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Pakistan (Punjab) Legislation |
THE PUNJAB
DEFAMATION ACT 2024
(Act II of 2024)
C O N T E N T S
Section Heading
1. Short title, extent and commencement.
2. Definitions.
3. Defamation actionable.
4. Defences.
5. Absolute Privilege.
6. Qualified Privilege.
7. Act to override other laws.
8. Establishment of Tribunal.
9. Resignation and removal of Member.
10. Powers and jurisdiction of the Tribunal.
11. Procedure of Tribunal.
12. No comment on pending proceedings.
13. Leave to defend.
14. Claim by or Against Female or a Member of a Minority Community.
15. Preliminary Decree.
16. Execution of Decree.
17. Onus to prove.
18. Ex-parte proceeding.
19. Admissions.
20. Penalties for false and frivolous claims.
21. Consequences of proof of defamation.
22. Code of Civil Procedure to apply.
23. Qanun-e-Shahadat not to apply.
24. Act not to prejudice action for criminal defamation.
25. Limitation of actions.
26. Appeal.
27. Power to make Rules.
28. Repeal.
[1]THE PUNJAB DEFAMATION ACT 2024
(ACT II OF 2024)
[7th June 2024]
An Act to
make provisions in respect of defamation.
It is necessary to make provisions in respect
of defamation and for matters connected therewith and ancillary thereto.
Be it enacted by Provincial Assembly of the
Punjab as follows:
1. Short
title, extent and commencement.-
(1) This Act may be cited as the Punjab
Defamation Act 2024.
(2) It shall extend to whole of the Punjab.
(3) It shall come into force at once.
2. Definitions.- In this Act:
(a)
"Act" means the Punjab
Defamation Act 2024;
(b)
"broadcasting" or
"broadcast" means the dissemination of writings, signs, signals, pictures and
sounds of all kinds, including any
electronic device, intended to be received
by the public through social media websites, applications and platforms
(including but
not limited to Facebook, Instagram, X/twitter, WhatsApp, TikTok
etc.), either directly or through the medium of relay stations, by
means of:
(i) a form
of wireless radio-electric communication utilizing Hertzian waves, including
radio telegraph and radio telephone; or
(ii) cables,
computers, wires, fiber-optic linkages or laser beams; or
(iii) any
other electronic or information technology medium or technology;
(c)
"claim" means the claim
in the form of a plaint or application instituted before the Tribunal under
section 11 hereof, for grant of
decree for damages and costs in favour of the
Claimant and against the Defendant;
(d)
"Claimant" means the
person who, being aggrieved of defamation, institutes a claim before the
Tribunal under this Act;
(e)
"Code" means the Code
of Civil Procedure 1908 (V of 1908);
(f)
"Constitutional Office" means the President,
Governor, Chief Justice of Pakistan and Judges of the Supreme Court, Chief
Justice and Judges of the Lahore High
Court, Prime Minister, leader of the
Opposition in National Assembly, Speaker of the National Assembly, Chairman of
the Senate, Chief
Minister, leader of the Opposition in Provincial Assembly,
Speakers of Provincial Assemblies, Chairman and members of Election Commission
of Pakistan, the Auditor General of Pakistan, the Chairman, Joint Chiefs of
Staff Committee, the Chief of the Army Staff, the Chief
of the Naval Staff and
the Chief of the Air Staff;
(g)
"costs" mean and
include the costs to be imposed and granted by the Tribunal to the Parties to
the proceedings under the Act;
(h)
"defamation" means
publication, broadcast or circulation of a false or untrue statement or
representation made orally or in writing
or visual form either by ordinary form
or expression or by electronic or other modern medium, means or devices or
through social
media or any online or social media website, application or
platform, which injures or may have the effect of injuring the reputation
of a
person or tends to lower him in the estimation of others, or ridicules him, or
exposes him to unjust criticism, disliking, contempt
or hatred, and such
defamation shall also include comments, statements and representations targeted
towards certain genders and minorities
as contained in section 14 of this Act;
(i)
"Defendant" means the
person who has allegedly committed defamation and against whom a claim has been
filed by the Claimant before
the Tribunal;
(j)
"editor" means a person
having editorial or equivalent responsibility for the content of the statement
or the decision to publish
or circulate it, and also includes the operator or
user of a social media account or medium, as defined in clause (b) of this
section;
(k)
"General Damages" means
damages to be granted by the Tribunal at the time of granting preliminary
decree, if the Defendant fails to
obtain leave to defend in terms of section 13
