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Pak. plans new defamation law

By B. Muralidhar Reddy

ISLAMABAD Sept. 1. Under a new law proposed by the Musharraf Government, journalists in Pakistan convicted in defamation cases would have to tender an apology besides payment of a minimum compensation of Rs. 50,000, failing which they would have to serve a simple imprisonment for three months.

The Government has asserted that the Defamation Ordinance, 2002 is a response to a long-awaited public demand but critics wonder why an essentially transitional Government, with general elections less than 40 days away, should be in a hurry to bring such a law.

A Cabinet meeting presided over by the Pakistan President, Pervez Musharraf, on Saturday cleared the provisions of the proposed Ordinance and Gen. Musharraf is soon expected to promulgate it invoking his powers under the Provisional Constitution Order (PCO).

The Information Minister, Nisar Memon, who briefed the press about the provisions of the new law, argued that it would also help in developing a sense of `responsibility' in the electronic and print media.

Under the provisions of the ordinance in case the defamation is proved to have occurred, the wrongdoer will be directed to tender an apology and publish the same in the same manner and with the same prominence as the defamatory statement. Besides, he/she would have to pay a minimum compensation of Rs. 50,000 and, in case of default in the payment of compensation he/she would suffer a simple imprisonment for three months.

``The authors, editors and all other persons responsible for the publication or circulation of defamatory material shall be liable under this ordinance. In the event of causing defamation, the aggrieved person may bring action against the wrongdoer by issuing a legal notice and thereafter filing the case in the court of district judge,'' it says.

The Musharraf Government has also approved setting up of the Press Council and Publication of Press and Periodicals Registration Ordinance. The Council would enforce a `code of conduct' for the media and the Government has claimed that it has been drawn with the consent of all relevant media organisations.

Mr. Memon told correspondents that the Defamation Ordinance "is based on the principle that the reputation of a member of society, the esteem in which he is held by it, the credit and trust it reposes in its intelligence, honour and integrity are valuable assets of a citizen and these must be safeguarded''.

The Minister said the President would appoint the head of the Press Council.

It would have three editors, three publishers and three working journalists as members.

Also, all the four provincial Governors would nominate one educationist each from their provinces.

The Leader of the House and the Leader of the Opposition in the National Assembly would also appoint one nominee each to the Council.

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