Pakistan's military government has yet to put the finishing touches on a new defamation law, but media owners and journalists are already calling the proposed legislation as just another shackle for the country's already chained press.

For media groups, the press-specific focus of the Defamation Ordinance 2002 is a dangerous sign that they say exposes the government's intentions to strengthen its control on what is published or televised.

Indeed, media members argue that there is no need for any new law on defamation since the matter is already covered by an existing comprehensive common law.

Journalists also say that defamation as defined by the draft law would completely take away their right to report.

According to copies of the draft circulating in press circles, defamation is defined as "(any) wrongful publication or circulation of a false statement or representation made orally, aurally or in written or visual forms which injures the reputation of a person or tend to reduce him to ridicule, unjust criticism, dislike, contempt or hatred...."

Says an editor of an Urdu newspaper: "If this law is enacted, we certainly will not be able to report President Pervez Musharraf's favourite line that Benazir Bhutto and Nawaz Sharif are looters, plunderers and cheaters."

"In case of litigation," adds the editor, "it will not be Musharraf but reporter, editor and publisher who would face penalties."

The penalties, as proposed by the law, could just be a published or televised apology or a fine that may be as much as US$16,000. It could also be both.

"The thrust of entire ordinance is on seeking apologies from reporters, editors and publishers and getting them published in case they failed to satisfy the plaintiff," said Rauf Klasra in his analysis of the proposed law published recently by English-language daily The News .

Anti-press bias

The powerful Council of Pakistan Newspapers Editors (CPNE) has already castigated Islamabad for even considering a piece of law that has a clearanti-press bias. It says that such laws would severely damage the relations between the government and the press and sow the seeds of misunderstanding.

"The reports of this law being finalised for enactment have sent very negative signals to the journalist community," said the CPNE in a letter to the government, shortly after news about the law were leaked last week.

"This law is being interpreted as a draconian step towards strangulating the freedom of press in Pakistan," the CPNE also said.

Another English-language daily, the Nation , also observed in a recent editorial, "The suspicion arises that this piece of legislation has been prompted by the government itself, as yet another anti-press tool".

In reply, the government issued a clarification so ambiguous that it only made the situation worse. Said Law Minister Khalid Ranjha in a press statement: "Defamation law already exists and it applies to everybody and the not-yet finalised law is not journalist specific."

Defamation law

Observers have since pointed out that while Ranjha acknowledged that there is already a defamation law, the minister failed to explain why the government then had to come up with another one. They also insist that draft of the Defamation Ordinance belies Ranjha's claim that it is not press-focused.

Media experts meanwhile say that the proposed law has completely ignored the rights of a reporter, editor or a publisher to defend the validity of published material by producing official document, summaries or other required evidence.

A clause in the draft narrows the defence available to a person involved in defamation proceedings to showing that "he was not author, editor publisher or printer of a statement complained against...or assent was given for publication by the plaintiff".

Hameed Haroon, president of the All Pakistan Newspaper Society (APNS) says that once imposed, the defamation law would "complete the cage in which the government would like to confine the press".

He remarks: "This new law (defamation) intends to stop editors, journalists and publishers from using official government documents to prove the contention of their stories."

Serious repercussions

Law Ministry officials admit privately that some clauses in the draft are bound to have serious repercussions on the media. But they say there is little they can do since the orders are coming from upstairs.

The ministry's spokesperson, for his part, only goes as far as saying, "We do intend to circulate the draft when it is finalised for comments among all stakeholders."

Most stakeholders, however, have already issued scathing comments without waiting to be asked for these. APNS chief Haroon, for one, says, "The proposed law is not only draconian but also violative of the Article 19 of the Constitution of Pakistan."

Article 19 grants people right to information. Successive governments, however, have dragged their feet in introducing any law that would ensure the free flow of information.

Media and rights groups both say that the military government should first repeal a plethora of laws that restrict flow of information to the public before considering steps to "reform" the press through the proposed defamation law and other similar moves.

As it is, draft laws that will establish a Press Council to what the government says ensure responsible journalism is also under official process. An ordinance on the registration of periodicals and newspapers is being considered as well.

Not surprisingly, both laws, though in their draft form, have attracted flak from journalists and rights groups.

Like the APNS, the Human Rights Commission of Pakistan (HRCP) demands that the government introduce a promised law on freedom of information rather than curtailing what little freedom has been left the press.

"We do not accept the freedom of information law reportedly being prepared by the government in total secrecy," says HRCP president Afrasiab Khattak. "We want that this important law be framed after a people's consultation."