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  "title": "PUNJAB DEFAMATION ACT 2024",
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  "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/U2MGMVZkW2lUMw--",
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  "text": "THE PUNJAB DEFAMATION ACT 2024 \r\n(II OF 2024) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Defamation actionable \r\n4. Defences \r\n5. Absolute Privilege \r\n6. Qualified Privilege \r\n7. Act to override other laws \r\n8. Establishment of Tribunal \r\n9. Resignation and removal of Member \r\n10. Powers and jurisdiction of the Tribunal \r\n11. Procedure of Tribunal \r\n12. No comment on pending proceedings \r\n13. Leave to defend \r\n14. Claim by or Against Female or a Member of a Minority Community \r\n15. Preliminary Decree \r\n16. Execution of Decree \r\n17. Onus to prove \r\n18. Ex-parte proceeding \r\n19. Admissions \r\n20. Penalties for false and frivolous claims \r\n21. Consequences of proof of defamation \r\n22. Code of Civil Procedure to apply \r\n23. Qanun-e-Shahadat not to apply \r\n24. Act not to prejudice action for criminal defamation \r\n2 \r\n \r\n25. Limitation of actions \r\n26. Appeal \r\n27. Power to make Rules \r\n28. Repeal   \r\n3 \r\n \r\nTEXT \r\nTHE PUNJAB DEFAMATION ACT 2024 \r\n(II of 2024) \r\n[7th June, 2024] \r\nAn \r\nAct \r\nto make provisions in respect of defamation. \r\nIt is necessary to make provisions in respect of defamation and for matters \r\nconnected therewith and ancillary thereto. \r\nBe it enacted by Provincial Assembly of the Punjab as follows:  \r\n1. Short title, extent and commencement.– (1) This Act may be cited as the \r\nPunjab Defamation Act 2024. \r\n (2) It shall extend to whole of the Punjab. \r\n (3) It shall come into force at once. \r\n2. Definitions.– In this Act: \r\n(a) “Act” means the Punjab Defamation Act 2024; \r\n(b) “broadcasting” or “broadcast” means the dissemination of writings, \r\nsigns, signals, pictures and sounds of all kinds, including any electronic \r\ndevice, intended to be received by the public through social media \r\nwebsites, applications and platforms (including but not limited to \r\nFacebook, Instagram, X/twitter, WhatsApp, TikTok etc.), either directly \r\nor through the medium of relay stations, by means of: \r\n(i) a form of wireless radio-electric communication utilizing Hertzian \r\nwaves, including radio telegraph and radio telephone; or \r\n(ii) cables, computers, wires, fiber-optic linkages or laser beams; or \r\n(iii) any other electronic or information technology medium or \r\ntechnology; \r\n(c) “claim” means the claim in the form of a plaint or application instituted \r\nbefore the Tribunal under section 11 hereof, for grant of decree for \r\ndamages and costs in favour of the Claimant and against the \r\nDefendant;  \r\n(d) “Claimant” means the person who, being aggrieved of defamation, \r\ninstitutes a claim before the Tribunal under this Act;  \r\n(e) “Code” means the Code of Civil Procedure 1908 (V of 1908); \r\n(f) “Constitutional Office” means the President, Governor, Chief Justice of \r\nPakistan and Judges of the Supreme Court, Chief Justice and Judges \r\nof the Lahore High Court, Prime Minister, leader of the Opposition in \r\nNational Assembly, Speaker of the National Assembly, Chairman of the \r\nSenate, Chief Minister, leader of the Opposition in Provincial Assembly, \r\nSpeakers of Provincial Assemblies, Chairman and members of Election \r\nCommission of Pakistan, the Auditor General of Pakistan, the \r\n4 \r\n \r\nChairman, Joint Chiefs of Staff Committee, the Chief of the Army Staff, \r\nthe Chief of the Naval Staff and the Chief of the Air Staff;  \r\n(g) “costs” mean and include the costs to be imposed and granted by the \r\nTribunal to the Parties to the proceedings under the Act; \r\n(h) “defamation” means publication, broadcast or circulation of a false or \r\nuntrue statement or representation made orally or in writing or visual \r\nform either by ordinary form or expression or by electronic or other \r\nmodern medium, means or devices or through social media or any \r\nonline or social media website, application or platform, which injures or \r\nmay have the effect of injuring the reputation of a person or tends to \r\nlower him in the estimation of others, or ridicules him, or exposes him \r\nto unjust criticism, disliking, contempt or hatred, and such defamation \r\nshall also include comments, statements