(g) the matter complained of was privileged communication such as between lawyer and
client or between persons having fiduciary relations; and
(h) the matter is covered by absolute or qualified privilege.
6. Absolute privilege. Any publication of statement made in the Federal or Provincial
legislatures, reports, papers, notes and proceedings ordered to be published by either House of the
Parliament or by the Provincial Assemblies, or relating to judicial proceedings ordered to be published
by the court or any report, note or matter written or published by or under the authority of a
Government, shall have the protection of absolute privilege.
Explanation. In this section legislature includes a local legislature and court includes any
tribunal or body exercising the judicial powers.
7. Qualified privilege. Any fair and accurate publication of parliamentary proceedings, or
judicial proceedings which the public may attend and statements made to the proper authorities in
order to procure the redress of public grievances shall have the protection of qualified privilege.
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.
9. Remedies. Where defamation shall be proved to have occurred, the court may pass order
directing the defendant to tender an apology, if acceptable to the plaintiff, and publish the same in
similar manner and with the same prominence as the defamatory statement made and pay reasonable
compensatory damages as general damages with a minimum of Rs.50,000 (Rupees fifty thousand) 1* *
* and in addition thereto, any special damage incurred that is proved by the plaintiff to the satisfaction
of the Court. 2[:]
3[Provided that in case of the originator the minimum compensatory damages as general damages
shall be three hundred thousand rupees.]
10. Code of Civil Procedure and QanuneShahadat Order to apply. The Code of Civil
Procedure, 1908 (Act No. V of 1908) and the QanuneShahadat, 1984 (P.O. No 10 of 1984) shall
mutatis mutandis, apply to the proceedings under this Ordinance
11. Ordinance not to prejudice action for criminal defamation. Nothing in this Ordinance shall
prejudice any action for criminal libel or slander under any law for the time being in force.
12. Limitation of actions. An action against__
(a) an author, editor, proprietor or publisher of a newspaper;
(b) the owner of a broadcasting station;
(c) an officer, servant or employee of the newspaper or broadcasting station; or
1 Certain words omitted by the Defamation (Amdt.) Act 2004 (19 of 2004), s. 3.
2 Subs. ibid., for "full stop".
3 Proviso. ins. ibid.
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