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PUNJAB DEFAMATION ACT 2024

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THE PUNJAB DEFAMATION ACT 2024 (II OF 2024)

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TEXT THE PUNJAB DEFAMATION ACT 2024 (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:

Section 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.

Section 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

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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;

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(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.

Section 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.

Section 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

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(g) the matter is covered by absolute or qualified privilege.

Section 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.

Section 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.

Section 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.

Section 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

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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;

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(b) competence and fitness;

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(c) integrity.

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(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.

Section 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.

Section 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

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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.

Section 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.

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(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.

Section 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 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).

Section 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

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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

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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.

Section 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.

Section 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.

Section 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.

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(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.

Section 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.

Section 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

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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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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

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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.

Section 27. Power to make Rules

The Government may, by notification in the official Gazette, make rules to carry out the purpose of this Act.

Section 28. Repeal

Subject to the provisions contained in this Act, the Defamation Ordinance, 2002 is hereby repealed.

Print contents from the source
CONTENTS 
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 
2 
 
25. Limitation of actions 
26. Appeal 
27. Power to make Rules 
28. Repeal
Compare the original stored transcription

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 4cd8cb5cd1708bda1b68eb45369e66146c2e38558486fa693ecaa5f05b66d90f.

THE PUNJAB DEFAMATION ACT 2024 
(II OF 2024) 
CONTENTS 
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 
2 
 
25. Limitation of actions 
26. Appeal 
27. Power to make Rules 
28. Repeal   
3 
 
TEXT 
THE PUNJAB DEFAMATION ACT 2024 
(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 
4 
 
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; 
5 
 
(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 
6 
 
(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 
7 
 
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 
8 
 
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.  
9 
 
 (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 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 
10 
 
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 
11 
 
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.  
12 
 
 (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 
13 
 
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 
14 
 
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.
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Section 11

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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

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Section 13

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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

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Section 8

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ial 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, in

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Section 8

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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

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Section 8

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is 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 t

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Section 8

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d 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 th

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Section 11

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ibunal 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 8 Rules. For the purpose of this Act, a special

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Section 11

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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

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Section 11

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ly 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

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Section 11

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inority 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 attor

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Section 11

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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 mad

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Section 26

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l 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

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Section 10

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edge 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) da

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Stored text SHA-256
4cd8cb5cd1708bda1b68eb45369e66146c2e38558486fa693ecaa5f05b66d90f
Original source SHA-256
ae185787fcdb43aa4290e597ed51e97ed60019508cf51628d52501dfcf49d308
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Source, version and text details
Recorded title
PUNJAB DEFAMATION ACT 2024
Source collection
Punjab — this does not establish territorial applicability.
Recorded version
Not supplied in this record
Source snapshot
2026-08-06T16:54:01Z
Legal status
not independently verified
Text quality
Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.
Recorded quality flags
No additional flags recorded
Stable record
punjab-code-a529a34302a3cf22
Content extent
Legal completeness not independently established
Integrity scope
Stored UTF-8 text and TXT download bytes checked against their recorded hash. This does not establish legal authenticity or currency.
Passage offsets
zero-based Unicode code points and UTF8 bytes; end exclusive
Stored text SHA-256
4cd8cb5cd1708bda1b68eb45369e66146c2e38558486fa693ecaa5f05b66d90f

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