| 5 |
Are media and free speech protected? |
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5a:
In law, freedom of the media is guaranteed.
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| Score: |
YES |
NO |
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Comments: Freedom of the press has been one of the important phenomena of freedom of expression under the interim constitution of Nepal. Besides, there are other laws which grant freedom of the media. They are: (1) Citizens' Rights Act 1955, (2) Press and Publication Act 1991, (3) National Broadcast Act 1993, (4) Working Journalists Act 1995, (5) Press Council Act 1991, (6) Defamation Act 1959, (7) National News Service Act 1962, (8) Radio Act 1958, and (9) Gorkhapatra Corporation Act 1963.
References: Article 15 of the Interim Constitution specifically provides for "Right regarding Publication, Broadcasting and Press". The other relevant Articles are: (1) Article 12, Right to Freedom (2) Article 27, Right to Information (3) Article 23, Right to Religion (4) Article 28, Right to Privacy.
www.sambidhan.org
Peer Review Comments: Freedom of media has been guaranteed in the Interim Constitution of Nepal.
Peer Review Comments: Yes, I agree with the score, but these rights of the media cannot be seen as constitutionally practiced. All media houses are founded under political influence. Therefore, media cannot play the role defined in the constitution because of insecurity.
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5b:
In law, freedom of speech is guaranteed.
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| Score: |
YES |
NO |
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Comments: Freedom of speech is guaranteed as a fundamental right. As a result, Nepal has observed vibrant growth of media after the People's Movement in 1990. Since then Nepali media are contributing in three strategic components of anti-corruption drives preventing, analyzing and fighting. However, lack of training, poor professional standards, and the dearth of investment into investigative reporting make it difficult, and sometimes impossible, for journalists to access, impart or disseminate accurate information.
References: Freedom of Opinion and Expression [Article 12 (3) (A)], The Interim Constitution of Nepal 2007; Freedom of Thought and Speech [Section 6 (1)] and Personal Liberty [Section 12], Citizens' Right Act 1955
Peer Review Comments: I agree with the score, but it is still very suspicious, because Maoist killed many journalists and the media hasn't allowed issue-based news for the country and the people for political stability, transparency, accountable and good governance and also supremacy of law. In general, the media has found power-based news coverage instead of important issues. In addition, partiality and bias can be seen in many media. In case of national issues and foreign diplomacy, media can be found as failing in its constitutional role.
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| 6 |
Are citizens able to form print media entities? |
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6a:
In practice, the government does not create barriers to form a print media entity.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Unlike in the past royal regime, Nepalese media have been enjoying a lot of freedom as free press has been the prime agenda for both the Seven Party Alliance and the Nepal Communist Party Nepal (Maoists). As a result, a number of new media entities have emerged, especially after the reinstatement of the Legislative Parliament and the formation of the new government.
References: Based on the Interview with Mr. Uttam Niroula, a radio journalist working for Metro FM run by Kathmandu Metropolitan City.
Peer Review Comments: There is no barrier from the government side.
Peer Review Comments: On the basis of news media reports, the government's alliance has created such a barrier for publishing print media. For example, Maoist was Ministry of Information and Communication, but its labor wing and parliament disturbed Kantipur Publication. But there is no barrier for a new entity. However, the government hasn't given the security to the media.
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6b:
In law, where a print media license is necessary, there is an appeal mechanism if a license is denied or revoked.
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| Score: |
YES |
NO |
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Comments: The Appellate Court has the jurisdiction to hear such cases.
References: (1) Section 18, National Broadcast Act 1993 (2) Section 32, Press and Publication Act 1991
Peer Review Comments: Press Council Nepal, formed by the government, is another statutory body to hear such cases.
Peer Review Comments: Of course, it is necessary. Otherwise, malfunction and dysfunction will happen in media. Unhealthy and unfair competition will happen. In addition, media will come for anti-national interest. For media development, it is necessary.
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6c:
In practice, where necessary, citizens can obtain a print media license within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: No fixed time and standards are prescribed. A license may be obtained within one to three months depending on the media type. Citizens may have to encounter delays due to traditional bureaucratic procedures.
References: Media legislation
Peer Review Comments: In most cases, citizens can get a print media license within a week.