of this Act, with a minimum of Rs. 3,000,000/- (Rupees Three Million);
(l)
"Government" means
Government of the Punjab;
(m)
"Journalist" means any
person who is professionally or regularly engaged by a newspaper, magazine,
news website or other news broadcast
medium (whether online or offline), and
includes any person who creates and uploads social media news or current affairs
content
or otherwise has a substantial track record of freelancing for any
newspaper, magazine, news website or other news broadcast medium;
(n)
"Member" means a Member
of the Tribunal appointed under section 8 of this Act but does not include a
specially nominated Single Bench
of the Lahore High Court;
(o)
"newspaper" means a
newspaper and includes a website, application or other social media platform
containing public news, intelligence
or occurrences or remarks or observations
or containing only, or principally, advertisements, printed or electronically or
digitally
issued for distribution to the public and published or issued
periodically or in parts or numbers, and includes such other periodical
works
as the Government may, by notification in the official Gazette, declare to be a
newspaper;
(p)
"originator" means the
initiator of the defamatory statement or any other defamatory act;
(q)
"Parties" means the
parties to the proceedings before the Tribunal, i.e., the Claimant and the
Defendant;
(r)
"prescribed" means
prescribed by the rules made under this Act;
(s)
"publication" means the
communication of the words or visual statement or representation to at least
one person other than the person
defamed, and includes a newspaper or
broadcast;
(t)
"publisher" means a
commercial publisher, that is, a person whose business is to publicize or
disseminate any material to the public
or a section of the public and who
issues material containing the statement in the course of that business;
(u)
"Punitive Damages"
means the damages in cases demonstrating malice, bad-faith or repeated conduct
by the Defendant, which may extend
up to ten (10) times the quantum of the
General Damages;
(v)
"rules" means the rules
made under this Act.
(w)
"Special Damages" means
the damages to be granted after the final conclusion of the proceedings, if the
Claimant seeks to proceed
further with the case after issuance of the
preliminary decree and has been able to establish his/her claim for such
damages, which
shall be in addition to the General Damages granted by the
Tribunal; and
(x)
"Tribunal" means the
Punjab Defamation Tribunal constituted under section 8 of this Act and shall
also be used interchangeably for
the specially nominated Single Bench of the
Lahore High Court where the jurisdiction is invoked by the holder of a Constitutional
Office under this Act.
3. Defamation
actionable.- Subject to the
provisions of this Act and any other law for the time being in force,
defamation shall be a civil wrong and the person
defamed may initiate an action
under this Act without proof of actual damage or loss and, where defamation is
proved, General Damages
shall be presumed to have been suffered by the person
defamed.
4. Defences.- In defamation proceedings, a person shall have
a defence if he shows that:
(a)
he was performing
journalistic activities and broadcasted true news for the information of the
public;
(b)
he was analyzing or
discussing a situation in a fair and transparent manner in the public interest
through online platform;
(c)
the matter commented on
is fair and in the public interest and is an expression of opinion and not an
assertion of fact;
(d)
the statement is based
on truth;
(e)
assent was given for
the publication by the Claimant;
(f)
the matter complained
of was privileged communication such as between lawyer and client or between
persons having fiduciary relations;
and
(g)
the matter is covered
by absolute or qualified privilege.
5. Absolute
Privilege.- Any publication of statement made in the
Federal or Provincial Legislatures, reports, papers, notes and proceedings
ordered to
be published by either House of the Parliament or by the Provincial
Assemblies, or is part of judicial proceedings or record or any
report, note or
matter written or published by or under the authority of the Government, shall
have the protection of absolute privilege.
Explanation: In this section legislature includes a
local legislature and court includes any tribunal or body exercising judicial
powers.
6. Qualified
Privilege.- Any fair and accurate publication or broadcast
of parliamentary proceedings, or judicial proceedings which the public may
attend
and statements made to the proper authorities in order to procure the
redress of public grievances shall have the protection of qualified
privilege.
