March 31, 2026
By Rehan Piracha
LAHORE
The Lahore High Court on Tuesday (March 31) summoned the Attorney General of Pakistan and the Assistant Advocate General Punjab to respond to a series of petitions challenging the Punjab Defamation Act 2024 — a law critics say is designed to silence dissent and curtail press freedom.
Justice Anwaar Hussain, hearing the consolidated petitions filed by journalists, media organisations and civil society groups, directed both law officers to submit formal responses. The hearing was adjourned until next Tuesday.
The law under scrutiny
Punjab enacted the legislation in June 2024, stating it was meant to protect individuals against “false, misleading and defamatory claims” in print, electronic and social media. However, the law was passed despite fierce opposition from political parties, journalists and rights groups. The Human Rights Commission of Pakistan has described it as a “threat to freedom of speech and the press in Punjab,” and multiple petitions have since been filed seeking to have it struck down.
Defamation falls under federal jurisdiction: counsel
At Tuesday’s hearing, advocate Faisal Siddiqi, representing journalists’ organisations, challenged the very foundation of the legislation, arguing that the provincial government lacked the constitutional authority to legislate on defamation — a matter, he contended, that falls under federal jurisdiction. He also took issue with provisions offering enhanced legal protection to constitutional officeholders and state officials, including the president, military officers and senior judges.
Advocate Asad Jamal, appearing for journalists Mansoor Ali Khan and Benazir Shah, pointed to a March 15 social media post by Punjab Senior Minister Marriyum Aurangzeb, in which she warned of action under the law against those allegedly spreading “fake news” about the purchase of a luxury jet. Jamal argued the post illustrated how the legislation could be weaponised to intimidate critics and suppress legitimate reporting.
Court seeks record of assembly debates
The court issued notices to federal and provincial law officers and directed the provincial government’s counsel to submit the full record of assembly debates that preceded the law’s enactment. This follows a direction from the March 30 hearing, in which Justice Hussain had already asked the Assistant Advocate General to produce the same record and to address the question of the provincial assembly’s legislative competence over social media and defamation.
At that prior hearing, the judge had also sought submissions on judicial independence, the security of tenure of the law’s proposed tribunals, and the Act’s provision fixing general damages at Rs3 million. He further noted that the court would examine whether the Act violates the International Covenant on Civil and Political Rights (ICCPR), to which Pakistan is a signatory.
A parallel justice system?
The petitioners have raised broader structural concerns about the law. Several argued it effectively creates a parallel judicial system, undermines constitutional safeguards, and amounts to political engineering. One petitioner submitted that the requirement to pay damages in advance contravenes the constitutional right to a fair trial.
Advocate Ans Mashood, representing journalists Munizae Jahangir, Rashed Rehman and Nasir Zaidi, highlighted a significant departure from established legal norms. The Punjab Defamation Act removes the longstanding common law distinction between “libel” and “slander” — written and verbal forms of defamation respectively — collapsing both into a single, broader definition, he said.
Mashood also flagged a separate mechanism the law creates for claims filed by constitutional officeholders. Under this provision, such claims can be brought by an authorised representative without the officeholder’s personal appearance, and must be filed exclusively before the principal seat of the LHC, where a single bench nominated by the court will hear them.
Stay on proceedings
The petitions have been filed by several prominent journalist bodies and individuals, including the Lahore Press Club, the Punjab Union of Journalists, and journalists Munizae Jahangir, Rashed Rehman, Nasir Zaidi and Benazir Shah. Advocates Rida Hossain, Asad Jamal, Azhar Siddique, Ans Mashood and Haris Bhatti appeared on behalf of the petitioners.
Notably, the LHC has already linked any proceedings under the Punjab Defamation Act 2024 to the final outcome of these petitions — effectively placing the law in abeyance pending the court’s decision. As of July last year, the Advocate General of Punjab confirmed that no proceedings had been initiated under the Act.