I was happy we were discussing libel/torts laws, but then I see a shift, no worries, I can talk on any subject and all the subjects.

Coming back to your last input wherein you have vehemently reiterated that in his post, the learned blogger has nowhere used deragatory remarks or made compliant against the present government. Before I say something on your observation, let me tell you loud and clear, all free citizens have democratic rights to criticize the government and that is what is being done in media. What is missing is the suggestions. In a healthy society all criticisms should be associated with solid suggestion, else, they are void.

”
PM Gillani, a pir and murshid to his well-wishers, came up with the heartless rebuke to an expecting lady’s painful ordeal in Quetta that “children can be born in planes too”. After some days of silence he decided to stifle the risen furor with an apology. What he came up with instead was what all those in power say when forced to apologize. Starting with a very brief sermon on destiny he conjoined it with the birth of children in unlikely places and finished off with: “but still if I offended / hurt anybody I apologize”.
Why do our rulers have to be so condescending? Why do they have to preface their apology (if made) with “if I offended”? Where and why does this “if” come in when a person of limited logic too can understand that the uttered words insulted and outraged all? PM Gillani’s apology was contingent on whether or not someone was offended. If he felt that an apology was warranted then why not just issue an apology rather than an ‘if’ apology? He obviously did not regret or feel remorse for the thing he said; otherwise he would have owned it in its entirety without exception.”

The above cited portion of the blogger, in spite of its beautiful expression, is just a cry against present government without any valid suggestion. My whole point is only this that if an article is written on the misdeeds of the government suggestions must accompany them, otherwise, the article would be just another article.

One more thing, I never was and I am not an admirer of present government. My emphasis is that whatever sham democracy we have, we should give her a chance. When the learned blogger is only coming up with grievances and no suggestions, logically leads the reader that he does not want a change in governance but change in the government.

4.khalid humayun on March 19th, 2010 :

“Give thy thoughts no tongue” is the most absurd quote of William Shakespeare. The blogger himself used a lot of tongue by re-visiting and describing harrowing past, insensibility of present and painting a gloomy picture of future. Crying with full throat is no remedy. We want suggestions for solutions.

If the present government is not doing anything wise tell them the better alternatives. At least we can do this in a democratic environment. However, if his desire is back to heavy boots, well in this free world, every man has a right to own their personal opinion. Just keep in mind, another demon is getting powerful. Separatists are breathing hot.”

Sir,
I have read your above comments. .I also re-read the thoughts of respected Mir Adnan Aziz, titled “Give thy thoughts no tongue….”.

No where the author has, event remotely made any personal or derogatory remark. Nor did I find anything even a suggestive word or sentence, that may lead one to say that author harboured the notion or “desire” “back to heavy boots,”

Sir, you also said; “Just keep in mind, another demon is getting powerful. Separatists are breathing hot.”

By saying this you actually conceded the demon (if you may) you found Mr. Mir Abdul Aziz was eluding to and said “Just keep in mind another demon is getting powerful”

I have no claim to academic nor a new debate was intended. Juxtaposed to what Mr. Mir Abdul Aziz wrote and your comments, prompted my comments No. 3, 5, and 7.

I feel the author has taken a wholistic view of the contradictions inherent in our society not any particular person, regime or leader or government.

That said, nice conversing with you and lookforward to more elsewhere on Pakspectator.

I have no claim to academics nor the de

Although you have opened a new issue which was not in the debate, nonetheless, I welcome your academic approach and would like to elaborate something sensitive on the issue. There are many judgments on the issue of libel/torts. There is very thin line between criticism on good faith of public or national interest and defamation/libel. Different judgments have different verdicts entirely given on the merits of the case and as you are well aware each case has its own environement, circumstances and intentions.