and representations targeted \r\ntowards certain genders and minorities as contained in section 14 of \r\nthis Act; \r\n(i) “Defendant” means the person who has allegedly committed \r\ndefamation and against whom a claim has been filed by the Claimant \r\nbefore the Tribunal;  \r\n(j) “editor” means a person having editorial or equivalent responsibility for \r\nthe content of the statement or the decision to publish or circulate it, \r\nand also includes the operator or user of a social media account or \r\nmedium, as defined in clause (b) of this section; \r\n(k) “General Damages” means damages to be granted by the Tribunal at \r\nthe time of granting preliminary decree, if the Defendant fails to obtain \r\nleave to defend in terms of section 13 of this Act, with a minimum of \r\nRs. 3,000,000/- (Rupees Three Million); \r\n(l) “Government” means Government of the Punjab; \r\n(m) “Journalist” means any person who is professionally or regularly \r\nengaged by a newspaper, magazine, news website or other news \r\nbroadcast medium (whether online or offline), and includes any person \r\nwho creates and uploads social media news or current affairs content \r\nor otherwise has a substantial track record of freelancing for any \r\nnewspaper, magazine, news website or other news broadcast medium; \r\n(n) “Member” means a Member of the Tribunal appointed under section 8 \r\nof this Act but does not include a specially nominated Single Bench of \r\nthe Lahore High Court; \r\n(o) “newspaper” means a newspaper and includes a website, application \r\nor other social media platform containing public news, intelligence or \r\noccurrences or remarks or observations or containing only, or \r\nprincipally, advertisements, printed or electronically or digitally issued \r\nfor distribution to the public and published or issued periodically or in \r\nparts or numbers, and includes such other periodical works as the \r\nGovernment may, by notification in the official Gazette, declare to be a \r\nnewspaper; \r\n(p) “originator” means the initiator of the defamatory statement or any \r\nother defamatory act; \r\n5 \r\n \r\n(q) “Parties” means the parties to the proceedings before the Tribunal, i.e., \r\nthe Claimant and the Defendant;  \r\n(r) “prescribed” means prescribed by the rules made under this Act;  \r\n(s) “publication” means the communication of the words or visual \r\nstatement or representation to at least one person other than the \r\nperson defamed, and includes a newspaper or broadcast;  \r\n(t) “publisher” means a commercial publisher, that is, a person whose \r\nbusiness is to publicize or disseminate any material to the public or a \r\nsection of the public and who issues material containing the statement \r\nin the course of that business; \r\n(u) “Punitive Damages” means the damages in cases demonstrating \r\nmalice, bad-faith or repeated conduct by the Defendant, which may \r\nextend up to ten (10) times the quantum of the General Damages; \r\n(v) “rules” means the rules made under this Act. \r\n(w) “Special Damages” means the damages to be granted after the final \r\nconclusion of the proceedings, if the Claimant seeks to proceed further \r\nwith the case after issuance of the preliminary decree and has been \r\nable to establish his/her claim for such damages, which shall be in \r\naddition to the General Damages granted by the Tribunal; and \r\n(x) “Tribunal” means the Punjab Defamation Tribunal constituted under \r\nsection 8 of this Act and shall also be used interchangeably for the \r\nspecially nominated Single Bench of the Lahore High Court where the \r\njurisdiction is invoked by the holder of a Constitutional Office under this \r\nAct. \r\n3. Defamation actionable.– Subject to the provisions of this Act and any other \r\nlaw for the time being in force, defamation shall be a civil wrong and the person \r\ndefamed may initiate an action under this Act without proof of actual damage or loss \r\nand, where defamation is proved, General Damages shall be presumed to have \r\nbeen suffered by the person defamed. \r\n4. Defences.