THE DEFAMATION ORDINANCE, 2002

The Defamation Ordinance, 2002, was a piece of legislation in Pakistan that aimed to address issues related to defamation. It provided a legal framework for individuals or entities to seek redress for harm caused by defamatory statements or publications. Please note that my knowledge is based on information available up to January 2022, and I do not have access to real-time updates or changes in legislation

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Sections:

Short title and commencement.
Definition.
Defamation.
Defamation actionable.
Defences.
Absolute Privilege.
Qualified privilege.
Notice of action.
Remedies.
Code of Civil Procedure and Qanun-e-Shahadat Order to apply.
Ordinance not to prejudice action for criminal defamation.
Limitation of action.
Trial of cases.
Court to decide the cases expeditiously.
Appeal.
Power to make rules.

Updated till 31.8.2022

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THE DEFAMATION ORDINANCE, 2002

ORDINANCE No. LVI OF 2002

[1st October, 2002]

An Ordinance to make provisions in respect of defamation

WHEREAS it is expedient to make provisions in respect of defamation and for matters

connected therewith or incidental thereto;

AND WHEREAS the President is satisfied that circumstances exist which render it necessary

to take immediate action;

NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day

of October, 1999, and the Provisional Constitution Order No. l of 1999, read with the Provisional

Constitution (Amendment) Order No.9 of 1999, and in exercise of all powers enabling him in that

behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the

following Ordinance:—

Short title, extent and commencement.—(1) This Ordinance may be called the

Defamation Ordinance, 2002.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once,

Definitions.— In this Ordinance, unless there is anything repugnant in the subject or

context,―

[* * * * * * *]

(b) “broadcasting” means the dissemination of writing, signs, signals, pictures and sounds

of all kind, including any electronic device, intended to be received by the public

either directly or through the medium of relay stations, by means of.

(i) a form of wireless radio-electric communication utilizing Hertzian waves,

including radiotelegraph and radiotelephone, or

(ii) cables, computer, wires, fibre-optic linkages or laser beams, and “broadcast”

has a corresponding meaning;

[(bb) “Court” means the District Court;]

the content of the statement or the decision to publish or circulate it;

1Clause (a) omitted by the Defamation (Amdt.) Act, 2004 (IX of 2004), s.2.

2New clause (bb) Ins. by the Defamation (Amdt.) Act, 2004 (IX of 2004), s.2.

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(d) “newspaper” means a paper containing public news, intelligence or occurrences or

remarks or observations or containing only, or principally, advertisements, printed for

distribution to the public and published periodically, or in parts or members, and

includes such other periodical works as the Federal Government may, by notification

in the official Gazette, declare to be newspaper;

[(dd) “originator” means the initiator of a defamatory statement or any other defamatory

act;]

(e) “publication” means the communication of the words to at least one person other than

the person defamed and includes a newspaper or broadcast through the internet or

other media; and

(f) “publisher” means a commercial publisher, that is, a person whose business is issuing

material to the public, or a section of the public, who issues material containing the

statement in the course of that business.

Defamation.—(1) Any wrongful act or publication or circulation of a false statement or

representation made orally or in written or visual form which injuries 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.

(2) defamation is of two forms, namely:—

(i) slander; and

(ii) libel.

(3) Any false oral statement or representation that amounts to defamation shall be actionable

as slander.

(4) Any false written, documentary or visual statement or representation made either by

ordinary form or expression or by electronic or other modern means or devices that amounts to

defamation shall be actionable as libel.

Defamation actionable.— The publication of defamatory matter is an actionable wrong

without proof of special damage to the person defamed and where defamation is proved, damage

shall be presumed.

Defences.— In defamation proceedings a person has a defence if he shows that―

(a) he was not the author, editor, publisher or printer of the statement complained of;

(b) the matter commented on is fair and in the public interest and is an expression of

opinion and not an assertion of fact and was published in good faith;

1New clause (dd) Ins. by the Defamation (Amdt.) Act, 2004 (IX of 2004), s.2.

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(d) assent was given for the publication by the plaintiff;

(e) offer to tender a proper apology and publish the same was made by the defendant but

was refused by the plaintiff.

(f) an offer to print or publish a contradiction or denial in the same manner and with the

same prominence was made but was refused by the plaintiff;

(g) the matter complained of was privileged communication such as between lawyer and

client or between persons having fiduciary relations;

(h) the matter is covered by absolute or qualified privilege.

Absolute privilege.— Any publication of statement made in the Federal or Provincial

legislatures, reports, papers, notes and proceedings ordered to be published by either House of the

Parliament or by the Provincial Assemblies, or relating to judicial proceedings ordered to be

published by the court or any report, note or matter written or published by or under the authority of

a Government, shall have the protection of absolute privilege.

Explanation.— In this section legislature includes a local legislature and court includes any

tribunal or body exercising the judicial power

Qualified privilege.— Any fair and accurate publication of parliamentary proceedings, 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 privileges.

Notice of action.— No action lies unless the plaintiff has, within two months after the

publication of the defamatory matter has come to his notice or knowledge, given to the defendant,

fourteen days notice in writing of his intention to bring an action, specifying the defamatory matter

complained of.

Remedies.— Where defamation shall be proved to have occurred, the court may pass

order directing the defendant to tender an apology, if acceptable to the plaintiff, and publish the same

in similar manner and with the same prominence as the defamatory statement made and pay

reasonable compensatory damages as general damages with a minimum of Rs.50,000 (Rupees fifty

thousand) 1

[* * *] and in addition thereto, any special damage incurred that is proved by the

plaintiff to the satisfaction of the Court 2

[:]

[Provided that in case of the originator the minimum compensatory damages as general

damages shall be three hundred thousand rupees]

Code of Civil Procedure and Qanun-e-Shahadat Order to apply.— The Code of Civil

Procedure, 1908 (Act No.V of 1908) and the Qanun-e-Shahadat, 1984 (P.O. No 10 of 1984) shall

mutatis mutandis, apply to the proceedings under this Ordinance

Ordinance not to prejudice action for criminal defamation. Nothing in this Ordinance

shall prejudice any action for criminal libel or slander under any law for the time being in force.

1Omitted, subs. ins. by the Defamation (Amdt.) Act, 2004 (IX of 2004), s.3.

2Subs. ibid for the full stop, s. 3.

Ins. ibid. s. 3.

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Limitation of actions.— An action against—

(a) an author, editor, proprietor or publisher of a newspaper;

(b) the owner of broadcasting section;

(d) any other purpose,

for defamation contained in the newspaper or broadcast from the station or its publication otherwise

shall be taken within six months after the publication of the defamatory matter came to the notice or

knowledge of the person defamed.

[13. Trial of cases.— The District Court shall have jurisdiction to try cases under this

Ordinance.]

Court to decide the cases expeditiously.— The Court shall decide a case under this

Ordinance within a period of 2

[ninety days].

[15. Appeal.— An appeal against the final decision and decree of the Court shall lie to the

High Court within thirty days and High Court shall decide the appeal within sixty days:

Provided that no appeal shall lie against an interlocutory order of the Court.]

Power to make rules.— The Federal Government may, by notification in the official

Gazette, make rules to carry out the purposes of this Ordinance.

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1Subs by the Defamation (Amdt.) Act, 2004 (IX of 2004), s.4-6.

2Subs. ibid. s. 5.

3Subs. ibid. s. 6.

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