Odd ad

THE recent government advertisement in newspapers warning them not to publish defamatory material taken from a website, not named but clearly the webzine South Asian Tribune, is odd in itself, for the purpose would have been served by a simple letter to the newspapers. Combined with the official reaction to PML(N) spokesman Siddiqul Farooq’s accusations of malfeasance against Railways Minister Lt Gen (retd) Javed Ashraf Qazi, it seems that the Defamation Ordinance is likely to be invoked in exactly the manner that the Press feared, as a club to beat down criticism in good faith. While newspapers generally behave responsibly in confirming the authenticity of their reports, the usual assumption about material already disseminated in other media, is that the absence of contradiction is evidence of at least some accuracy.
Is the Press to construe this advertisement as a kind of legal notice, after which the government, or any of its supposedly defamed officials, will feel free to sue for damages under the new Ordinance? In lieu of damages, instead of distraining property, it should be remembered, the Ordinance provides for imprisonment, as well as a fast-track procedure for trying such cases. It was suddenly introduced as part of a Press Laws package, without any consultation with the Press bodies, or any demand by other possible stakeholders, such as the legal profession or the general public. The explanation given was that a statute was necessary to replace the common law prevailing, in connection with a legal reforms programme financed by the Asian Development Bank. This seemed specious at the time, and the Press bodies expressed the fear that this Ordinance was intended to begin a crackdown on the Press.
It is perhaps premature to declare one suit being filed against a politician, and one government advertisement, to be a precursor to an anti-Press crackdown. However, it is worth noting that the first use or threat of use of the Ordinance have come from the government.