– In defamation proceedings, a person shall have a defence if he \r\nshows that: \r\n(a) he was performing journalistic activities and broadcasted true news for \r\nthe information of the public; \r\n(b) he was analyzing or discussing a situation in a fair and transparent \r\nmanner in the public interest through online platform;  \r\n(c) the matter commented on is fair and in the public interest and is an \r\nexpression of opinion and not an assertion of fact; \r\n(d) the statement is based on truth; \r\n(e) assent was given for the publication by the Claimant; \r\n(f) the matter complained of was privileged communication such as \r\nbetween lawyer and client or between persons having fiduciary \r\nrelations; and \r\n6 \r\n \r\n(g) the matter is covered by absolute or qualified privilege. \r\n5. Absolute Privilege.– Any publication of statement made in the Federal or \r\nProvincial Legislatures, reports, papers, notes and proceedings ordered to be \r\npublished by either House of the Parliament or by the Provincial Assemblies, or is \r\npart of judicial proceedings or record or any report, note or matter written or \r\npublished by or under the authority of the Government, shall have the protection of \r\nabsolute privilege. \r\nExplanation.– In this section legislature includes a local legislature and court \r\nincludes any tribunal or body exercising judicial powers. \r\n6. Qualified Privilege.– Any fair and accurate publication or broadcast of \r\nparliamentary proceedings, or judicial proceedings which the public may attend and \r\nstatements made to the proper authorities in order to procure the redress of public \r\ngrievances shall have the protection of qualified privilege. \r\n7. Act to override other laws.– The provisions of this Act shall have effect \r\nnotwithstanding anything inconsistent therewith contained in any other law for the \r\ntime being in force. \r\n8. Establishment of Tribunal.– (1) The Government may, by notification in the \r\nofficial Gazette, establish as many Tribunals as it considers necessary to exercise \r\njurisdiction under this Act and appoint a Member for each of such Tribunals and, \r\nwhere it establishes more Tribunals than one, it shall specify in the notification the \r\nterritorial limits within which each of such Tribunals shall exercise its respective \r\njurisdiction under this Act.  \r\n (2) A Member shall be appointed by the Government in consultation with \r\nthe Chief Justice of the Lahore High Court, and no person shall be appointed as a \r\nMember unless he has been a Judge of the Lahore High Court; or is or has been a \r\nDistrict Judge or is an Advocate of Supreme Court of Pakistan, qualified to be \r\nappointed as a Judge of the Lahore High Court. \r\n (3) For the purposes of sub-section (2), in order to achieve effective, \r\nmeaningful and purposive consensus, and to ensure transparency, the process for \r\nappointment of the Member shall be as follows: \r\n(a)  where the Member is to be appointed is from the judiciary, the Chief \r\nJustice shall nominate three (3) qualified persons, and the Government \r\nshall appoint one of such three as the Member. In case the \r\nGovernment is not satisfied as to the qualification or suitability of any of \r\nthe three nominations, it shall return the recommendation with reasons \r\nto be recorded in writing, whereupon the Chief Justice shall send a \r\nfresh recommendation of three nominees, till a Member is appointed as \r\nper the procedure prescribed herein;  \r\n(b)  where the Member is to be appointed is from the legal fraternity, the \r\nGovernment shall nominate three (3) qualified persons, and the Chief \r\nJustice shall approve one of such three as the Member. In case the \r\nChief Justice is not satisfied as to the qualification or suitability of any \r\nof the three nominations, he shall return the recommendation with \r\nreasons to be recorded in writing, whereupon the Government shall \r\n7 \r\n \r\nsend a fresh recommendation of three nominees, till a Member is \r\nappointed as per the procedure prescribed herein. \r\n(4) A Tribunal shall hold its sittings at such place within its territorial \r\njurisdiction as may be determined by the Government. \r\n(5) A Member shall be initially appointed for a term of three years or till \r\nreaching the retiring age, whichever is earlier, from the date on which he enters upon \r\noffice.  \r\n(6) The term of the office of the Members shall be subject to renewal after \r\nevery eighteen (18) months after evaluation of their performance by a Performance \r\nReview Committee, to be constituted under the Rules. The Committee shall evaluate \r\nthe Members on the following touchstone: \r\n(a)  adherence to statutory timelines;  50% \r\n(b)  competence and fitness;   25% \r\n(c)  integrity.     