Peer Review Comments: It depends on administrative procedures. If you have political power, you get it within a day. If you give a bribe, you get it as soon as possible. Otherwise, it takes two months. It is very flexible.
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6d:
In practice, where necessary, citizens can obtain a print media license at a reasonable cost.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: A print media license can be obtained upon paying prescribed government fees.
References: Media legislation
Peer Review Comments: Citizens can obtain a print media licence at a reasonable cost.
Peer Review Comments: We can get print media licenses at a nominal cost.
Peer Review Comments: In this regard, it is based on the fee provisions in legislation. It is very logical and reasonable.
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| 7 |
Are citizens able to form broadcast (radio and TV) media entities? |
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7a:
In practice, the government does not create barriers to form a broadcast (radio and TV) media entity.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: A couple of new television stations have obtained their licenses recently. The new television channels, namely Sagarmatha Television and Avenues Television, have already started broadcasting. Similarly, a number of other new media, including Community FM radios have obtained licenses to operate. Furthermore, the government, with a view to facilitate the citizens' right to information, has exempted the hitherto imposed renewal fee of 500,000 rupees (US$7,933) for the commercial FM stations.
References: Media reports
Peer Review Comments: In democracy, there are visibly no barriers for a new entity. However, invisibly there is a barrier, because of corrupted politics and administration. Therefore, media groups have made a good relationship with the minister and secretary.
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7b:
In law, where a broadcast (radio and TV) media license is necessary, there is an appeal mechanism if a license is denied or revoked.
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| Score: |
YES |
NO |
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Comments: The Appellate Court hears the appeals.
References: Section 18, National Broadcast Act 1993
Peer Review Comments: Press Council Nepal, a statutory body also can hear such cases.
Peer Review Comments: Yes, it is an option, but in general, it is not listened to.
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7c:
In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: There are no fixed terms and standards. Obtaining a license may take from one to three months.
References: Media legislation
Peer Review Comments: The government is quite conservative in granting broadcast media licenses.
Peer Review Comments: I agree. It depends on your efforts for follow-up.
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7d:
In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license at a reasonable cost.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: The government grants the license after charging the fees.
References: Media legislation
Peer Review Comments: The fee is reasonable.
Peer Review Comments: A broadcast license is quite costly compared with a print license.
Peer Review Comments: Of course, because of legal provisions. In general, a group of people got it instead of individuals.
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| 8 |
Can citizens freely use the Internet? |
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8a:
In practice, the government does not prevent citizens from accessing content published online.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: No restriction as such is imposed so far on online content. However, only the urban population has access to the internet in Nepal.
References: Media legislation; Cyber Act 2006
Peer Review Comments: Of course, because the government has not such capacity and mechanism, although there is an act.
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8b:
In practice, the government does not censor citizens creating content online.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: The government does not generally censor the online content. Any material can be created and posted. Since there is no established mechanism of monitoring, cyber squatters may enjoy freedom in this regard. However, the law requires that only the contents which do not violate the law of the land and other prevalent laws shall be published in the Web.
The recently enacted Cyber Act 2006 restricts and controls the unlawful contents on the Web.
References: Based on the Interview with Advocate Anil Khanal, South-Asia Partnership (SAP) Nepal.
Peer Review Comments: The government doesn't censor online. Moreover, online content providers are getting much more freedom than necessary. One doesn't even need to register an online service to run it.
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| 9 |
Are the media able to report on corruption? |
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9a:
In law, it is legal to report accurate news even if it damages the reputation of a public figure.
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| Score: |
YES |
NO |
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Comments: In Nepal, no radio, television, Web site or other types of digital and electronic means, press or any other communication media shall be censored, closed, seized or cancelled the registration for printing and publishing any news items, articles, editorial, writings or other reading materials.
References: Article 15, The Interim Constitution of Nepal 2007 Section 4, Defamation Act 1959
Peer Review Comments: Of course, it is the constitutional role for making the government transparent and accountable. Therefore, the media has done it, but there is a risk element because of lack of supremacy of law and power separation among the constitutional bodies.
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9b:
In practice, the government or media owners/distribution groups do not encourage self-censorship of corruption-related stories.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: The government does not generally restrict the news items related to corruption. However, any corruption story which does not have a 'news value' or is related to the media owner herself/himself may not get aired/published. Hence a reporter may have to consider self-censorship just to avoid sanctions from the media houses.
