The Defamation Ordinance, 2002

 

The defamation Ordinance, 2002 is one of the laws, which were promulgated by President General Musharraf as a package of media laws in 2002. Prior to this Ordinance, „defamation‟ was a „criminal

offence‟ under the Pakistan Penal Code (PPC), 1860. Sections 499-502 of PPC deal with the„ criminal defamation‟ and provide a procedure for its adjudication by Sessions Court as an offence.

 

However, under the Defamation Ordinance, one can file a suit – a case of civil court jurisdiction – for damages as well. The Ordinance defines kinds of defamation i.e. libel and slander. It also provides defences in defamation proceedings. These defences include:

 

a) Fair comment on the matter in the public interest;

b) Truthfulness of matter made for public good; and

c) Absolute or qualified privilege.

 

Section 6 of the Ordinance defines Absolute Privilege and Section 7 explains what constitutes Qualified Privilege. Absolute Privilege is “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.” Qualified Privilege is “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.” This means that if the matter falls under the definition of either of the privileges, absolute or qualified, it is legal to disseminate the information to the public.

 

Contempt of Court:

Contempt of court is any behavior or wronging that conflicts with or challenges the authority , integrity  and superiority of court.  According to the article 204 of the Constitution of Pakistan 1973 courts have rights to punish that person who did or will do contempt.

l  Person who will use harsh or bad language for the court.

l  Person who will interfere in any case proceeding of the court without any cause.

l  Person who will refuse the court results.

l  Person who will disrespect any judge.

People may do contempt:

l  Attorneys

l  Officers of the courts

l  Courts personnel

l   Any party involved in a court proceeding

Recent Examples:

l  Nahal Hashmi

l  Talal Ch

l  Daniyal Aziz

Kinds of contempt:

Contempt is of three types

Civil contempt:

Civil contempt of court most often happens when someone fails to adhere to an order from the court, with resulting injury to a private party's rights. For example, failure to pay court ordered child support can lead to punishment for civil contempt. Typically, the aggrieved party, such as a parent who has not received court ordered child support payments, may file an action for civil contempt.

Criminal contempt:

Being rude or disrespectful to court proceedings, the judge, or attorneys in the proceedings, or causing some type of disturbance in the courtroom. This type of behavior usually garners a warning by the judge before contempt charges are made.

l  Criminal contempt is committed when a person attempts to influence a witness or proposed witness either by intimidation or improper inducement ,not to give evidence or not to tell the truth in any legal proceedings

·         Offers an improper inducement or attempts to intimidate a judge in order to secure a favorable verdict in any legal proceedings

·         Commits any other act with intent to divert course of justice

 

Judicial contempt:

Means the scandalization of a court and includes personalized criticism of judge while holding office. Personalized criticism means a criticism of a judge or a judgement in which improper motives are imputed. Personalized criticism does not amount to contempt when true and made in good faith.

EXAMPLES

Civil contempt:

A man accused a judge for being unfaithful and disloyal in the supreme court in 2008 the judge jailed him for blaming him without any proof he was held in for 18 months and charge for rupees 100000

Criminal contempt :

Criminal contempt was their when a judge himself was involved in balochistan for baking off a wanted criminal in balochistan  in 2012 for criminal contempt  he was charged 100000  and restricted from coming to court for 3 months

Judicial contempt :

A man throes a shoe at the judge and starting abusing him a judge has power known as judicial contempt and he charged him recently it happened. He charged him with heavy amount of resume and jailed him for 3 months .

 

Punishment:

(1)

Subject to sub-section 2, any person who commits contempt of court shall be punished with imprisonment which may extend to six months simple imprisonment, or with fine which may extend to one hundred thousand rupees, or with both.

 

(2)

A person accused of having committed contempt of court may, at any stage, submit an apology and the court, it satisfied that it is bonafide, may discharge him or remit his sentence. Explanation.- The fact that an accused person genuinely believes that he has not committed contempt and enters a defence shall not detract from the bonafides of an apology.

(3)

In the case of a contempt having been committed, or alleged to have been committed, by a company, the responsibility therefore shall extend to the persons in the company, directly or indirectly, responsible for the same, who shall also be liable to be punished accordingly.

 

(4)

Not with standing anything contained in any judgment, no court shall have the power to pass any order of punishment for or in relation to any act of contempt save and except in accordance with sub-section 1.