25%  \r\n(7) The retiring age of the Member, not being a serving District Judge, \r\nshall be seventy (70) years. \r\n(8) The salary, allowances and other terms and conditions of service of a \r\nperson appointed as a Member, including that of a serving District Judge while \r\ndischarging his duty as Member, shall be such as the Government may determine by \r\nthe Rules. In case of a serving District Judge, he will be entitled to such additional \r\nallowances and benefits, which shall equate his benefits as that of any other Member \r\nappointed by the Government in terms of this section and the Rules made under this \r\nAct.  \r\n9. Resignation and removal of Member.– (1) A person, not being a serving \r\nDistrict Judge, appointed as a Member under section 8 may, by notice in writing \r\nunder his hand addressed to the Government, resign from his office. \r\n (2) A person appointed as a Member under section 8 may be removed \r\nfrom the office by the Government prior to completion of his tenure, after seeking \r\nconsultation with the Chief Justice of the Lahore High Court. \r\n10. Powers and jurisdiction of the Tribunal.– (1) Subject to the provisions of \r\nthis Act, a Tribunal shall, while exercising jurisdiction under this Act, have all the \r\npowers as are vested in a civil court under the Code. \r\n(2) A Tribunal shall in all matters with respect to which the procedure has \r\nnot been specifically provided in this Act or under the Rules, follow the procedure \r\nlaid down in the Code. \r\n(3)  Subject to sub-sections (4) & (5), no other court or tribunal or \r\njudicial/quasi-judicial forum, other than a Tribunal constituted under this Act, shall \r\nhave jurisdiction or may exercise any jurisdiction with respect to any matter to which \r\nthe jurisdiction of a Tribunal extends under this Act. \r\n(4) For the purpose of any claim to be filed by the holder of a \r\nConstitutional Office, the claim in terms of sub sections (2) & (3) of section 11 shall \r\nbe filed before the Lahore High Court, and the jurisdiction under this Act for such a \r\nclaim shall be exercised in the same manner as provided under this Act and the \r\n8 \r\n \r\nRules. For the purpose of this Act, a special Single Bench shall be nominated from \r\ntime to time by the Chief Justice of the Lahore High Court as a Special Bench at the \r\nPrincipal Seat of the Lahore High Court, Lahore, notwithstanding any bar that may \r\notherwise exist on its territorial limits or jurisdiction.  \r\n(5) All proceedings pending in any court or tribunal under the Defamation \r\nOrdinance, 2002 shall continue to be heard and disposed of by the same court \r\nhaving jurisdiction under the said Ordinance, and all other remedies under the said \r\nOrdinance shall be available in the same manner as were available before the \r\ncoming into force of this Act. \r\n(6)  The Tribunal shall decide the case within one hundred and eighty (180) \r\ndays from the date of the first appearance of the Defendant. \r\n(7) Notwithstanding anything contained in the Code or any other law for \r\nthe time being in force, the Tribunal shall have jurisdiction regarding any claim or \r\nactionable wrong, which has either been disseminated, circulated, received, read or \r\nviewed within the territorial precincts of Punjab or, as a result of such material being \r\npublished or broadcasted, a person who resides, works for gain or discharges his \r\nfunctions/duties, either permanently or temporarily, within the territorial limits of \r\nPunjab, has been defamed.  \r\n(8)  The Tribunal may grant pre-trial settlement opportunity to the Parties \r\nby referring the matter for mediation to an accredited Alternate Dispute Resolution \r\n(ADR) Centre in the District, if so consented to by both Parties. \r\n(9) If the matter is referred to mediation in terms of sub-section (8) above, \r\nthe decision of the mediator shall be final.  \r\n(10)  The Tribunal may award actual costs, including counsels’ actual fee, \r\nlegal fees and expenses incurred, expenses relating to witnesses and other costs of \r\nlitigation, on the basis of sufficient and justifiable reasons. \r\n11. Procedure of Tribunal.