Punjab's New Defamation Law 2024 | Maria Memon's Analysis

  • 4 months ago
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Punjab's New Defamation Law 2024 | Maria Memon's Analysis
Transcript
00:00 Pakistan's Muslim League and especially the Punjab government has been talking about the law for a long time.
00:07 They were giving hints that they are working on such a law.
00:10 All the stakeholders, including the digital rights activists, were all suspicious about how this bill will be.
00:18 And since the consultation did not go through this time,
00:23 many people were unaware of what kind of bill will be presented.
00:30 Let me tell you quickly.
00:32 According to the 2024 Constitution of Punjab, the purpose of this law is to stop the illegal propaganda
00:38 against the government and the citizens through electronic social media.
00:43 According to the Constitution of Punjab, it is necessary to prevent false, misleading and even illegal propaganda
00:49 which affects the government.
00:52 The affected person does not even need to prove how much damage his or her reputation has been caused.
00:58 According to the Constitution, every person in the jurisdiction of this law will be able to
01:04 share pictures, voices, signs, or writings through the social media website.
01:11 Should there not be a defamation law in the country?
01:14 There should be a very strong law.
01:17 Because no one should be allowed to take anyone's turban.
01:21 But this particular law has problems, gaps, and some controversial points.
01:26 What are those controversial points?
01:28 First of all, the tribunals that are being made for the settlement of cases of defamation,
01:34 which will be bound to give a verdict in 180 days,
01:37 will be appointed by the Punjab government instead of the Chief Justice of Lahore High Court.
01:43 The person who is defaming the tribunal will be given a 30 lakh fine
01:48 and will be asked to pay the fine of 30 lakhs before the verdict is given.
01:54 The special single bench of Lahore High Court will be held for the case of defamation of
01:58 persons who have a mirror image.
02:01 The case of defamation will be held under the law of 2024 under the law of Zabta Diwani 1908.
02:06 But legal testimony will not be allowed in these cases.
02:10 If the crime is proven, the Tribunal will issue a warrant to block the social media account
02:15 of the accused.
02:18 Under the law of the Tribunal, any person, including the witness, the witness, the witness,
02:23 the journalist, the court official, or any third person will be prohibited from commenting
02:28 or giving a statement, otherwise a fine of up to 50,000 rupees will be imposed.
02:32 The judge of the Tribunal will appoint the government.
02:35 It is also doubtful as to how the verdicts will be made.
02:39 The fine of up to 50,000 rupees for commenting is also a problematic clause.
02:44 The biggest thing is that the bills have not been consulted with all the stakeholders.
02:49 There are bills in the world, there is a proper consultation process.
02:52 This bill has not passed through that consultation process.
02:56 We are aware of the commitment of PMLN to civil liberties.
03:01 All the draconian laws, whether it is PICA or PICA 2.0, now it is defamation law, which
03:06 is being declared by the black law, all the community of journalists, and the digital
03:11 right activists also believe that.
03:14 They have been on the credit of PMLN.
03:16 So we had no expectations from them.
03:18 Yes, the problem was that when they were in the opposition, it was decided that such
03:23 a law would not come again.
03:24 And Mariam Nawaz Sahiba, who is the CM of Punjab at the moment, was leading this narrative
03:28 herself and used to tell us that when all the bills come without consultation, what is
03:33 the reason for that?
03:34 When the media has to be silenced, what is behind it?
03:38 Listen to her.
03:40 When legislators themselves have voted for someone's begging, who had 2000 votes,
03:45 they have joined hands and said that please I am losing, do something about me, you have
03:48 given him 20,000 votes.
03:49 What kind of legislation do you expect from them?
03:51 They will then do the same legislation that will hide their sins.
03:55 They will not do any legislation for the PFUJ, for journalists, for the community.
03:59 In this incapable, incapable and cruel government, to hide their crimes, the chain that has
04:05 been tied to the media, what is the name of that chain?
04:09 Media Development Authority.
04:11 When you strangle the media, you strangle Pakistan.
04:14 All the bad times that journalists are going through today, the media is going through.
04:18 I don't think that so many restrictions have ever been put on except for dictatorship.
04:22 What does the regulated media have to do?
04:24 I don't believe in media regulation at all.
04:27 And even if the Muslim League comes in the face of power tomorrow, I will remember these
04:31 promises that day.