References: Based on the Interview with Mr. Bijaya Poudel, a TV Journalist working for Kantipur Television.
Peer Review Comments: Some armed groups also discourage journalists to publish any items which are critical of them.
Peer Review Comments: Free media cannot be controlled by the government because of the constitutional provisions. However, media houses consider self-censorship until they have no reliable evidence. Otherwise, self-censorship is not required for professional development, good governance and supremacy of law.
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9c:
In practice, there is no prior government restraint (pre-publication censoring) on publishing corruption-related stories.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: The government can't prevent controversial, corruption-related materials on any legal basis. However, the media bias is so high in Nepal that the political figures in the government may influence media houses under the political pretext.
References: Based on the Interview with Mr. Kedar Subedi, senior journalist, reporting on anti-corruption and good governance.
Peer Review Comments: There is no pre-publication censorship from the government side.
Peer Review Comments: Corruption related publication is continuous for establishing the people's right to information. However, the media houses have good political ties. Therefore, they are biased. If they have a friendly political figure, they censor it. If not, they publish it. Therefore, it depends on give-and-take.
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| 10 |
Are the media credible sources of information? |
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10a:
In law, print media companies are required to disclose their ownership.
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| Score: |
YES |
NO |
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Comments: Because media organizations need mandatory registration, ownership should compulsorily be disclosed.
References: Press and Publication Act 1991 (Chapter 2, Section 3) Institution Registration Act, 1977
Peer Review Comments: It is needed for professional and accountable media. In addition, Nepalese media is restricted for FDI because of its sensitivity. However, it contradicts in practice.
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10b:
In law, broadcast (radio and TV) media companies are required to disclose their ownership.
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| Score: |
YES |
NO |
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Comments: The mandatory registration is the formal legal process.
References: National Broadcast Act 1993
Peer Review Comments: It is needed for controlling FDI and accountable media. In addition, it is required to stop media syndicates for free and competitive media.
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10c:
In practice, journalists and editors adhere to strict, professional practices in their reporting.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: The Press Council, which is mandated to monitor the code of conduct, is not independent because the chairperson is appointed by the executive. Many journalists in Nepal commonly profess the political ideology of one party or the other. Besides, remuneration and incentives being inadequate, many indulged in shady dealings against the code of conduct and their profession, thereby paving the way for yellow journalism.
A noted civil society activist in Nepal has this to say: "When a news items gets published in a newspaper about an alleged act of corruption, it is sometimes difficult to differentiate (1) if it is a professional media at work, (2) a ploy to defame a political adversary, (3) a proxy shot at an honest person on behalf of the media groups, or (4) even a notice of extortion."
References: Dr. D.R. Pandey, The Failed Development, p. 133 as cited in Narayan Manandhar's, "Corruption and Anti-corruption: Further Readings", Transparency International Nepal, 2005, p. 96.
Peer Review Comments: Many journalists and editors especially in broadsheet dailies adhere to strict professional practices in their reporting. Yellow journalism is mostly found in tabloids. Chairperson of the Press Council, though appointed by the executive, can't always be taken as the government's man because he is a journalist from an independent media. Independence varies from individuals to individuals. The government can't force the Press Council Chairperson to support the government's issues because he is not accountable to the government.
Peer Review Comments: Not so. However, it should be in accordance with journalism's code of conduct. In practice, they have an ethical problem because of their political affiliation. Naturally, they themselves restrict from their political ideology. Therefore, almost are not neutral and professional.
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10d:
In practice, during the most recent election, political parties or independent candidates received fair media coverage.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Major and popular media have persistent bias based upon their political ideology. Even the mainstream media are not free from bias, let alone the other weekly tabloids. Dristi, vernacular weekly, favors the NCP (UML) party, whereas Deshantar favors Nepali Congress. Others may support NCP (M) tomorrow. I think the two pillars of free media professionalism and impartiality still lack in Nepali media.
References: Based on the Interview with Mr. Kedar Subedi, senior journalist, who reports on good governance and corruption.
