LAHORE: The Lahore High Court on Friday heard more petitions challenging “The Punjab Defamation Act 2024”, giving diverse remarks on the freedom of expression and the government’s responsibility to protect citizens from slander.

Justice Muhammad Amjad Rafiq asked how the court could issue a stay order on the impugned law, stating that social media had turned everyone into a journalist and that common people also need protection.

“Is it journalism to claim that everyone in the courtroom bows down to a lawyer, judges went on the back foot, and press conferences happen every day after hearings,” the judge said, asking should such practices not be stopped.

The judge also observed that there were many laws where the government acted as both prosecutor and the judge.

Questioning the urgency behind such rapid legislation, the judge said if the petitioners proved that the legislative process was improper, the entire law would be nullified.

Advocate Azhar Siddique, the counsel for the Lahore Press Club, argued that a professional journalist was responsible for every news piece and laws and institutions existed to control fake news.

He said since the governor did not sign the bill, it should have been returned, and that the acting governor was not authorised to sign it.

LPC President Arshad Ansari said the journalists were promised that legislation would be made after consultation, but the government neither consulted them, nor addressed the flaws in the law.

The lawyer said the law violated fundamental rights as it did not grant the defendant the right to a fair trial, which was a constitutional requirement. He alleged that the government wanted to control professional journalists through the impugned law.

Justice Rafiq questioned how one can decide if a law should exist.

The judge also asked how one can undo the damage to someone’s reputation once it is tarnished.

The lawyer mentioned that all these issues were already covered under the Prevention of Electronic Crime Act 2016 (Peca) and making a new law was unnecessary as defamation laws already existed.

He added that the impugned law applied only to Punjab, asking if one could do whatever one wanted in other provinces. He said previously, federal laws applied countrywide.

The judge asked the counsel if such a law was needed in the country, to which the lawyer stated that the Peca was sufficient.

The judge noted that the Peca was for criminal cases.

The judge adjourned the hearing till July 4 and directed the advocate general office to come up with arguments on the points discussed in the court.

The other petition challenging the defamation law was filed by Opposition Leader in the Punjab Assembly, Ahmad Khan Bhachar.

Published in Dawn, June 15th, 2024