04:32 The promises of the Muslim League are being reminded to Maryam Bibi again and again, since
04:36 the constitution of this law has been brought forward.
04:38 But anyway, maybe she is not remembering these promises.
04:41 The most interesting character of the Pakistan People's Party in this is that they are present
04:46 with this government, in numbers.
04:48 At present, they have not taken the ministries, but more or less they will take the ministries
04:52 very soon.
04:53 The most interesting opinion of the People's Party on this whole issue was of Ali Haider
04:57 Gilani, in which he said that he was loyal that this law is coming.
05:01 Neither was he present in the parliament at that time, nor was he present in the assembly.
05:06 No one asked us, no one told us, the People's Party does not want to be a part of this bill.
05:12 Such an important bill was passed by your assembly and you are an extremely important
05:17 stakeholder in this whole process.
05:19 And even if no one told you, you were so ignorant that you did not even know that this law
05:24 was being passed.
05:25 Do you believe that it does not come into the parliament, does not oppose it actively
05:31 and it is easily passed?
05:33 If someone wants to oppose, then there is a method, there is a debate, justice has done
05:38 it.
05:39 Let me show you.
05:41 Now the question is that Punjab defamation bill 2024 be passed.
05:46 Those in favour say aye.
05:48 Those against say no.
05:51 I think ayes have it, ayes have it, the bill is passed.
05:55 DAB
05:58 So when this whole process was taking place, during that time also, no member of the Punjab
06:04 assembly knew that this bill was being passed, no opposition was being formed, or there was
06:10 a commotion.
06:11 It is amazing.
06:12 Anyway, later the governor, who is from the Pakistan People's Party, asked him a question,
06:17 Mr. Hamid Mir, that what is the position of the People's Party in this bill?
06:21 So he said that it should be reviewed.
06:23 Listen to this.
06:24 This bill should be reviewed again.
06:27 All the powerful parties and all the clean organizations should sit together and discuss
06:32 this matter.
06:34 There is a chance that I will tell the government to revisit this and try to improve it.
06:46 So no one asked Mr. Gilani, the governor is saying that it should be revisited.
06:52 Mr. Kaira, who has been in touch with the People's Party since the last hearing, he is saying
06:56 that why should we ask the stakeholders on whom we have to pass the law?
07:00 I don't know, I don't have a government.
07:02 You don't have an independent government in Punjab.
07:04 We have to consult the person against whom the law has to be passed.
07:07 We have to consult the person against whom the tax has to be imposed.
07:09 We have to consult the person who is stealing income tax from the factory.
07:16 So, this homeopathy, distancing from this bill, not voting on it, or any small opposition
07:27 to this bill, is this enough?
07:30 If you really want this bill to be considered problematic, then shouldn't it be discussed
07:36 more actively and vocally?
07:38 Because in the past, the Pakistan People's Party has done this.
07:41 At different times, when problematic bills were brought by the previous government,
07:46 how Bilawal Bhutto Zardari, the former Information Minister, Sheri Rehman Sahiba himself used
07:51 to lead this whole narrative and gave very strong statements.
07:56 This is not a very old story.
07:58 So, if you want to oppose a bill or take a strong position against it, how do you do it?
08:02 The People's Party has shown us in the past.
08:04 Let's show you again.
08:06 Whenever a leader comes, whenever a selector comes, he brings black law to control the media,
08:13 to suppress the voice of the people.
08:18 We will not tolerate the actions of suppressing and blocking the media.
08:23 We have come to solve the media problems.
08:26 You saw yesterday, what Chairman Bilawal said about the PICA law.
08:30 We totally oppose it.
08:32 We will not let any black law come.
08:34 The Pakistan People's Party has always fought for freedom of the press and will continue
08:39 to do so.
08:40 There should be no restrictions on any kind of journalism.
08:43 The relationship with journalism, the relationship with journalism, the freedom of the press,
08:48 and the freedom of the people should be guaranteed by the PPC.
08:53 So, most probably, the Governor will send back this bill, the government will table it again,
08:59 the Governor might not sign it, but eventually, after the 18th amendment, it will be passed.
09:07 But the way the PPC should raise an effective voice on this matter, which it has done in the past,
09:15 we are not able to see that.
09:18 So, should we consider this silence to be a partial consent?
09:21 If it is not a partial consent, then why are we not hearing more statements from the PPC?
09:27 Just saying that they did not ask us, did not tell us, we were not present in the event,
09:32 is not enough.

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