Remedy of libel, if established by court, lies in torts laws. Torts is a body of law that provides compensation for the injuries sustained by the victim on their character and stature. These laws are as old as Roman Civilization, although many amendments inducted per se. Interestingly, if the accused takes the stand of public safety he/they have to prove the same precisely as to how they spoke/wrote were entirely in the public interest - not easy to establish. In most of the countries libel or slander proceedings are civil but some countries like Canada initiate criminal proceedings. (Bradley Waugh and Ravin Gill were proceeded under criminal defamation) You have mentioned about Canada, they have two sets of Defamation Law, the other particular Defamation being Blasphemous Defamation that being punishable two years imprisonment.

The American laws of libel and torts are different in different states but mostly criminal. I will revert to this topic on hearing further from you. Thanks for this academic discussions.

Lets contemplate these 3 words:

Definition:
Opinion
opinion [əˈpɪnjən]
n
1. judgment or belief not founded on certainty or proof
2. the prevailing or popular feeling or view public opinion
3. evaluation, impression, or estimation of the value or worth of a person or thing
4. an evaluation or judgment given by an expert a medical opinion
5. (Law) the advice given by a barrister or counsel on a case submitted to him or her for a view on the legal points involved
a matter of opinion a point open to question
be of the opinion (that) to believe (that)
[via Old French from Latin opīniō belief, from opīnārī to think; see opine]
Collins English Dictionary – Complete and Unabridged 6th Edition 2003. © William Collins Sons & Co. Ltd 1979, 1986 © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003

Definition:
Analysis
The examination and evaluation of the relevant information to select the best course of action from among various alternatives.

Fair Comment
A comment made which though defamatory, is not actionable as it is an opinion on a matter of public interest.
A defence to a claim alleging defamatory remarks.

Gatley on Libel and Slander adopt the following words to describe fair comment:

“… a defence to an action of libel or slander that the words complained of are fair comment on a matter of public interest. The right of fair comment is one of the fundamental rights of free speech and writing .. and it is of vital importance to the rule of law on which we depend for our personal freedom. The right is a bulwark of free speech….

“There are matters on which the public has a legitimate interest or with which it is legitimately concerned and on such matters, it is desirable that all should be able to comment freely and even harshly, so long as they do so honestly and without malice.”

In the Law of Defamation in Canada, author R. Brown comprehensively sets the defence out as follows:

“Everyone is entitled to comment fairly on matters of public interest.

“Such comments are protected by a qualified privilege if they are found to be comments and not statements of fact, and are made honestly, and in good faith, about facts which are true on a matter of public interest.

“A comment is the subjective expression of opinion in the form of a deduction, inference, conclusion, criticism, judgment, remark or observation which is generally incapable of proof.

“In order to be fair, it must be shown that the facts upon which the comment is based are truly stated and that the comment is an honest expression of the publisher’s opinion relating to those facts. Where a comment imputes evil, base or corrupt motives to a person, it must be shown that such imputations are warranted by, and could reasonably be drawn from those facts.

“The comment must be made on a matter of public interest. It could be of public interest because of the importance of the person about whom the comment is made, or because of the event, occasion or circumstances that give rise to the opinion.

“The protection may be lost if it is shown that the comment was made maliciously, in the sense that it originated from some improper or indirect motive, or if there was no reasonable relationship between the comment that was made and the public interest that it was designed to serve.”

“… it is a defence to an action for libel or slander if the words used are fair comment on a matter of public interest.”

http://duhaime.org/LegalDictionary/F/FairComment.aspx

It may not be absurd, certainly not “the most absurd quote of William Shakespeare”.
Although one is entitled to dispute usage of a quotation.
Here’s the complete quote from Hamlet;

Act 1, Scene 3, Page 3

Original Text Modern Text

POLONIUS
Yet here, Laertes? Aboard, aboard, for shame!
The wind sits in the shoulder of your sail
And you are stayed for. There, my blessing with thee.
And these few precepts in thy memory
Look thou character.