– (1) While deciding a case, the Tribunal shall, \r\nsubject to the provisions of this Act, adopt the summary procedure provided in Order \r\nXXXVII of the Code. \r\n(2) A Claimant may, within sixty days of the defamation or coming to his \r\nnotice or knowledge of such defamation, may institute a claim before the Tribunal by \r\npresenting his claim in the form of a plaint or application, which shall be verified on \r\noath by the Claimant. \r\n(3) In case of a claim, if so desired to be filed by the holder of a \r\nConstitutional Office, the same may be filed through an authorized officer or \r\nattorney, without there being a need for the holder of the Constitutional Office to put \r\nup his appearance during the proceedings. Any statement made by the authorized \r\nofficer or attorney shall be deemed to be a statement of the holder of Constitutional \r\nOffice: \r\nProvided that the any change of status or position of the holder of the \r\nConstitutional Office or cessation of his position as such will not affect the \r\nproceedings already initiated and the same shall continue and be concluded in the \r\nsame mode and manner, on the basis of such position, as it stood on the day when \r\nthe claim was filed.  \r\n9 \r\n \r\n (4) The claim shall comprise of a concise statement of facts and damages \r\nbeing sought, supported by statements in the form of affidavits of at-least two \r\nwitnesses along with all the relevant documents concerning the claim, including the \r\ndefamatory statement.  \r\n(5) Copies of the claim, affidavits and other relevant documents shall be \r\nfiled with the Tribunal in such numbers that there is one set of copies for each \r\nDefendant and one extra copy. \r\n(6) The claim shall specifically state the amount of General, Special and \r\nPunitive Damages along-with costs sought by the Claimant. \r\n (7)  On a claim being presented to the Tribunal, summons in Form No. 4 in \r\nAppendix 'B' to the Code or in such other form as may, from time to time, be \r\nprescribed by the rules under this Act, shall be served on the Defendant through the \r\nprocess-server of the Tribunal, by registered post, by email, SMS, WhatsApp, \r\ncourier, by publication in one English language and one Urdu language daily \r\nnewspaper of wide circulation, and to the extent practicable by the same mode, \r\nmedium or platform through which the defamatory material has been disseminated. \r\nThe service duly effected in any one of the aforesaid modes shall be deemed to be \r\nvalid service for purposes of this Act.  \r\n(8)  In the case of service of the summons through process-server, a copy \r\nof the claim shall be attached therewith and in all other cases, the Defendant shall be \r\nentitled to obtain a copy of the claim from the office of the Tribunal without making a \r\nwritten application but against due acknowledgement.  \r\n12. No comment on pending proceedings.– (1) Notwithstanding anything to the \r\ncontrary in this Act or in any other law for the time being in force, no person \r\n(including but not limited to, the parties to the proceedings before the Tribunal, their \r\ncounsel and legal advisers, witnesses, the member of the Tribunal, court staff, or any \r\nother third person) shall be permitted to comment or make any statement relating to \r\nany proceedings pending before the Tribunal under this Act. This clause shall apply \r\nautomatically from the inception till the final conclusion of the proceedings, and shall \r\nnot require any order to this effect being specifically passed by the Tribunal or any \r\nother authority. \r\n  (2)  Any person who is found in violation of the prohibition imposed by sub-\r\nsection (1) by the Tribunal, whether on the application of any person or on its own \r\nmotion, shall be liable to pay an initial fine of Rs. 50,000/- (Rupees Fifty Thousand) \r\nfor each violation, along with an additional Rs. 10,000/- (Rupees Ten Thousand) for \r\neach day that the said violation continues. In case of more than one violation, the \r\nfines so prescribed shall be payable each violation separately. \r\n  (3)  No defense whatsoever, such as fair comment, discussion in the public \r\ninterest, an expression of opinion or fact, comment made in good faith, ignorance of \r\nlaw, etc., shall be available to any person for violation of sub-section (1). \r\n13. Leave to defend.