7. Act to override other laws.- The provisions of this Act
shall have effect notwithstanding anything inconsistent therewith contained in
any other law for the time
being in force.
8. Establishment
of Tribunal.- (1) The Government may, by notification in the
official Gazette, establish as many Tribunals as it considers necessary to
exercise
jurisdiction under this Act and appoint a Member for each of such
Tribunals and, where it establishes more Tribunals than one, it
shall
specify in the notification the territorial limits within which each of such
Tribunals shall exercise its respective jurisdiction
under this Act.
(2) A Member shall be appointed by the
Government in consultation with the Chief Justice of the Lahore High Court, and
no person shall
be appointed as a Member unless he has been a Judge of the
Lahore High Court; or is or has been a District Judge or is an Advocate
of
Supreme Court of Pakistan, qualified to be appointed as a Judge of the
Lahore High Court.
(3) For the purposes of sub-section (2), in
order to achieve effective, meaningful and purposive consensus, and to ensure
transparency,
the process for appointment of the Member shall be as follows:
(a) where
the Member is to be appointed is from the judiciary, the Chief Justice shall
nominate three (3) qualified persons, and the Government
shall appoint one of
such three as the Member. In case the Government is not satisfied as to the
qualification or suitability of
any of the three nominations, it shall return
the recommendation with reasons to be recorded in writing, whereupon the Chief
Justice
shall send a fresh recommendation of three nominees, till a Member is
appointed as per the procedure prescribed herein;
(b) where
the Member is to be appointed is from the legal fraternity, the Government
shall nominate three (3) qualified persons, and the
Chief Justice shall approve
one of such three as the Member. In case the Chief Justice is not satisfied as
to the qualification or
suitability of any of the three nominations, he shall
return the recommendation with reasons to be recorded in writing, whereupon
the
Government shall send a fresh recommendation of three nominees, till a Member
is appointed as per the procedure prescribed herein.
(4) A
Tribunal shall hold its sittings at such place within its territorial
jurisdiction as may be determined by the Government.
(5) A
Member shall be initially appointed for a term of three years or till reaching
the retiring age, whichever is earlier, from the
date on which he enters upon
office.
(6) The
term of the office of the Members shall be subject to renewal after every
eighteen (18) months after evaluation of their performance
by a Performance
Review Committee, to be constituted under the Rules. The Committee shall
evaluate the Members on the following touchstone:
(a) adherence
to statutory timelines; 50%
(b) competence
and fitness; 25%
(c) integrity. 25%
(7) The
retiring age of the Member, not being a serving District Judge, shall be
seventy (70) years.
(8) The
salary, allowances and other terms and conditions of service of a person
appointed as a Member, including that of a serving District
Judge while
discharging his duty as Member, shall be such as the Government may determine
by the Rules. In case of a serving District
Judge, he will be entitled to such
additional allowances and benefits, which shall equate his benefits as that of
any other Member
appointed by the Government in terms of this section and the
Rules made under this Act.
9. Resignation
and removal of Member.- (1) A person, not being a serving District
Judge, appointed as a Member under section 8 may, by notice in writing under
his hand
addressed to the Government, resign from his office.
(2) A person appointed as a Member under section 8
may be removed from the office by the Government prior to completion of his
tenure,
after
seeking consultation with the Chief Justice of the Lahore High Court.
10. Powers
and jurisdiction of the Tribunal.- (1) Subject to the provisions of this Act, a
Tribunal shall, while exercising jurisdiction under this Act, have all the
powers as
are vested in a civil court under the Code.
(2) A
Tribunal shall in all matters with respect to which the procedure has not been
specifically provided in this Act or under the Rules,
follow the procedure laid
down in the Code.
(3) Subject
to sub-sections (4) & (5), no other court or tribunal or
judicial/quasi-judicial forum, other than a Tribunal constituted
under this
Act, shall have jurisdiction or may exercise any jurisdiction with respect to
any matter to which the jurisdiction of
a Tribunal extends under this Act.