“Give thy thoughts no tongue,”

Nor any unproportioned thought his act.
Be thou familiar but by no means vulgar.
Those friends thou hast, and their adoption tried,
Grapple them unto thy soul with hoops of steel,
But do not dull thy palm with entertainment
Of each new-hatched, unfledged comrade. Beware
Of entrance to a quarrel, but being in,
Bear ’t that th’ opposèd may beware of thee.
Give every man thy ear but few thy voice.
Take each man’s censure but reserve thy judgment.
Costly thy habit as thy purse can buy,
But not expressed in fancy—rich, not gaudy,
For the apparel oft proclaims the man,
And they in France of the best rank and station
Are of a most select and generous chief in that.
Neither a borrower nor a lender be,
For loan oft loses both itself and friend,
And borrowing dulls the edge of husbandry.
This above all: to thine own self be true,
And it must follow, as the night the day,
Thou canst not then be false to any man.
Farewell. My blessing season this in thee.
POLONIUS
The time invites you. Go. Your servants tend. POLONIUS
Now go, the time is right. Your servants are waiting.

85 LAERTES
Farewell, Ophelia, and remember well
What I have said to you.

http://nfs.sparknotes.com/hamlet/page_44.html

If the present government is not doing anything wise tell them the better alternatives. At least we can do this in a democratic environment. However, if his desire is back to heavy boots, well in this free world, every man has a right to own their personal opinion. Just keep in mind, another demon is getting powerful. Separatists are breathing hot.

The Title from Shakespeare’s Hamlet “Give thy thoughts no tongue” and conclusion “Let thy speech be better than silence, or be silent.” A quote from Halicarnassus the Greek Historian, (1) gives insight into a well-read mind. Sandwiched between is the beautiful articulation of the moral dilemma we, the people, have to live with helplessly as spectators!

The Free Dictionary defines the Government as;

1. The act or process of governing, especially the control and administration of public policy in a political unit.
2. The office, function, or authority of a governing individual or body.
3. Exercise of authority in a political unit; rule.
4. The agency or apparatus through which a governing individual or body functions and exercises authority.
5. A governing body or organization, as:
a. The ruling political party or coalition of political parties in a parliamentary system.
b. The cabinet in a parliamentary system.
c. The persons who make up a governing body.
6. A system or policy by which a political unit is governed.
7. Administration or management of an organization, business, or institution.
8. Political science.
9. Grammar The influence of a word over the morphological inflection of another word in a phrase or sentence. (2)

Where is Government in my country?

Even theoretically, do we have the leadership, cohesive institutions and, above all ability, to articulate the aspirations and expectations of the people’s will expressed through the ballot?

One may see abject absence of government or governance. Morality is an existential hazard that on occasion dictates one to retract, revise, regret or repent, albeit reluctantly.
Few Quotations on forgiveness and apology:
Hadith on Seeking Forgiveness
The Prophet Muhammad (peace be upon him) reported that the devil said to God: “I shall continue to lead Thy servants astray as long as their spirits are in their bodies.” And God replied: “(Then) I shall continue to pardon them as long as they ask My forgiveness.” - Al-Tirmidhi, Hadith 742

An apology is a good way to have the last word. ~Author Unknown

A stiff apology is a second insult…. The injured party does not want to be compensated because he has been wronged; he wants to be healed because he has been hurt. ~G.K. Chesterton

An apology is the superglue of life. It can repair just about anything. ~Lynn Johnston

Apologizing - a very desperate habit - one that is rarely cured.

Apology is only egotism wrong side out. ~Oliver Wendell Holmes, Sr.,
The Professor at the Breakfast-Table

Never ruin an apology with an excuse. ~Kimberly Johnson

True remorse is never just a regret over consequence; it is a regret over motive. ~Mignon McLaughlin, The Neurotic’s Notebook, 1960

(1) http://www.britannica.com/EBchecked/topic/164249/Dionysius-of-Halicarnassus

(2) http://www.thefreedictionary.com/governance