Nepal’s laws and regulations have restrictive provisions that affect freedom of expression restricting press and civil society, CMR-Nepal’s research reports have pointed out.
Since the launch of the federal system of governance, the laws and bills at the federal, provincial, and local levels continue to threaten free speech, the reports conclude.
CMR-Nepal released four reports amidst a program on December 29. The released reports are: Sanchuchanma Press (Press in Restriction), Dababma Nagarik Samaj (Civil Society Under Pressure), Press Tatha Nagarik Swotantrata Suchakanka (Press and Civil Liberty Indicators) and Media Coverage of Nepali Labor Migrants During Covid-19 Pandemic.
The first two reports highlight that such restrictive provisions in the law can be misused by the three levels of government to affect the freedom of the press and expression at any time if it intends to so.
According to the reports, 14 policies have been passed at the federal and provincial levels. Local governments have also passed laws to regulate FM radio stations under 100 watts. At the federal level, the only law to regulate advertising was passed in the parliament.
Other bills, Media Council, Public Service Broadcasting, and Information Technology did not get positive nodes because of restrictive provisions and continued pressure from the media stakeholders. The draft of the Mass Communication Bill was prepared but was not submitted to the Parliament.
The Constitution of Nepal guarantees freedom of press and expression, but media-related laws and bills contain provisions that can revoke the license, ban broadcasting, and cancel the registration. In the same way, provisions for publishing a report only after examining the content, provision of directives on what to publish and what not to, and provisions of fines and imprisonment could easily be misused by the ones in government.
The reports suggests that the making of media policies should be based on extensive consultation with the relevant stakeholders that meet and upholds the spirit of the constitution.
The Press and Civil Liberty Indicator 2079 is based on the perception survey result of experts, journalists, and civil society activists in all seven provinces of Nepal. The report shows there is little interference from the state in the freedom of speech of media, social organizations, and social workers. The report also showed that the federal government seems to be a bit strict towards social organizations than the media.
Speaking at the program, Professor of Journalism P. Kharel said that since the preamble of the constitution mentions ‘complete press freedom,’ provisions that conflict with the constitution will automatically be void. Kharel favored the operation of media by the government in Nepal because of the partisan line among the media houses and journalists.
Press Council Nepal’s Chairperson, Bal Krishna Basnet shared his experience working in the office- where he found that the government had little interest in the development of media, which is evidenced through budgetary allocation, which is very less. He was also of the understanding about the tendency of controlling the press by the ones in power.
Senior Vice President of the Federation of Nepalese Journalists, Ramesh Bista, said that laws were made in Nepal without consulting with stakeholders. He also pointed out the need to be cautious whether media-related law making contravenes and conflicts with the essence and spirit of the Constitution.
President of Sancharika Samuha Bimala Tumkhewa emphasized the need to make laws that facilitate the press rather than restrict it.
All the publications are downloadable at the CMR-Nepal’s website.