Years of dictatorship and censure meant that Pakistan’s media and press were historically in chains. Therefore, the freedoms that we have become accustomed to over the past decade in Pakistan require that we – i.e. individuals, the press and the media – understand the dynamics of the digital age. Khan & Co Barristers-at-Law are committed to ensuring that the media and telecommunications law in Pakistan is properly utilised and that ethics are maintained when constitutional freedom of speech is exercised.
In Pakistan, defamation constitutes a criminal act under the Defamation Ordinance 2002 (as amended). There are two kinds of defamation under Pakistani Law, i.e. libel and slander. The publication of defamatory matter is an actionable wrong without proof of special damage to the person defamed.
Breaching the law incurs compensatory damages not less than 300,000 Rupees for the plaintiff (claimant). However, some of the defences in an action for defamation are that the defendant:
- Is not the author, publisher, or printer of the statement complained of
- The matter commented on is fair and in the public interest, constitutes an expression of opinion and not an assertion of fact, and published in good faith
- The matter complained of is based on truth and was made for the public good
- The matter complained of was privileged communication such as between a lawyer and a client or between persons having fiduciary relations.
Under the Ordinance, no action for defamation will lie unless the plaintiff, within two months after the publication of the defamatory matter, gives a 14-day written notice to the defendant from the date of knowledge of the publication. Likewise, an action for defamation will lie if the action is filed within six months from the time of knowledge of the publication of the defamatory matter.
The Pakistan Electronic Media Regulatory Authority (PEMRA) is the statutory body established under PEMRA Ordinance 2002 to facilitate and regulate the private electronic media. It has the mandate to improve the standards of information, education and entertainment and to enlarge the choice available to the people of Pakistan Including news, current affairs, religious knowledge, art and culture as well as science and technology.
PEMRA is responsible for facilitating and regulating the establishment and operation of all broadcast media and distribution services in Pakistan established for the purpose of international, national, provincial, district, and local or special target audiences. It seeks to:
- Improve the standards of information, education and entertainment
- Enlarge the choice available to the people of Pakistan in the media for news, current affairs, religious knowledge, art, culture, science, technology, economic development, social sector concerns, music, sports, drama and other subjects of public and national interest.
- Facilitate the devolution of responsibility and power to the grass roots by improving the access of the people to mass media at the local and community level.
- Ensure accountability, transparency and good governance by optimisation the free flow of information.
Should you need any advice in relation to PEMRA and licencing regime please do not hesitate to contact us with your query.
In addition to mainstream media law, we also routinely act in cases related to cyber crime in the connected field of telecommunications law. Please contact Khan & Co Barristers-at-Law if you suspect that you are a victim of cyber crime or require advice in relation to electronic crimes, data damage, electronic fraud, criminal access to private files, electronic forgery, misuse of encryption and abuse of code.
We accept instructions in relation to all cases falling within the ambit of the Prevention of Electronic Crimes Ordinance 2008, the Payments and Electronic Fund Transfers Act 2007, the Electronic Transactions Ordinance 2002, the Pakistan Telecommunication (Reorganisation) Act 1996, the Federal Investigation Agency Act 1974, the Wireless Telephony Act 1885 and the Telegraph Act 1974.
The Prevention of Electronic Crimes Ordinance 2008 applies to any person who commits an offence under its terms irrespective of his nationality or citizenship whatsoever or in any place outside or inside Pakistan, having detrimental effect on the security if Pakistan or its nationals or national harmony or any property or any electronic system or data located in Pakistan or any electronic system or data capable of being connected, sent to, used by or with any electronic system in Pakistan.
The law provides exclusive powers to the Federal Investigation Agency (FIA) to investigate and charge cases against such crimes. Illegal and criminal acts such as data access, data damage, system damage, electronic fraud, electronic forgery, spamming, spoofing, cyber terrorism etc are all covered under the Ordinance and sentences for convicted persons range from two years’ imprisonment to the death penalty.