(4) For
the purpose of any claim to be filed by the holder of a Constitutional Office,
the claim in terms of sub-sections (2) & (3)
of section 11 shall be filed
before the Lahore High Court, and the jurisdiction under this Act for such a
claim shall be exercised
in the same manner as provided under this Act and the
Rules. For the purpose of this Act, a special Single Bench shall be nominated
from time to time by the Chief Justice of the Lahore High Court as a Special
Bench at the Principal Seat of the Lahore High Court,
Lahore, notwithstanding
any bar that may otherwise exist on its territorial limits or jurisdiction.
(5) All
proceedings pending in any court or tribunal under the Defamation Ordinance,
2002 shall continue to be heard and disposed of by
the same court having
jurisdiction under the said Ordinance, and all other remedies under the said
Ordinance shall be available in
the same manner as were available before the
coming into force of this Act.
(6) The
Tribunal shall decide the case within one hundred and eighty (180) days from
the date of the first appearance of the Defendant.
(7) Notwithstanding
anything contained in the Code or any other law for the time being in force,
the Tribunal shall have jurisdiction
regarding any claim or actionable wrong,
which has either been disseminated, circulated, received, read or viewed within
the territorial
precincts of Punjab or, as a result of such material being
published or broadcasted, a person who resides, works for gain or discharges
his functions/duties, either permanently or temporarily, within the territorial
limits of Punjab, has been defamed.
(8) The
Tribunal may grant pre-trial settlement opportunity to the Parties by referring
the matter for mediation to an accredited Alternate
Dispute Resolution (ADR)
Centre in the District, if so consented to by both parties.
(9) If
the matter is referred to mediation in terms of sub-section (8) above, the
decision of the mediator shall be final.
(10) The
Tribunal may award actual costs, including counsels' actual fee, legal fees and
expenses incurred, expenses relating to witnesses
and other costs of
litigation, on the basis of sufficient and justifiable reasons.
11. Procedure
of Tribunal.- (1) While deciding a
case, the Tribunal shall, subject to the provisions of this Act, adopt the
summary procedure provided in Order
XXXVII of the Code.
(2) A Claimant may, within sixty days of the
defamation or coming to his notice or knowledge of such defamation, may
institute a claim
before the Tribunal by presenting his claim in the form of a
plaint or application, which shall be verified on oath by the Claimant.
(3) In case of a claim, if so desired to be
filed by the holder of a Constitutional Office, the same may be filed through
an authorized
officer or attorney, without there being a need for the holder of
the Constitutional Office to put up his appearance during the proceedings.
Any
statement made by the authorized officer or attorney shall be deemed to be a
statement of the holder of Constitutional Office:
Provided that the any
change of status or position of the holder of the Constitutional Office or
cessation of his position as such
will not affect the proceedings already
initiated and the same shall continue and be concluded in the same mode and
manner, on the
basis of such position, as it stood on the day when the claim
was filed.
(4) The claim
shall comprise of a concise statement of facts and damages being sought,
supported by statements in the form of affidavits
of at-least two witnesses
along with all the relevant documents concerning the claim, including the
defamatory statement.
(5) Copies of the claim, affidavits and
other relevant documents shall be filed with the Tribunal in such numbers that
there is one set
of copies for each Defendant and one extra copy.
(6) The claim shall specifically state the
amount of General, Special and Punitive Damages along-with costs sought by the
Claimant.
(7) On a claim
being presented to the Tribunal, summons in Form No. 4 in Appendix 'B' to the
Code or in such other form as may, from time
to time, be prescribed by the
rules under this Act, shall be served on the Defendant through the
process-server of the Tribunal,
by registered post, by email, SMS, WhatsApp,
courier, by publication in one English language and one Urdu language daily
newspaper
of wide circulation, and to the extent practicable by the same mode,
medium or platform through which the defamatory material has
been disseminated.
The service duly effected in any one of the aforesaid modes shall be deemed to
be valid service for purposes of
this Act.
(8) In the case of service of the summons
through process-server, a copy of the claim shall be attached therewith and in
all other cases,
the Defendant shall be entitled to obtain a copy of the claim
from the office of the Tribunal without making a written application
but
against due acknowledgement.