Peer Review Comments: After the restoration of democracy in 1990, media has become much professional. Although some tabloids are functioning as mouthpiece of some political parties, as mentioned in the score, national dailies; especially privately-owned try to maintain professionalism. However, it's a gradual process to see a complete professionalism and impartiality as the media has exercised its independence just for the past one decade.
Peer Review Comments: The Nepalese media is going toward professionalism day by day. Due to political instability, we have not held any elections in nine years, so our judgment may be unfair on this particular question.
Peer Review Comments: The media has worked out, but most news is not credible because of a lack of professionalism and impartiality. Daily news (outlets) are more credible than weekly papers.
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10e:
In practice, political parties and candidates have equitable access to state-owned media outlets.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Throughout the history, state-owned media have never been independent in Nepal. The ruling party in power has always misused the media so as to make them the government puppet. Since they are mostly monopolized, there is no question of having equitable access by the other political parties and independent candidates. Rather, it is a common practice that the state-owned media engage in discriminating and defaming the opposition.
References: Based on the Interview with Mr. Kumar Chudal, a high ranking official within the Nepalese Government.
Peer Review Comments: The government uses state-owned media to routinely discriminate against opposition candidates and parties. Additionally, in the case of the coalition government, a particular minister -- i.e., the communications minister -- misuses the media as far as possible. In the case of election advertisements, there is no practice of advertisement in the media.
Peer Review Comments: State-owned media is government controlled. Most news and views are about the government and government parties, because of a lack of independence. Therefore, opposition parties can rarely access it, although there is a equitable provisions. So professionalism of the state media is critical.
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| 11 |
Are journalists safe when investigating corruption? |
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11a:
In practice, in the past year, no journalists investigating corruption have been imprisoned.
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| Score: |
YES |
NO |
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Comments: Since the state atrocities against the press stopped after the establishment of Loktantra on April 24, 2006, there has been no reported case of imprisonment in the last year, particularly of journalists covering corruption. However, the problems that Nepalese journalists faced over the last year were different from the ones seen in the previous years. Atrocities were meted out to journalists and the press during the Terai movement which ensued immediately after the Janaandolan II. An example of Mahottari district (central Terai region) can be cited here. During the Terai movement, around 10 mass gatherings were held every day and at least 10 people addressed each gathering. Local radios were threatened if they did not give space to the speech of each speaker. Similarly, the press faced interference, attacks and threats during the movement of Janjati and other communities.
References: See Shiva Gaunle Nepali Press in Loktantra: New Situation, New Challenges in "Press Freedom: One Year of Loktantra" published by Federation of Nepalese Journalists, 2007 www.fnjnepal.org
"Media during Terai Uprising," a report (in Nepali) published by Freedom Forum www.freedomforum.org.np
Peer Review Comments: Maoist local leaders in Bara district abducted and killed Birendra Sah, a journalist in October 2007. Although Maoist leadership said the journalist was killed due to personal animosity, local reports said Sah was killed after he exposed the Maoists' involvement in timber smuggling in the district.
Peer Review Comments: In history, it is not found in news because of a lack of practice of investigating corruption.
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11b:
In practice, in the past year, no journalists investigating corruption have been physically harmed.
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| Score: |
YES |
NO |
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Comments: There are no such reports available. Many other journalists, however, were intimidated, threatened and tortured by different agitating communities, especially in the Terai region.
References: Press Freedom: One Year of Loktantra (Press Freedom Situation from Feb. 1, 2006 to April 24, 2006), Federation of Nepalese Journalists, May 2007 www.fnjnepal.org
Peer Review Comments: Journalist Birendra Sah was abducted and killed by the Maoists in Bara district in October this year.
Peer Review Comments: Few reports are found. In these reports, I cannot find it. Therefore, corruption is socialized in Nepal.
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11c:
In practice, in the past year, no journalists investigating corruption have been killed.
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| Score: |
YES |
NO |
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Comments: There are no documented cases available.
References: Press Freedom: One Year of Loktantra (Press Freedom Situation from Feb. 1, 2006 to April 24, 2006), Federation of Nepalese Journalists, May 2007 www.fnjnepal.org
Peer Review Comments: Journalist Birendra Sah of Bara district was killed by Maoists in October 2007.
Peer Review Comments: It is not reported yet. When investigative journalism is developed, it will be possible.
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