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How to Deal with Defamation in Pakistan: A Guide to Civil and Criminal Remedies
Defamation is the act of harming someone’s reputation by making false statements. It can have serious consequences for both the person who makes the statement and the person who is harmed by it. In Pakistan, defamation is regulated by two laws: the Defamation Ordinance of 2002 and the Pakistan Penal Code of 1860. These laws provide different remedies for defamation, depending on whether it is civil or criminal.
In this article, we will explain what defamation is, what are the types of defamation, what are the defenses against defamation, what are the remedies for defamation, and what is the procedure for filing a suit or a complaint for defamation.
What is defamation?
• Definition: Defamation is any wrongful act or publication of a false statement that injures the reputation of a person, or exposes them to hatred, contempt, or ridicule. (Section 3)
• Originator and aggrieved person: The person who makes the false statement is called the originator, and the person who is harmed by the statement is called the aggrieved person.
What are the defenses against defamation?
Truth, fair comment, privilege, consent, apology, What are the types of defamation?
• Slander and libel: Slander is defamation by spoken words or gestures, while libel is defamation by written or visual means, such as newspapers, books, pictures, videos, or online posts. [Section 3(2) of the Defamation Ordinance of 2002]
• Limitation period: Libel is considered more serious and has a longer limitation period six months. [Section 12 of the Defamation Ordinance of 2002]
• and offer of amends: These are the possible defenses that a person accused of defamation can use, depending on the circumstances of the case. [Section 5, 6, and 7]
What are the remedies for defamation?
• Civil remedies: These are the remedies that a person who is defamed can seek from the person who made the false statement, such as damages, injunction, declaration, and others. [Section 9]
• Criminal remedies: These are the remedies that the state can seek from the person who made the false statement, such as prosecution and punishment. [Section 499 and 500 of the Pakistan Penal Code of 1860]
What is the procedure for filing a suit or a complaint for defamation?
• Notice of action: The person who is defamed must give a written notice to the person who made the false statement within two months of the publication of the statement, specifying the words complained of and the relief sought. [Section 8 of the Defamation Ordinance of 2002]
• Suit: If the person who made the false statement denies the allegation or does not offer to make amends, or if the person who is defamed does not accept the offer of amends, the person who is defamed can file a suit for defamation in the District Court within six months for slander of the publication of the statement. [Section 12 of the Defamation Ordinance of 2002] Trial of cases: The District Court will decide the case within ninety days, applying the rules of civil procedure and evidence, unless otherwise provided by the law. [Section 13 and 14 of the Defamation Ordinance of 2002]
• Appeal: An appeal against the decision of the District Court can be filed in the High Court within thirty days. [Section 15 of the Defamation Ordinance of 2002]
Criminal Complaint for Defamation:
Write a complaint to the magistrate with the facts, the accused’s name and address, the defamatory statement, and the relief sought, magistrate will examine you and the witnesses on oath and decide whether to proceed with the case. If yes, the magistrate will summon or arrest the accused. [Section 200&204 of the CrPC]
You must prove that the accused made a false and harmful statement with the intention or knowledge of harming your reputation. [Section 499 and 500 of the PPC]
If the accused is guilty, the court will punish them with imprisonment or fine or both. If the accused is not guilty, the court will acquit them and dismiss the complaint.
Conclusion, defamation is a serious offense in Pakistan that can be both civil and criminal, depending on the nature and impact of the act.
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I hope you find this article helpful. If you have any questions or feedback, please let me know. Please feel free to contact Advocate Abdul Hanan at 03452890471 or visit his website www.HosLawAssociate.com Thanks