12. No
comment on pending proceedings.- (1) Notwithstanding anything to the contrary in this Act or in any other
law for the time being in force, no person (including but not limited to, the
parties
to the proceedings before the Tribunal, their counsel and legal
advisers, witnesses, the member of the Tribunal, court staff, or
any other
third person) shall be permitted to comment or make any statement relating to
any proceedings pending before the Tribunal
under this Act. This clause shall
apply automatically from the inception till the final conclusion of the
proceedings, and shall
not require any order to this effect being specifically
passed by the Tribunal or any other authority.
(2)
Any person who is found in violation
of the prohibition imposed by sub-section (1) by the Tribunal, whether on the
application of
any person or on its own motion, shall be liable to pay an
initial fine of Rs. 50,000/- (Rupees Fifty Thousand) for each violation,
along
with an additional Rs. 10,000/- (Rupees Ten Thousand) for each day that the
said violation continues. In case of more than
one violation, the fines so
prescribed shall be payable for each violation separately.
(3)
No defense whatsoever, such as fair
comment, discussion in the public interest, an expression of opinion or fact,
comment made in
good faith, ignorance of law, etc., shall be available to any
person for violation of sub-section (1).
13. Leave
to defend.- (1) In any case in which the summons have been
served on the Defendant as provided for in sub-section (7) of section 11, the
Defendant
shall not be entitled to defend the claim unless he obtains leave to
defend from the Tribunal as hereinafter provided; and, in default
of his doing
so, the allegations of fact in the claim shall be deemed to be admitted and the
Tribunal shall forthwith pass a preliminary
decree of General Damages in favour
of the Claimant on the basis thereof or such other material as the Tribunal may
require in the
interest of justice.
(2) The
Defendant shall file the application for leave to defend within thirty days of
the date of first appearance before Tribunal, either
personally or through a
counsel/attorney having been instructed to appear on the date of hearing
mentioned on any one of the modes
of service laid down in sub-section (7) of
section 11.
(3) The application for leave to defend shall be in the
form of a written statement and shall contain a concise statement of rebuttal
of the averments of the claim and must contain substantial questions of law as
well as fact in respect of which, in the opinion of
the Defendant, evidence
needs to be recorded.
(4) The application for leave to defend may
also contain the amount of Punitive Damages, if the Defendant wishes to claim
such damages
on the grounds of claim being false, vexatious, baseless and mala
fide.
(5) The
application for leave to defend shall be accompanied by all the documents
which, in the opinion of the Defendant, support the
substantial questions of
law and fact raised by him.
(6) The
Claimant shall be given an opportunity of filing a reply to the application for
leave to defend, in the form of a replication.
(7) On the
date of filing of the leave to defend, the Tribunal shall, set down three dates
of hearing of the choice of the Defendant or
his counsel, affording opportunity
of hearing to the Parties for deciding the application for leave to defend;
provided, however,
that these three dates of hearing shall remain confined so
as to ensure that the application for leave to defend is decided within
the
stipulated period of thirty (30) days from the date of filing of the leave to
defend, and this period shall not be extended under
any circumstances nor shall
the Tribunal grant any unnecessary adjournments during the course of the
proceedings.
(8) The Tribunal shall grant the Defendant
leave to defend the claim if, upon consideration of the contents of the claim,
the application
for leave to defend and the reply thereto, it is of the view
that substantial questions of law and fact have been raised in respect
whereof
evidence needs to be recorded.
(9) While granting leave under sub-section
(8), the Tribunal may impose such conditions as it may deem appropriate in the
circumstances
of the case, including conditions as to deposit of cash or
furnishing of security.
(10) Where the application for leave to defend
is accepted, the Tribunal shall treat the application as a written statement.
(11) Where the application for leave to defend is
rejected or where a Defendant fails to fulfill the conditions attached to the
grant of
leave to defend, the Tribunal shall forthwith pass a preliminary
decree of General Damages against such Defendant.
(12) After the passing of the preliminary
decree, the Tribunal shall fix the next date of hearing, within fourteen (14)
days of the date
of issuance of the preliminary decree, as a date for the
settlement of further claim of damages and costs between the Parties.