– (1) In any case in which the summons have been served \r\non the Defendant as provided for in sub-section (7) of section 11, the Defendant \r\nshall not be entitled to defend the claim unless he obtains leave to defend from the \r\nTribunal as hereinafter provided; and, in default of his doing so, the allegations of \r\nfact in the claim shall be deemed to be admitted and the Tribunal shall forthwith pass \r\n10 \r\n \r\na preliminary decree of General Damages in favour of the Claimant on the basis \r\nthereof or such other material as the Tribunal may require in the interest of justice. \r\n (2) The Defendant shall file the application for leave to defend within thirty \r\ndays of the date of first appearance before Tribunal, either personally or through a \r\ncounsel/attorney having been instructed to appear on the date of hearing mentioned \r\non any one of the modes of service laid down in sub-section (7) of section 11. \r\n (3) The application for leave to defend shall be in the form of a written \r\nstatement and shall contain a concise statement of rebuttal of the averments of the \r\nclaim and must contain substantial questions of law as well as fact in respect of \r\nwhich, in the opinion of the Defendant, evidence needs to be recorded.  \r\n(4)  The application for leave to defend may also contain the amount of \r\nPunitive Damages, if the Defendant wishes to claim such damages on the grounds \r\nof claim being false, vexatious, baseless and mala fide. \r\n (5)  The application for leave to defend shall be accompanied by all the \r\ndocuments which, in the opinion of the Defendant, support the substantial questions \r\nof law and fact raised by him. \r\n (6) The Claimant shall be given an opportunity of filing a reply to the \r\napplication for leave to defend, in the form of a replication. \r\n (7)  On the date of filing of the leave to defend, the Tribunal shall, set down \r\nthree dates of hearing of the choice of the Defendant or his counsel, affording \r\nopportunity of hearing to the Parties for deciding the application for leave to defend; \r\nprovided, however, that these three dates of hearing shall remain confined so as to \r\nensure that the application for leave to defend is decided within the stipulated period \r\nof thirty (30) days from the date of filing of the leave to defend, and this period shall \r\nnot be extended under any circumstances nor shall the Tribunal grant any \r\nunnecessary adjournments during the course of the proceedings.  \r\n(8) The Tribunal shall grant the Defendant leave to defend the claim if, \r\nupon consideration of the contents of the claim, the application for leave to defend \r\nand the reply thereto, it is of the view that substantial questions of law and fact have \r\nbeen raised in respect whereof evidence needs to be recorded.  \r\n(9)  While granting leave under sub-section (8), the Tribunal may impose \r\nsuch conditions as it may deem appropriate in the circumstances of the case, \r\nincluding conditions as to deposit of cash or furnishing of security. \r\n(10) Where the application for leave to defend is accepted, the Tribunal \r\nshall treat the application as a written statement. \r\n(11)  Where the application for leave to defend is rejected or where a \r\nDefendant fails to fulfill the conditions attached to the grant of leave to defend, the \r\nTribunal shall forthwith pass a preliminary decree of General Damages against such \r\nDefendant. \r\n(12) After the passing of the preliminary decree, the Tribunal shall fix the \r\nnext date of hearing, within fourteen (14) days of the date of issuance of the \r\npreliminary decree, as a date for the settlement of further claim of damages and \r\ncosts between the Parties. \r\n(13) In case the settlement as provided in sub-section (12) fails and \r\nClaimant seeks to pursue the case over and above the preliminary decree passed in \r\n11 \r\n \r\nthe form of General Damages, the proposed issues along with the list of witnesses, \r\ndocuments and other material sought to be produced through process of the Tribunal \r\nshall be filed without fail by the Parties on next date of hearing fixed by the Tribunal, \r\nwhich date shall not be beyond fourteen (14) days, following the date fixed for \r\nsettlement in terms of sub section (12). \r\n(14)  On the next date of hearing, following the date fixed for the \r\nproceedings in terms of sub-section (12), the Tribunal shall schedule the trial \r\nproceedings and fix a maximum of three dates of hearing, within a total period of \r\nthirty (30) days, for each of the Parties for production of their evidence.  \r\n(15)  The affidavit of the witnesses filed by the respective Parties may be \r\ntreated as witness’s statement in chief, if the witness concerned does not wish to \r\nmake an oral statement before the Tribunal. \r\n14. Claim by or Against Female or a Member of a Minority Community.