(c) realistic images representing a minor engaged in sexually explicit conduct; or (d) discloses the identity of the minor, shall be punished with imprisonment for a term which may extend to seven years, or with fine which may extend to five million rupees or with both. Defamation The offence of defamation has been defined in the Pakistan Penal Code and within the Defamation Act, 2004. The relevant sections are as follows. Section 499, Pakistan Penal Code, 1860 – Defamation. Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person. Defamation Act 2004 2(b) “broadcasting” means the dissemination of writing, signs, signals, pictures and sounds of all kind, including any electronic device, intended to be received by the public either directly or through the medium of relay stations, by means of, (i) a form of wireless radioelectric communication utilizing Hertzian waves, including radiotelegraph and radiotelephone; or (ii) cables, computer, wires, fibreoptic linkages or laser beams, and “broadcast” has a corresponding meaning; (e) “publication” means the communication of the words to at least one person other than the person defamed and includes a newspaper or broadcast through the internet or other media; and (2) Defamation is of two forms, namely: (i) slander; and (ii) libel. (3) Any false oral statement or representation that amounts to defamation shall be actionable as slander. (4) Any false written, documentary or visual statement or representation made either by ordinary form or expression or by electronic or other modern means or devices that amounts to defamation shall be actionable as libel. 8. Notice of action. No action lies unless the plaintiff has, within two months after the publication of the defamatory matter has come to his notice or knowledge, given to the defendant fourteen days notice in writing of his intention to bring an action, specifying the defamatory matter complained of. Case law on defamation demonstrates that accusations of defamation often result in acquittals or dismissal of cases without penalties. Both technical and other grounds are used for dismissal of cases. Case law on defamation also sets a high standard for accusation of defamation to be proved. In Mst. Shash Begum vs Bashir Ullah, Justice Seikh Ahmed Farooq (2013 PCrLJ 1737 Federal Shairait Court) holds that “the most essential ingredient for constituting an offence of defamation is mens rea or intention (Reliance PLD 2001 - Jarachi - 115).” The judgment also holds that any “accusation preferred in good faith against any person to any of those, who have lawful authority over that person or an imputation made in good faith by person for protection of his right or interest, as do not fall within the definition of Defamation as envisaged under section 499 PPP.” The Defamation Act and case law both have a strong tradition of defence. The judgment in Syed Mehmood Ali vs Network Television Marketing (pvt) limited and other defendants (2005 C LD 840) in connection with the interpretation of the law holds that “a class or particular section group of people cannot claim to be defamed as a class, section, group or community nor an individual can claim to be defamed by general reference to the class, section group or community to which he belonged.” The judgment also holds that a “person accused of libel may defend the action on the plea of fair comment on a matter of public good or interest, absolute or qualified privilege or if it shown to be with the permission or consent of the injured and aggrieved person.” There are no prominent cases in which defamation suits have been initiated purely on the basis of speech/expression online. However, the Prevention of Electronic Crimes Act, 2016 has also introduced certain provisions through which defamation charges might be brought forward. In particular, section 20 of PECA 2016, “Offences against dignity of a natural person”, holds: Whoever intentionally and publicly exhibits or displays or transmits any information through any information system, which he knows to be false, and intimidates or harms the reputation or privacy of a natural person, shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to one million rupees or with both. 112 / Unshackling Expression