What next for the new defamation law?

12 Jun, 2024

EDITORIAL: Evidently embarrassed at the Punjab government’s enactment of a new defamation law, roundly condemned by the media and civil society, the Pakistan People’s Party (PPP), a quasi-partner of the ruling Pakistan Muslim League-Nawaz (PML-N), is trying to distance itself from it.

At a presser on Monday the party’s central Punjab general secretary Syed Hassan Murtaza explained that the bill was introduced in the provincial assembly without consultation with the PPP, and when most of its members were absent from the House.

Critics, though, question their en masse nonappearance, suggesting that the party’s present stance is for the sake of appearances. But Murtaza announced that the PPP would go to court against the law after its high command makes a decision.

Clearly meant to control the traditional and social media, the law has already been challenged first in the Sindh High Court, and now in the Lahore High Court by two journalists on the obvious grounds that it is in sheer violation of the fundamental rights guaranteed by the Constitution as well as the right to a fair trial in every case.

All print and electronic media bodies are also up in arms against this transparent attempt to suppress dissenting voices. If the fake news spread by social media is a concern, as articulated by some, the existing defamation law is good enough to deal with any harm or damage caused to the reputation of a person.

The driving force behind the law seems to be the main opposition party’s political narrative, especially on social media. It may have been disturbing some people’s peace of mind, but that should be no excuse to clamp down on freedom of expression.

It is worth recalling in this context that during the 2016 US presidential election campaign, Russia was accused of spreading damaging propaganda on social media to help Donald Trump win the White House. Then president Barack Obama had even ordered a “full review” of the alleged interference, but no restriction was placed on social media users since the country’s defamation law is equally applicable to everyone, whether private citizens or in the media. Abridging of freedom of speech or the press is strictly prohibited. Functioning democracies protect rather than make compromises on freedom of expression.

The PPP is expected to take a clear and strong stand on this highly controversial piece of legislation. The ruling PML-N also needs to realise that power is a fickle mistress. Sooner or later the situation will change. What will serve it in the longer run are its policies that bring about improvement in the lives of the people, and also safeguard democratic values. One can only hope good sense will prevail and the government will withdraw the Defamation Act, widely seen as a black law.

Copyright Business Recorder, 2024

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