DEFAMATION ORDINANCE, 2002

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THE DEFAMATION ORDINANCE, 2002 
(LVI of 2002) 
CONTENTS 
1. Short title, extent and commencement 
2. Definitions 
3. Defamation 
4. Defamation actionable 
5. Defences 
6. Absolute privilege 
7. Qualified privilege 
8. Notice of Action 
9. Remedies 
10. Code of Civil procedure and Qanun-e-Shahadat order to apply 
11. Ordinance not to prejudice action for criminal defamation 
12. Limitation of actions 
13. Trial of cases 
14. Court to decide the cases expeditiously 
15. Appeal 
16. Power to make rules 
TEXT 
1
THE DEFAMATION ORDINANCE, 2002 
(LVI of 2002) 
[1st October, 2002] 
An 
Ordinance 
to make provisions in respect of defamation 
Preamble.– WHEREAS it is expedient to make provisions in respect of defamation 
and for matters connected therewith or incidental thereto; 
 AND WHEREAS , the President is satisfied that circumstances exist which 
render it necessary to take immediate action; 
 NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the 
fourteenth day of October, 1999, and the Provisional  Constitution Order No.1 of 
1999, read with the Provisional Constitution (Amendment)  Order No. 9 of 1999, and 
in exercise of all powers enabling him in that behalf, the President of the Islamic 
Republic of Pakistan is pleased to make and promulgate the following Ordinance:– 
1. Short title, extent and commencement .– (1) This Ordinance may be called 
the Defamation Ordinance, 2002. 
2
[(2) It extends to the whole of the Punjab]. 
 (3) It shall come into force at once. 
2. Definitions.– In this Ordinance, unless there is anything repugnant in the 
subject or context,– 
3
[(a) [xxxx]; 
(b) “broadcasting” means the dissemination of writings, signs, signals, 
pictures and  sounds of all kind, including any electronic device, 
intended to be received by the public 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 
                                                           
1In pursuance of the Proclamation of Emergency of the fourteenth day of Oc tober, 1999, and the 
Provisional Constitution Order No.1 of 1999, read with the Provisional Constitution (Amendment) Order No.9 of 1999, and in 
exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan promulgated this Ordinance 
which was published in the Gazette of Pakistan, Extraordinary, 1st October, 2002, pages 1219-1222. 
This Ordinance was originally in the Federal ambit, however, the subject on which this law was enacted devolved to the 
provinces by virtue o f 18th Amendment in the Constitution, hence it was adapted, with amendments, for the province of the 
Punjab by the Defamation (Ame ndment) Act 2012 (VIII of 2012); and published in the Punjab Gazette (Extraordinary), pages 
40131-40132, dated 11.2.2012. 
2Sub-section (2) of Section 1 is substituted for “It extends to whole of the Pakistan” by the Defamation (Amendment) Act, 2012 
(VIII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40131-40132, s.2. 
3Clause (a) omitted b y the Defamation ( Amendment) Act , 2004  (IX of 2004); and published in the Gazette of Pakistan 
(Extraordinary), Part I, dated 30.11.2004, pages 180-182, s.2(i). 
(ii) cables, computer, wires, fibre-optic linkages or laser beams, and  
“broadcast” has a corresponding meaning; 
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[(bb) “Court” means the District Court;]  
(c) “editor” means a person or operator having editorial or equiva lent 
responsibility for the content or the statement or the decision to publi sh 
or circulate it;  
5
[(cc) “Government” means Government of the Punjab; 
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[(d) “newspaper” means a paper containing public news, intelligence or 
occurrences or remarks or observations or containing only, or principally, 
advertisements, printed for distribution to the public and published 
periodically, or in parts or number, and includes such other periodical 
works as the Government may, by notification in the official Gazette, 
declare to be newspaper;] 
7
[(dd)  “originator” means the initiator of the defamatory statement or any other 
defamatory act;] 
(e) “publication” means the communication of the words to at least one 
person other than the person defamed and includes a newspaper or  
broadcast through the internet or other media; and 
(f) “publisher” means a commercial publisher, that is, a person whose 
business is issuing material to the public, or a section of the public, 
who issues material containing the statement in the course of that 
business. 
3. Defamation.– (1) Any wrongful act or publication or circulation of a false 
statement or representation made orally or in written or visual fo rm which injures the 
reputation of a person, tends to lower him in the estimation of others or te nds to 
reduce him to ridicule, unjust criticism, dislike, contempt or hatred shall be actionable 
as defamation. 
 (2) Defamation is of two forms, namely:– 
(i) slander; and 
(ii) libel. 
 (3) Any false oral statement or representation that amounts to defamatio n 
shall be actionable as slander. 
                                                           
