In May 2024, the Punjab Assembly passed the Punjab Defamation Act, sparking concern among journalists, activists and human rights defenders. While presented as a way to protect dignity and reputation, critics argue it risks silencing voices and restricting freedom of expression.
Unlike the Defamation Ordinance of 2002, the new Act introduces special tribunals required to decide cases within six months. These tribunals can impose fines up to Rs 3 million even before a case concludes and order public apologies, including on media platforms.
Perhaps most troubling is the concept of “presumption of harm.” Once a complaint is filed, damage to reputation is assumed, shifting the burden of proof onto the accused rather than the complainant. Legal experts note this undermines the principle that the accuser must prove wrongdoing.
Advocate Malik Sajjad of Faisalabad explains: “Previously, one had to prove the statement was false, malicious, and harmful. Now the law makes it easy to target anyone, especially journalists and online users. It doesn’t clearly protect truth-telling, satire, or public interest journalism.”
Vloggers and independent creators are denied protections given to journalists, yet are still vulnerable to defamation claims
Irum Shujah, Advocate High Court and Legal Manager at DRF, works on sensitive issues like domestic violence and corruption. She fears the law’s implications: “If I expose a landlord or politician, I can be dragged to court, not because I lied, but because they feel insulted. This makes people like me very vulnerable.”
She also warns it may discourage victims of abuse from speaking publicly. “Women who share their stories may fear legal action. This shuts down important conversations.”
For journalists in smaller cities like Gujrat, where political patronage and weak institutions dominate, the law has created deeper anxiety.
Saghir Ahmed Qamar, News Editor at Roznama Jazba Gujrat, has faced repeated threats. In 2013, his report on a widow’s home being illegally occupied drew police harassment. In 2018, he received a Rs 50 million defamation notice after covering a trade association election.
His biggest ordeal came in 2022 when he exposed a Rs 2 billion corruption scandal in the Public Health Department’s clean water project. The case against him has dragged on for over two years, costing him more than Rs 50,000 in legal fees. Meanwhile, he faced online trolling and harassment. “It’s not just about courts anymore, social media has become another battlefield. The new law gives the government power to silence us online by suspending accounts. It’s vague enough to target anyone who dares speak.”
Zahid Abid, Secretary of the Lahore Press Club, criticised the lack of consultation: “No meetings were held with senior journalists. Laws like this are often used against critics while ignoring misconduct by the powerful. Journalists in small cities already lack support; this isn’t regulation, it’s intimidation.”
Yawar Abbas, President of Kunja Press Club in Gujrat, echoed that fear: “In rural areas, even a small corruption story can land a journalist in jail. Many colleagues have simply stopped reporting. It’s fear, plain and simple.”
Shafqat Mahmood, former Gujrat Press Club President, recalled how a 2013 investigation into land bribery led to a Patwari’s arrest—but soon afterward, the official filed a defamation case against him. Though he eventually overcame it with Press Club support, he worries the new Act worsens the risks: “These laws give influential people even more tools to silence reporters. Self-censorship is already common; now it’ll only get harder to take risks.”
Anwar Sheikh, senior journalist with Jazba News, stressed caution: “This law has created fear. Journalists must now do extra homework—solid research and understanding legal sensitivities are essential.”
Gujrat’s political landscape amplifies these challenges. Local officials often side with powerful figures for personal gain, leaving journalists exposed. Reports on corruption or electoral malpractice often attract threats. Without specialised beats or organisational backing, many journalists operate alone, facing both harassment and financial strain.
Wazir ul Nisa, an independent politician formerly with PPP, condemned the Act: “Journalists play a key role in exposing corruption. Instead of strengthening democracy, these laws shield the powerful from scrutiny. Silencing media pushes society into darkness.”
Abdul Sattar, President of the Gujrat Press Club, noted that no cases under the 2024 Act or PECA have yet been filed against local journalists. “We haven’t faced legal action so far,” he said, while emphasising internal accountability: “If a journalist acts irresponsibly, we don’t hesitate to discipline them. We stand for responsible journalism.”
Farieha Aziz, co-founder of digital rights group Bolo Bhi, highlighted contradictions: vloggers and independent creators are denied protections given to journalists yet are still vulnerable to defamation claims. She described the Act as “claimant-friendly,” heavily tilted toward restraining speech rather than ensuring justice. “Despite being packaged as a defence against ‘fake news,’ the law seems aimed at restricting dissent and consolidating elite privilege,” she argued.