– (1) \r\nIn case a female or member of a minority community is victim of defamation and \r\nseeks to lodge his claim in terms of sub sections (2) & (3) of section 11 or where the \r\ndefendant of a claim under sub sections (2) & (3) of section 11 is a female or \r\nmember of Minority Community, such claimant or defendant, as the case may be, \r\nrequest to seek the provision of services of an attorney/advocate/pleader and \r\nconsidering such request, such facility shall be made available by the office of the \r\nDistrict Attorney, for the purpose of proceedings before the Tribunal and by the office \r\nof the Advocate General for the purpose of proceedings before the High Court. \r\n(2) In case of actionable defamation pertaining gender sensitive or minority \r\ncommunity related defamation, the request for in camera proceedings may be made, \r\nwhich will be decided by the Tribunal on the basis of merits of each case.  \r\n15. Preliminary Decree.– (1) In case of failure of the Defendant to obtain leave to \r\ndefend, the Tribunal shall forthwith pass the preliminary decree for General \r\nDamages. \r\n (2) The preliminary decree passed under sub-section (1) shall, for all \r\npurposes (including appeal and execution), be deemed to be a decree passed under \r\nthis Act, and any amount covered thereby or recovered in execution thereof shall be \r\nadjusted at the time of the final decree: \r\nProvided that it shall be open to the Tribunal, notwithstanding the pendency of \r\nany appeal, to modify in part or in whole or reverse the terms of the preliminary \r\ndecree at the time of the final disposal of the claim, and pass such order as it may \r\ndeem just and proper: \r\nProvided further that neither the Tribunal nor the Lahore High Court shall stay \r\nexecution of a preliminary decree unless the judgment-debtor deposits in cash with \r\nthe Tribunal the decretal amount and the Tribunal, in lieu of such cash, shall accept \r\nno surety or guarantee. \r\n16. Execution of Decree.– (1) Upon pronouncement of preliminary decree, the \r\nclaim to that extent shall automatically stand converted into execution proceedings \r\nwithout the need to file a separate application for execution and no fresh notice need \r\nbe issued to the Defendant/judgment-debtor in this regard.  \r\n12 \r\n \r\n (2)  A separate file shall be construed for the purpose of the remaining \r\nclaim, if so desired to be proceeded with by the Claimant, and any final judgment or \r\ndecree, if so passed, shall merge in the preliminary decree: \r\nProvided that if the record of the claim is summoned at any stage by the \r\nLahore High Court for purposes of hearing an appeal under section 26 or otherwise, \r\ncopies of the decree and other documents shall be retained by the Tribunal for the \r\npurpose of continuing the execution proceedings. \r\n (3) The decree passed by the Tribunal shall be executed in accordance \r\nwith the provisions of the Code or any other law for the time being in force or in such \r\nmanner as the Tribunal may, at the request of the decree-holder, consider \r\nappropriate, including recovery as arrears of land revenue, and arrest and detention \r\nof the judgment-debtor. \r\n (4) The Tribunal may seek the services and assistance of law enforcement \r\nagencies, including the Punjab Police, in exercise of powers conferred under this \r\nsection. \r\n(5) Notwithstanding anything contained in the Code or any other law for \r\nthe time being in force:  \r\n(a) the Tribunal shall follow the summary procedure for purposes of \r\ninvestigation of claims and objections in respect of the attachment or \r\nsale of any asset or property of the judgment-debtor for the purpose of \r\nsatisfaction of the decree, and shall conclude such Investigation within \r\nthirty (30) days of filing of such claims or objections; and \r\n(b) if the claim or objection are found by the Tribunal to be mala fide or \r\nfiled merely to delay the sale of the property or asset, it may impose a \r\npenalty up to twenty percent (20%) of the sale price of the property \r\nupon such judgment-debtor. \r\n17. Onus to prove.– Notwithstanding anything contained in this Act, the Claimant \r\nshall not be bound to establish his reputation, but it shall be sufficient if he proves \r\nany damage, over and above the General Damages to his reputation against the \r\nDefendant. \r\n18. Ex-parte proceeding.