LAW OF DEFAMATION: CONCEPT AND APPLICATION IN THE ISLAMIC REPUBLIC OF PAKISTAN

Abstract

The dignity and reputation of a person which is considered as an inviolable fundamental right and needs to be protected by the state through various legislative instruments. It may be secured in civil or criminal adjudication to provide a safeguard to the reputation of a person, as no one has the right to tarnish and defame others to lower them before the general public. The internet era in the shape of social media has further heightened the situation in the publication of defamatory material. Therefore, the case even becomes more complex when the computer/device is used by the third person at various places, as such states have enacted laws to curtail defamatory acts and offences. However, various laws have been enacted in Pakistan to coup with defamatory acts and offences of civil and criminal nature and this article deals with all such thin lines which lead to constitute a defamation along with certain exceptions in reference with Pakistani laws. Moreover, what ways can be adopted to conform our laws of defamation in reference to Islamic principles?