4Clause (bb) inserted by the Defamation (Am endment) Act, 2004 (IX of 2004); and published in the G azette of Pakistan 
(Extraordinary), Part I, dated 30.11.2004, pages 180-182, s.2(ii). 
5Inserted by the Defamation (Amendment) Act, 2012 (VIII of 2012) ; and published in the Punjab Gazette (Extraordinary), dated 
11.2.2012, pages 40131-40132, s.3(a). 
6Substituted clause (d) of Section 2 for [“ newspaper” means a paper containing public news, intelligence or occurrences or 
remarks or observations or containing only, or principally, advertisements, printed for distribution to the public and publis hed 
periodically, or in parts or member, and includes such other periodical works as the Federal Government may, by notification in the 
official Gazette, declare to be newspaper”  by the Defamation (Amendment) Act, 2012 (VIII of 2012); and published in the Punjab 
Gazette (Extraordinary), , dated 11.2.2012, pages 40131-40132, s.3(b). 
7Inserted by the Defamation (Amendment) Act, 2004 (Federal Act IX of 2004) ; and published in the Gazette of Pakistan 
(Extraordinary), Part I, dated 30.11.2004, pages 180-182, s.2(iii). 
 (4) Any false written, documentary or visual statement or represent ation 
made either by ordinary f orm or expression or by electronic or other modern means 
or devices that amounts to defamation shall be actionable as libel.  
4. Defamation actionable .–The publication of defamatory matter is an 
actionable wrong without proof of special damage to the person defamed and where 
defamation is proved, damage shall be presumed. 
5. Defences.– In defamation proceedings a person has a defence if he shows 
that– 
(a) he was not the author, editor, publisher or printer of the statement 
complained of; 
(b) the matter comm ented on is fair and in the public interest and is an 
expression of opinion and not an assertion of fact and was published in 
good faith; 
(c) it is based on truth and was made for public good; 
(d) assent was given for the publication by the plaintiff; 
(e) offer to tender a proper apology and publish the same was made by 
the defendant but was refused by the plaintiff; 
(f) an offer to print or publish a contradiction or denial in the same manner 
and with the same prominence was made but was refused by the 
plaintiff; 
(g) the matter complained of was privileged communication such as 
between lawyer and client or between persons havi ng fiduciary 
relations; and 
(h) the matter is covered by absolute or qualified privilege. 
6. 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 
relating to judicial proceedings ordered to be published by the Court or any report, 
note or matter written or published by or under the authority of a 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 the judicial powers. 
7. Qualified privilege .– Any fair and accurate publication 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. 
8. Notice of action.– No action lies unless the plaint iff has, within two months 
after the publication of the defamatory matter has come to his notice or knowledge, 
given to the defendant, fourteen days notice in writing of his intention to bring an 
action, specifying the defamatory matter complained of. 
9. Remedies.– Where defamation shall be proved to have occurred, the Court 
may pass order directi ng the defendant to tender an apology, if acceptable to the 
plaintiff, and publish the same in similar manner and with the same prominence as 
the defamatory statem ent made and pay reasonable compensatory damages as 
general damages with a minimum of Rs. 50,000 (Rupees fifty thousand) 
8
[*****] and 
in addition thereto, any special damage incurred that is proved by the plaintiff to the 
satisfaction of the Court 
9
[:] 
 
10
[Provided that in case of the originator the minimum compensatory damages 
as general damages shall be three hundred thousand rupees.] 
10. Code of Civil Procedure and Qanun -e-Shahadat O rder to apply .– The 
Code of Civil Procedure, 1908 (Act No. V of 1908) and the Qanun-e-Shahadat, 1984 
(P.O. No.  10 of 1984) shall mutatis mutandis, apply to the proceedings under this 
Ordinance. 
11. Ordinance not to prejudice action for criminal defamation .– Nothing in 
this Ordinance shall prejudice any action for criminal libel  or slander under any law 
for the time being in force. 
12. Limitation of actions.– An action against– 
(a) an author, editor, proprietor or publisher of a newspaper; 
(b) the owner of a broadcasting station; 
(c) an officer, servant or employee of the newspap er or broadcasting 
station; or 
(d) any other purpose,  
for defamation contained in the newspaper or broadcast from the station or its 
publication otherwise shall be taken within six months after the publication of the 
defamatory matter came to the notice or knowledge of the person defamed. 
11
[13. Trial of cases.– The District Court shall have the jurisdiction to try the cases 
under this Ordinance.] 
14. Court to decide the cases expeditiously .– The Court shall decide a case 
under this Ordinance within a period of 
12
[ninety days]. 
13
[15. Appeal.– An appeal against the final decision and decree of the Court shall lie 
to the High Court within thirty days and the High Court shall deci de the appeal within 
sixty days: 
                                                           
8Words “or shall undergo three months imprisonment” omitted by the Defamation (Am endment) Act, 2004 (IX of 2004) ; and 
published in the Gazette of Pakistan (Extraordinary), Part I, dated 30.11.2004, pages 180-182, s.3(i). 
9Replace the full -stop by the Defamation ( Amendment) Act, 2004  (IX of 2004); and published in the Gazette of Pakistan 
(Extraordinary), Part I, dated 30.11.2004, pages 180-182,s.3(ii). 
10Inserted by the Defamation (Am endment) Act, 2004 (IX of 2004) ; and published in the Gazette of Pakistan (Extraord inary), 
Part I, dated 30.11.2004, pages 180-182,s.3(ii). 
11S.13 subs tituted by the Defamation (Am endment) Act,  2004 (IX of 2004); and published in the Gazette of Pakistan 
(Extraordinary), Part I, dated 30.11.2004, pages 180-182,s.4. 
12Words “six months” substituted by the Defamation (Am endment) Act, 2004 (IX of 2004)  ; and published in the Gazette of 
Pakistan (Extraordinary), Part I, dated 30.11.2004, pages 180-182,s.5.. 
 Provided that no appeal shall lie against an interlocutory order of the Court.] 
16. Power to make rules .– The 
14
[****] Government may, by notification in the 
official Gazette, make rules to carry out the purposes of this Ordinance. 
                                                                                                                                                                                     
13S.15 subs tituted by the Defamation (Am endment) Act , 2004  (IX of 2004) ; and published in the Gazette of Pakistan 
(Extraordinary), Part I, dated 30.11.2004, pages 180-182,s.6. 
14The word “Federal” is omitted by the Defamation (Amendment) Act, 2012 (VIII of 2012) ; and published in the Punjab Gazette 
(Extraordinary),, dated 11.2.2012, pages 40131-40132, s.4.