(13) In case the settlement as provided in
sub-section (12) fails and Claimant seeks to pursue the case over and above the
preliminary
decree passed in the form of General Damages, the proposed issues
along with the list of witnesses, documents and other material
sought to be
produced through process of the Tribunal shall be filed without fail by the
Parties on next date of hearing fixed by
the Tribunal, which date shall not be
beyond fourteen (14) days, following the date fixed for settlement in terms of
sub section
(12).
(14) On the next date of hearing, following the
date fixed for the proceedings in terms of sub-section (12), the Tribunal shall
schedule
the trial proceedings and fix a maximum of three dates of hearing,
within a total period of thirty (30) days, for each of the Parties
for
production of their evidence.
(15) The affidavit of the witnesses filed by the
respective Parties may be treated as witness's statement in chief, if the
witness concerned
does not wish to make an oral statement before the Tribunal.
14. Claim
by or against female or a member of a minority community.- (1) In case a female or member of a minority
community is victim of defamation and seeks to lodge his claim in terms of sub
sections (2)
& (3) of section 11 or where the defendant of a claim under
sub sections (2) & (3) of section 11 is a female or member of
Minority
Community, such claimant or defendant, as the case may be, request to seek the
provision of services of an attorney/advocate/pleader
and considering such
request, such facility shall be made available by the office of the District
Attorney, for the purpose of proceedings
before the Tribunal and by the office
of the Advocate General for the purpose of proceedings before the High Court.
(2) In case of actionable
defamation pertaining gender sensitive or minority community related
defamation, the request for in camera proceedings
may be made, which will be
decided by the Tribunal on the basis of merits of each case.
15. Preliminary
Decree.- (1) In case of failure
of the Defendant to obtain leave to defend, the Tribunal shall forthwith pass
the preliminary decree for General
Damages.
(2) The
preliminary decree passed under sub-section (1) shall, for all purposes
(including appeal and execution), be deemed to be a decree
passed under this
Act, and any amount covered thereby or recovered in execution thereof shall be
adjusted at the time of the final
decree:
Provided that it shall
be open to the Tribunal, notwithstanding the pendency of any appeal, to modify
in part or in whole or reverse
the terms of the preliminary decree at the time
of the final disposal of the claim, and pass such order as it may deem just and
proper:
Provided further that
neither the Tribunal nor the Lahore High Court shall stay execution of a
preliminary decree unless the judgment-debtor
deposits in cash with the
Tribunal the decretal amount and the Tribunal, in lieu of such cash, shall
accept no surety or guarantee.
16. Execution
of Decree.- (1) Upon pronouncement of preliminary decree,
the claim to that extent shall automatically stand converted into execution
proceedings
without the need to file a separate application for execution and
no fresh notice need be issued to the Defendant/judgment-debtor
in this regard.
(2)
A separate file shall be construed
for the purpose of the remaining claim, if so desired to be proceeded with by
the Claimant, and
any final judgment or decree, if so passed, shall merge in
the preliminary decree:
Provided that if the record of the claim is
summoned at any stage by the Lahore High Court for purposes of hearing an
appeal under
section 26 or otherwise, copies of the decree and other documents
shall be retained by the Tribunal for the purpose of continuing
the execution
proceedings.
(3) The decree passed by the Tribunal shall
be executed in accordance with the provisions of the Code or any other law for
the time being
in force or in such manner as the Tribunal may, at the request
of the decree-holder, consider appropriate, including recovery as
arrears of
land revenue, and arrest and detention of the judgment-debtor.
(4) The Tribunal may seek the services and
assistance of law enforcement agencies, including the Punjab Police, in
exercise of powers
conferred under this section.
(5) Notwithstanding
anything contained in the Code or any other law for the time being in
force:
(a) the
Tribunal shall follow the summary procedure for purposes of investigation of
claims and objections in respect of the attachment
or sale of any asset or
property of the judgment-debtor for the purpose of satisfaction of the decree,
and shall conclude such Investigation within thirty (30) days of filing of such
claims or objections; and
(b) if
the claim or objection are found by the Tribunal to be mala fide or
filed merely to delay the sale of the property or asset, it may impose a
penalty up to twenty percent (20%) of the sale price
of the property upon such
judgment-debtor.
