Criminal defamation law in Pakistan

Contents

1. Introduction
2. What is This Case About?
3. Why is This Important?
4. What Does the Law Say?
5. How Does This Affect Free Speech?
6. Problems with the Law
7. Supreme Court’s Decision So Far
8. What Could Happen Next?
9. Conclusion
10. Contact Advocate Muhammad Amin

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1. Introduction

Defamation laws in Pakistan are a big issue. The case of Meera Shafi v. Federation of Pakistan (2022 SCMR 1267) questions whether calling someone out online should be a crime. The Supreme Court is looking into this matter and has stopped the criminal case for now.

2. What is This Case About?

Meera Shafi accused someone of sexual harassment on Twitter. She also filed a legal complaint under the Punjab Protection against Harassment of Women at the Workplace Act, 2012. The complaint was rejected, and now her appeal is with the Supreme Court.

The accused person sued her for defamation and also filed a criminal case under the Prevention of Electronic Crimes Act (PECA) 2016. As a result, Shafi and her witnesses had to get bail and face a trial.

3. Why is This Important?

This case is important because it affects:

• Free speech: Can people speak up without fear?
• Victims of harassment: Will they feel safe reporting harassment?
• Fair trials: Can a person be sued both in a civil and criminal court for the same thing?

4. What Does the Law Say?

PECA 2016 criminalizes online defamation under Section 20. But the Constitution of Pakistan protects freedom of speech (Article 19) and the right to a fair trial (Article 10A). The Supreme Court is checking if this law goes against the Constitution.

5. How Does This Affect Free Speech?

If defamation remains a crime, people may be afraid to share their experiences. Victims of harassment might not speak up. This could be used as a tool to silence people.

6. Problems with the Law

Many people think this law has problems because:

• It can be used to threaten and silence victims.
• It allows both civil and criminal cases at the same time.
• It does not clearly protect those who speak the truth.

7. Supreme Court’s Decision So Far

The Supreme Court has stopped the criminal case under PECA for now. It wants to fully review whether this law is fair.

8. What Could Happen Next?

The Supreme Court might:

• Declare that criminal defamation is unconstitutional.
• Change the law to make it fairer.
• Keep the law as it is, which could impact free speech.

9. Conclusion

This case is very important for online speech, defamation laws, and the rights of victims in Pakistan. The Supreme Court’s decision will affect how people can talk about sensitive issues in the future.

10. Contact Advocate Muhammad Amin

For legal help, contact: Advocate Muhammad Amin
Phone: 0313 9708019
Office: Office No. 14, Zeb Plaza, University Road, Tahkal Payan, Peshawar