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What is defamation? • “Any wrongful act or publication or circulation of a false statement or representation made orally or in written or visual form which injures the reputation of a person, tends to lower him in the estimation of others or tends to reduce him to ridicule, unjust criticism, dislike, contempt or hatred shall be actionable as defamation.” — Defamation Ordinance 2002
Slander • Slander is a false oral statement or representation that may not have been published. In case the same is published both the publisher and reporter can be accused of libel.
Libel • Libel by definition is a false written statement amounting to defamation of another person. It also includes documentary or visual statement or representation made either by ordinary means or expression or by electronic or other modern means or devices that amounts to defamation. The libel therefore can be a statement printed, broadcast or telecast. The person who made the statement may be charged for committing slander.
Example • “Mr. A has been arrested for corruption” • “Mr. A has been arrested for alleged corruption” • Showing a film wherein a protestor is carrying abusive slogans against a person or making derogatory signs with hands for a particular person, all this will be considered defamatory
Example • Any sound, funny or otherwise that will quickly remind people of a person being ridiculed or insulted and therefore defamed, is also a subject of the defamation proceedings. • The caricatures of important personalities, conveying a political satire, should not cross the limits of decency and ensure that their physical and personal disabilities do not become a matter of ridicule in public.
Necessary parties to defamation suit • 1. Plaintiff, who moves the court claiming to have been defamed • 2. Defendants, which may include following people • a. The person who makes the disputed statement • b. The reporter who reports the same • c. The editor, who is alleged, to have either approved or ignored it • d. The publisher or the licensee of a radio station
Defense against defamation charges • 1. Freedom of expression • The first and foremost defense against the charges of defamation is the freedom of speech, as guaranteed in the Constitution. Article 19 in the Constitution of Islamic Republic of Pakistan deals with the freedom of press and expression. The constitutional provision says the freedom of press in Pakistan is not an absolute and unqualified right.
Truth or justification • The most usual defense against defamation is to prove that the statement published is true. Truth is always an absolute defense. The journalist or writer can prove that whatever he has written or said was established fact. This can only apply to statements of fact rather than of opinion.
Fair comment • This refers to a journalistic opinion published in good faith. It is not necessarily an assertion of facts. The journalist can always prove that the statement is fair and in public interest, if and when the situation arises. In case the defamatory words are a matter of opinion, the defense of fair comment may be open to the defendant.
Privilege • Privilege’ is a defense where the law recognizes that individuals should be free to speak their minds (and others to report what they say) without fear of being sued even if they get their facts wrong. It allows people to speak freely in court proceedings and debates in Parliament, and allows for such proceedings to be reported, so long as the reports are both fair and accurate.
Absolute privilege • The journalist is also protected by an absolute privilege when the statement in question is one that the government ordered to be published. It means that if the journalist republishes the statement, say in a newspaper or on news -radio broadcast, the journalist will not be liable for defamation. The statement is absolutely privileged if it is a publication of matters such as judicial and parliamentary proceedings.
Absolute privilege • Absolute privilege applies to judges, lawyers and witnesses in legal proceedings, to MPs for things they say in Parliament, and statements made by various officials dealing with "affairs of state" in performance e of their official duties.
Qualified privilege • Qualified privilege holds where the person making the statement has a duty to do so and there is a corresponding interest in receiving that information. Any fair and accurate publication of parliamentary 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. The privilege though protects the maker of an alleged defamatory statement only if the statement was made honestly and without malice.
Privileged communication • The defendant has a defense if he shows that the matter complained of was privileged communication. Privileged communication includes the communication between lawyer and client or between persons having legal relations.
Permitted statement • Anybody wanting to get his name or statement unprinted during an interview or while making an official statement should mention so expressly. In journalism it is called “off the record.” The professional ethics require of journalist not to publish such information. If no such tag has been attached to a statement, the journalist or the writer has implied permission to publish everything. To take advantage of this defense, the journalist has to prove that there was no express “off the record” intimation from the person allegedly defamed.
Apology • The journalist can offer apology to the party allegedly defamed through his statement. The journalist should take this defense only where it appears that the statement or opinion was not true and had caused serious damage to other party. This should be done at the stage of service of legal notice of defamation to the journalist.
Imprisonment and fine • The Court can punish the person guilty of defamation with simple imprisonment for a term, which may extend to two years. Court can also impose fine on the guilty person. The law does not define any limit of the fine and it is up to Court to prescribe it. The Court can impose both imprisonment and fine simultaneously. If the Court imposes fine on the journalist and he defaults on its payment, the Court may punish him with simple imprisonment that may extend to six months. This imprisonment is called “imprisonment in default.”
