ISLAMABAD - The Supreme Court of Pakistan has said that the broadcaster of slander cannot take refuge in saying that he is not the originator of the slander; as those who broadcast slander and defamatory material also corrupt those who hear it.
In a nine-page order on contempt of court notices, Chief Justice Qazi Faez Isa wrote; “Exhilarating elixir of free speech and media freedom does not permit slandering anyone, including judges and courts.” The order stated; “The broadcaster must verify the truth or falsehood of the matter.”
A three-member bench of the apex court headed by CJP Faez and comprising Justice Naeem Akhtar Afghan and Justice Aqeel Ahmed Abbasi on June 28 had accepted the unconditional apology of Senator Faisal Vawda and MQM MNA Mustafa Kamal in the contempt case, but issued show-cause notices to the TV channels for telecast and re-telecast of contemptuous press conferences by the two parliamentarians.
The order noted that both the parliamentarians realized their mistake and have in humility sought forgiveness and pardon. Vawda and Kamal tendered unconditional apology to this court in writing. They have also verbally expressed remorse and reiterated their apology in court. However, ‘preliminary reply’ filed on behalf of the TV channels, stated that contempt proceedings can only be initiated if ‘mal-intent is shown’, that it is a ‘settled principle of the law of contempt’ to establish ‘mal-intent’ and to broadcast press conferences is ‘in the public interest as it is their right and duty under Articles 19 and 19-A, Constitution, 1973’.
The court said; “The explanation prima facie is not justified, and all the more so, when the two gentlemen (Vawda and Kamal) who had held the press conferences acknowledge that the same constituted contempt of court.”
The order maintained that this court has to ensure to all that the constitutionally prescribed fundamental rights are not denied to them. However, the right to freedom of speech and expression and the freedom of the press in Article 19 does not take precedence over the inviolability of the dignity of persons and of the privacy of the home in Article 14, which incidentally is numerically a prior fundamental right.
It said that disagreement and discord has become all too pervasive and it has permeated into people’s behaviour, ideas and beliefs with the quick, easy and widespread dissemination of falsehood and slander. “The legal tool which is used for recompensing the wronged and imposing heavy financial penalties remains under-developed and it is effectively stymied in Pakistan. Resultantly defamation and spreading lies is not visited upon with consequences which may curtail them.”
It further stated that in this age when lies can be globally spread with ease, and cannot be erased, extra care has to be exercised. If this is not done the public sphere is polluted and polarised. Deception and disinformation elbows out decency and truth. Those having the expertise in making lies prevail manage to instil hatred and destroy friendships and families. Lies also undermine the credibility of institutions, and have been known to set the world at war. The potential of harm that is in lies and slander, can be undone and conviviality restored by expiation.