17. Onus
to prove.-
Notwithstanding anything contained in this Act, the Claimant shall not be bound
to establish his reputation, but it shall be sufficient
if he proves any
damage, over and above the General Damages to his reputation against the
Defendant.
18. Ex-parte
proceeding.- (1) Notwithstanding anything contained in
the Code or any other law time being in force, if the Defendant does not
appear, or intentionally
avoids to appear before the Tribunal, the Tribunal
shall, after having been satisfied that the Defendant has willfully avoided the
service of the notice or opted not to appear, may pass such ex-parte
order or judgment as it may deem appropriate.
(2) The ex-parte order or judgment
passed under sub-section (1) shall not be appealable, but may be set aside by
the Tribunal on application by the
Defendant, along with leave to defend,
within thirty (30) days of the passing of such ex-parte order or within
thirty (30) days of coming into knowledge of such order, as the case may be.
(3) For
an application for setting aside an ex-parte order or judgment, the
Defendant shall be liable to furnish sufficient security, equivalent to the
amount of the decree, to the satisfaction
of the Tribunal, and shall have to
set up sufficient cause that he did not have knowledge of passing of such order
or judgment, or
was prevented from appearing before the Tribunal:
Provided that no notice or stay on an
application under sub-section (2) shall be issued, unless the sufficient
security, as ordered
in terms of sub-section (3), is furnished by the
Defendant.
19. Admissions.- The Tribunal may, in the interest of
expeditious disposal and to reduce the contested issues and costs of
litigation, grant an opportunity
to the Parties to recourse to Order XII of the
Code.
20. Penalties
for false and frivolous claims.-
In case of false, frivolous and vexatious
claims, the Tribunal shall order Punitive Damages against the Claimant, as
provided under
this Act.
21. Consequences
of proof of defamation.- (1) Where defamation is proved to have
occurred, the Tribunal may pass an order directing the Defendant to tender an
unconditional
apology, if acceptable to the Claimant, and direct the same to be
published in the same manner and with the same prominence as the
defamatory
statement was made, and pay the damages in terms of this Act.
(2) Where defamation is proved to have
occurred, the Tribunal may, in addition to the damages that are decreed and/or
direction for tendering
an apology, also issue a direction to the relevant
regulatory authority to suspend or block the social media account of the
Defendant,
or any other medium or platform covered by this Act through which
the defamatory content was disseminated.
22. Code
of Civil Procedure to apply.- The Code of Civil Procedure, 1908 (V of 1908),
apply to the proceedings under this Act, where no specific procedure of
provision
is supplied under this Act.
23. Qanun-e-Shahadat
not to apply.-
The Qanun-e-Shahadat 1984 (P.O. No.10 of 1984) shall not apply to the
proceedings under the Act.
24. Act
not to prejudice action for criminal defamation.- Nothing in this Act shall prejudice any action
for criminal libel or slander under any law for time being in force.
25. Limitation
of actions.- A claim shall be instituted under the Act
within sixty (60) days after defamation came to the notice or knowledge of the
person so
defamed.
26. Appeal.- Any person aggrieved by the final judgment and
decree of the Tribunal or by the High Court in terms of sub section 4 of
section 10,
may file an appeal to the Lahore High Court within thirty (30) days
from passing of such judgment and decree and such an appeal shall
be heard and
decided by a bench of two judges the Lahore High Court within sixty (60) days:
Provided that no appeal shall lie against any
interlocutory order of the Tribunal:
Provided
further that no stay order shall be granted, staying the proceedings of the
Tribunal and in case of an appeal against a preliminary
or final decree, the
operation of the decree or execution proceedings shall only be stayed on the
deposit of the equivalent amount
with the Registrar of the Lahore High Court,
which amount shall be placed in a profit bearing scheme till the final disposal
of the
appeal.
27. Power
to make Rules.- The Government may, by notification in the
official Gazette, make rules to carry out the purpose of this Act.
28. Repeal.- Subject to the provisions contained in this
Act, the Defamation Ordinance, 2002 is hereby repealed.
[1]This Act was passed by Provincial Assembly
of the Punjab on 20 May 2024; assented to by the Acting Governor of the Punjab
on 07 June
2024; and was published in the Punjab Gazette (Extraordinary), dated
07 June 2024, Pages: 4681-90.
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