may only contest the claim after obtaining leave to defend, which must be sought within 30 days of their first appearance. Their application may also include a request for punitive damages if they believe the claim is false or malicious. If leave is granted, the application becomes the written statement. If leave is denied, the tribunal immediately issues a preliminary decree for general damages, which then moves automatically into the execution phase.
The tribunal may seek assistance from law-enforcement agencies when necessary. If a claim is found to be false or frivolous, the tribunal must impose punitive damages on the claimant. While the Civil Procedure Code applies to tribunal proceedings, the Qanun-e-Shahadat, 1984 does not apply.
Any party dissatisfied with a tribunal’s final judgment may file an appeal before the Lahore High Court within 30 days, where a two-judge bench must decide the matter within 60 days.
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