Calls to repeal defamation act grow

Civil rights activists on Friday urged the government to repeal the Punjab Defamation Act and give constitutional recognition to digital rights as they drew attention of the state towards “receding civic spaces and democracy” in the country.

Speaking at a national roundtable organised by the Human Rights Commission of Pakistan (HRCP), journalists, digital rights experts and civil society members recommended criminalising enforced disappearances, which had been frequently used to quell dissenting narratives.

Addressing the event, according to a press release, HRCP Council member Farhatullah Babar said that the Defamation Act-2024 was a step towards “militarisation of the state and the society”, and was tantamount to overwriting other laws, such as those governing the right to information.

While discussing the key aspects of the Defamation Act, law and policy expert Muhammad Aftab Alam pointed out radical changes in the definition of key terms such as ‘broadcasting’, ‘newspaper’ and ‘journalist’.

He criticised the institution of a parallel judicial system under the law and imposition of the burden of proof on defendants. Journalist and researcher Adnan Rehmat said the law exceptionalised political and state elites and legalised discrimination.

Media Matters for Democracy (MMFD) Co-founder Sadaf Khan dilated on the speculations surrounding the government’s plans to install a national firewall, saying that this would broaden the scope of censorship by monitoring Internet traffic. “It is an ill-thought-out plan that has bred fear and mistrust.”

MMFD founder Asad Baig added that such a move would have a serious economic impact on freelance work and online trading. Academic and journalist Tauseef Ahmed Khan traced the history of censorship in the legacy media and chalked out a plan of action.

Pakistan Federal Union of Journalists (PFUJ) President Afzal Butt said that civil society must hold social media platforms accountable for blocking content on Kashmir and Gaza. Former senator Afrasiab Khattak said that the establishment must be held accountable for its overreach in such matters. Senior journalist Sohail Sangi said that the working conditions of media persons and press freedom were closely linked.

The participants recommended repeal of the Punjab Defamation Act at once, recognition of digital rights in the Constitution, revival of the conversation on amending the Prevention of Electronic Crimes Act 2016 and passing a law to criminalise enforced disappearances.

HRCP co-chair Munizae Jahangir said that journalists, lawyers and activists must unite and consolidate their demands before parliament. HRCP Islamabad vice-chair Nasreen Azhar agreed, stating that activists must be more organised in countering online disinformation.