– (1) Notwithstanding anything contained in the Code \r\nor any other law time being in force, if the Defendant does not appear, or \r\nintentionally avoids to appear before the Tribunal, the Tribunal shall, after having \r\nbeen satisfied that the Defendant has willfully avoided the service of the notice or \r\nopted not to appear, may pass such ex-parte order or judgment as it may deem \r\nappropriate.  \r\n (2) The ex-parte order or judgment passed under sub-section (1) shall not \r\nbe appealable, but may be set aside by the Tribunal on application by the Defendant, \r\nalong with leave to defend, within thirty (30) days of the passing of such ex-parte \r\norder or within thirty (30) days of coming into knowledge of such order, as the case \r\nmay be. \r\n(3) For an application for setting aside an ex-parte order or judgment, the \r\nDefendant shall be liable to furnish sufficient security, equivalent to the amount of the \r\ndecree, to the satisfaction of the Tribunal, and shall have to set up sufficient cause \r\n13 \r\n \r\nthat he did not have knowledge of passing of such order or judgment, or was \r\nprevented from appearing before the Tribunal: \r\nProvided that no notice or stay on an application under sub-section (2) shall \r\nbe issued, unless the sufficient security, as ordered in terms of sub-section (3), is \r\nfurnished by the Defendant. \r\n19. Admissions.– The Tribunal may, in the interest of expeditious disposal and to \r\nreduce the contested issues and costs of litigation, grant an opportunity to the \r\nParties to recourse to Order XII of the Code. \r\n20. Penalties for false and frivolous claims.– In case of false, frivolous and \r\nvexatious claims, the Tribunal shall order Punitive Damages against the Claimant, as \r\nprovided under this Act. \r\n21. Consequences of proof of defamation.– (1) Where defamation is proved to \r\nhave occurred, the Tribunal may pass an order directing the Defendant to tender an \r\nunconditional apology, if acceptable to the Claimant, and direct the same to be \r\npublished in the same manner and with the same prominence as the defamatory \r\nstatement was made, and pay the damages in terms of this Act. \r\n (2) Where defamation is proved to have occurred, the Tribunal may, in \r\naddition to the damages that are decreed and/or direction for tendering an apology, \r\nalso issue a direction to the relevant regulatory authority to suspend or block the \r\nsocial media account of the Defendant, or any other medium or platform covered by \r\nthis Act through which the defamatory content was disseminated. \r\n22. Code of Civil Procedure to apply.– The Code of Civil Procedure, 1908 (V of \r\n1908), apply to the proceedings under this Act, where no specific procedure of \r\nprovision is supplied under this Act. \r\n23. Qanun-e-Shahadat not to apply.– The Qanun-e-Shahadat 1984 (P.O. No.10 \r\nof 1984) shall not apply to the proceedings under the Act. \r\n24. Act not to prejudice action for criminal defamation.– Nothing in this Act \r\nshall prejudice any action for criminal libel or slander under any law for time being in \r\nforce. \r\n25. Limitation of actions.– A claim shall be instituted under the Act within sixty \r\n(60) days after defamation came to the notice or knowledge of the person so \r\ndefamed. \r\n26. Appeal.– Any person aggrieved by the final judgment and decree of the \r\nTribunal or by the High Court in terms of sub section 4 of section 10, may file an \r\nappeal to the Lahore High Court within thirty (30) days from passing of such \r\njudgment and decree and such an appeal shall be heard and decided by a bench of \r\ntwo judges the Lahore High Court within sixty (60) days: \r\nProvided that no appeal shall lie against any interlocutory order of the \r\nTribunal: \r\n Provided further that no stay order shall be granted, staying the proceedings \r\nof the Tribunal and in case of an appeal against a preliminary or final decree, the \r\n14 \r\n \r\noperation of the decree or execution proceedings shall only be stayed on the deposit \r\nof the equivalent amount with the Registrar of the Lahore High Court, which amount \r\nshall be placed in a profit bearing scheme till the final disposal of the appeal.  \r\n27. Power to make Rules.– The Government may, by notification in the official \r\nGazette, make rules to carry out the purpose of this Act. \r\n28. Repeal.– Subject to the provisions contained in this Act, the Defamation \r\nOrdinance, 2002 is hereby repealed.",
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