DEFAMATION (AMENDMENT) ACT, 2004

ACT IX OF 2004

DEFAMATION (AMENDMENT) ACT, 2004

An Act to amend the Defamation Ordinance, 2002, the Pakistan Penal Code and the Code of Criminal Procedure, 1898

[Gazette of Pakistan, Extraordinary, Part I, 30th November, 2004]

Whereas it is expedient to amend the Defamation Ordinance, 2002 (LVI of 2002), the Pakistan Penal Code (Act XLV of 1860) and the Code of Criminal Procedure, 1898 (Act V of 1898), for the purposes hereinafter appearing;

2. Amendment of section 2, Ordinance LVI of 2002.-0-‑In the Defamation Ordinance 2002 (LVI of 2002), hereinafter referred to as the said‑Ordinance, in section 2,‑‑‑

(i) clause (a) shall be omitted;

(ii) after clause (b), the following new clause shall be inserted, namely:‑‑

"(bb) "Court" means the District Court;" and

(iii) after clause (d), the following new clause shall be inserted, namely:

"(dd) "originator" means the initiator of a defamatory statement or any other defamatory act;"

3. Amendment of section 9, Ordinance LVI of 2002.‑‑‑In the said 'Ordinance, in section 9,‑‑

(i) the words "or shall undergo three months imprisonment" shall be omitted; and

(ii) for the full stop at the end, a colon shall be substituted and thereafter the following proviso shall be inserted, namely:

"Provided that in case of the originators the minimum compensatory damages as general damages shall be three hundred thousand rupees."

4. Substitution of section 13, Ordinance LVI of 2002.--‑In the said Ordinance, for section 13, the following shall be substituted, namely:‑‑

"13. Trial of cases.‑‑‑The District Court shall have the jurisdiction to try the cases under this Ordinance.".

5. Amendment of section 14, Ordinance LVI of 2002.--In the said, Ordinance, in section 14, fox the words "six months" the words "ninety days" shall be substituted. 

6. Substitution of section 15, Ordinance LVI of 2002.--‑In the said Ordinance, for section 15, the following shall be substituted, namely:‑‑

"15. Appeal.--‑An appeal against the final decision and decree of the Court shall lie to the High Court within thirty days and the High Court shall decide the appeal within sixty days:

Provided that no appeal shall lie against an interlocutory order of the Court."