Gul Bukhari, a human rights activist, has won a defamation case against ARY in the United Kingdom, after the UK media regulator Ofcom determined that ARY’s UK programme, New Vision Television (NVTV), broadcast false information concerning Federal Investigation Agency (FIA) warning issued to her.
I won my case against ARY in the UK. ARY ran fake news to attack me. When I sought legal remedy, ARY’s lawyer said it aired news on instructions of 'security agencies' upset at my Tweets. ARY's defence rejected/my position vindicated. Thank you.
— Gul Bukhari (@GulBukhari) January 24, 2022
https://t.co/pqKFm1O1Hg
Gul Bukhari, a vocal critic of the system, has been based in London since her kidnapping from Lahore Cantt on June 5, 2018, and subsequent release by unknown assailants.
Gul Bukhari filed a defamation case with Ofcom in February 2020, alleging that ARY broadcasted damaging and insulting remarks about her.
During the broadcast in question, ARY announced that its reporter Zulqarnain Haider had breaking news which, “a matter of instigation against the national security agencies which has brought the FIA into action. The counter-terrorism wing of the FIA has issued Ms. Gul Bukhari a notice to present herself”. The ARY reporter said that Gul Bukhari had 30 days to appear before the agency.
The reporter added, “In case of failure to present herself, a case will be registered against her under counter-terrorism [laws]. After a court order, under the treaty, Ms. Gul Bukhari will be extradited back home. Interpol will be contacted, and her property may be confiscated.”
Ms. Bukhari denied receiving a notification from the FIA and claimed that the ‘baseless’ accusations had falsely implicated her in terrorism and violence. Her family had also been threatened as a result of the bogus report, she said.
Ofcom found that ARY had not taken reasonable care to ensure that material facts were presented in a way that was fair to Ms. Bukhari after a nearly two-year investigation.
ARY had also failed to provide a proper and timely chance for Ms. Bukhari to react to the serious charges made about her, according to Ofcom.
The FIA had begun an inquiry into Bukhari, ARY stated in its defence, because of comments she made on her personal Twitter account, particularly a post she published on January 12, 2020, that went viral.
FIA informed ARY of the report, which was also shared with other news organisations, according to ARY. When challenged by Bukhari’s lawyer, the FIA said it couldn’t present any evidence of the notification.
ARY then changed its position and said that “the news story came directly from the security agencies and was therefore trusted.”
Ofcom rejected ARY’s defence and said that “the comments made in the programme about Ms. Bukhari were serious in nature and, in our view, amounted to significant allegations which had the clear potential to materially and adversely affect viewers’ opinions of Ms. Bukhari in a way that was unfair.”
According to Ofcom, the broadcaster had a responsibility to give Ms. Bukhari an appropriate and timely opportunity to respond, or if she was given that opportunity but declined, it should have been made clear in the show.
ARY claimed it tried to contact Gul Bukhari to get her side of the storey, but Ofcom found that “the broadcaster had not been able to provide to Ofcom any documentary records of the attempt, or attempts, made by the programme makers to obtain Ms. Bukhari’s comments prior to the programme being broadcast.”
The decision stated, “Ofcom has upheld Ms. Bukhari’s complaint of discriminatory or unfair treatment in the programme as broadcast.”
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