Wednesday, November 22, 2006

National

Lal Deosa Rai

General Observations

Nepal is in a critical phase of a political revolution that has gripped the country since a decade and a half. During this period one conflict upon another hit the country and at present the country is passing through the fifth phase of the conflict, and it is only a matter of speculations as to who, how, why it will be resolved when. The first conflict, namely, The Janaandolan I of 1990 was a form of political conflict that culminated in establishing a constitutional system based on the tripod of multiparty democracy, constitutional monarchy, and promotion and protection of human rights. The second was the break-up of the Communist Party in Nepal and the eventual formation of the Maoist as an insurgent faction. This was then a result of commonly known political phenomenon in the country; but now we are beginning to see that it was not an ordinary case of factional politics but a genesis of a revolutionary political force that had the potential to create an unprecedented political conflict leaving a trail of unspeakable human sufferings and, more tragically, a loss of nearly 20 000 lives. The third conflict was the imposition of a state of emergence on 26 November 2001 accompanied by the promulgation of the Terrorist and Disruptive Activities (Prevention and Control) Ordinance, 2001. It created an authoritarian hiatus in the decade-long multiparty democratic process that was modified by the factor of insurgency. The fourth was the royal take-over on February 1, 2005 which was yet another form of conflict with regressive features in the context of derailed parliamentary system. The fifth was the Jan Andolan II backed up by the overground Maoists. It created a massive revolutionary movement of the people that eventually restored the derailed parliamentary democracy.

If we conceptualize the conflict in Nepal in these perspectives then we correlate the relevant conflict data to the variables of the media policies to arrive at the well-researched conclusions to support the impact thesis. Generally speaking, all political conflicts do have one or the other kind of impacts, say, for instance, on the economic growth rate, and the media policies could hardly remain immune from such impacts simply because the structure, behaviour and performances of the media not only mirror the political-economic, technological and cultural conditions of a society but, inversely, the media have the power also, though limited, to mould the society.

But no systematic, well-organized research generated data are available at present which could be used to make a reliable and verifiable professional study of these types of impacts. This however does not mean there was no attempt to initiate such studies. More than a decade ago, spurred on by the Jan Andolan of 1990, Institute for Integrated Development Studies undertook a comprehensive country study on mass media and democratization in 1993 -1996, which now provides a baseline for the studies of media in Nepal. In regard to the media policy planning it has come to the conclusion that communication policies though in existence are not functional mainly because they are not planned taking into considerations the various sources of the national and local impacts, It has also cautioned that “the consequences of not doing so could be enormous.” Apart from this study there are very few studies of Nepali media policies in conflict impact perspectives.

For a scientific study of the conflict impact on media policies, it is essential to distinguish its short- term and long-term “effects” .Certain conflict variables may cause some short-term effects but some s may create deep impacts beyond the limit of conceivable time and space. Impacts have to be identified scientifically.

Limitation and Hypothesis

As things stand today in Nepal, we have no fair idea of the conflict sources and indicators which played or are playing direct or catalytic role to trigger conflicts that would impact on the media policies. “ Though Nepal is facing severe political conflicts since eight years there are only little works have been done to devise appropriate methods or use the proven methods of conflict analysis and impact assessment( CAIA) in reference to development projects and programmes”, observes Bishnu Raj Upreti, a well-known conflict management scholar and writer of Nepal.(1).

Under the circumstances we can only surmise the effects of the conflicts on the series of policy changes that occurred at different points of time.

Specifically, the effect analysis will attempt to answer the following questions:

Did the policy-makers feel to make the media more professional? If so, what steps were taken to deal with which situation

Conflict issues were not fairly and freely reported; many issues were marginalized? Why-because of political pressures, owing to lack of professionalism, or sheer inability to grasp the gravity of the situation?

How are policy-makers were involved in correcting such deviations?

How effective were the existing policies?

How did the policies impacted on domestic/foreign media, commonly or separately?

The hypothesis is that the socio-political and cultural environment created by the conflicts influenced the national institutions including the mass media, and so the government accordingly adopted the media policies to meet indirectly the challenges thrown up by the conflicts. To examine this tentative hypothesis a brief background study of media policy-making in Nepal is called for.

Historical Perspective

It may be observed here that the past one and a half decade witnessed so rapid a change in the government heads that more or less there was one new Prime Minister for every year. Bharat D Koirala observes “In 1991, following the promulgation of the Constitution, the government appointed a task force to bring about improvements in the communication sector. However, many of its recommendations) failed to materialize because of frequent changes in government.” (Handbook of The Media in Asia)

But, despite the intensity of political instability, there were two major media policies were adopted within the framework of the Constitution of 2057 BS (1990AD). One was the New Communication Policy of 1992 which marked a departure from the three decades of the communication policies of the Panchayat System. The second was The Long–term Information and Communication Policy of 2002 which was declared to recognize the media in Nepal as an industrial institution and to orient them towards the philosophy of political economy and participatory democracy as endorsed by the Ninth Plan in coherence with the Millennium Development Goals of poverty alleviation, This policy still prevails for it has not be repudiated by the present government.

Currently we have a history of a set of four national media policies adopted in 1992, 2001, 2002 and 2005, by the post-Jan Andolan I governments and by the direct rule of King Gyanendra. Indeed, with the democratically elected government in place, Nepal in the 1990s was set on the course of the institutional development of a mixed media structure based on the new constitutional framework. The state-owned broadcasting as well as publishing systems continued to exist and develop under the protective umbrella of the State, but the Nepalese entrepreneurs very boldly entered the untrodden field of the competitive media market being encouraged by the liberal democratic media environment. By the mid 1990s dramatic changes in the Nepali media scenario began to shape up with the development of competitive rivalries not only among the market- driven mainstream broadsheets, but between them and the dailies of the state-owned Gorkhapatra Corporation. Similarly, the field of state broadcasting system began to show signs of unprecedented changes. The National Communication Policy clearly laid down that not only the national broadcasting system will be expanded in .participation of the private sector and the potential foreign broadcasters with educational and entertainment programmes. But, at the same time, the concept of community broadcasting policy was adopted to allow the organized private sector to use the Frequency Modulation band for broadcasting educational and entertainment programs in a specified area under the provision of a new Broadcasting Act 2049 (AD 1992). New Media like the Internet began to increasingly influence the media business and the practice of journalism. In fact, by the mid-‘90s the newspapers began to launch their own websites and e-mail service marking the dawn of the new era of Communication Revolution over the Nepali horizon. Radio Nepal launched the country’s first FM broadcasting channel for commercial purpose and leased out airtime (17 hrs daily) to six private parties on a rental basis. The change in the style of ministerial nomenclature from the Ministry of Communication to the Ministry of Information and Broadcasting anticipated the potential impact of IT and satellite communication on the traditional Nepalese media institution.

Political Analysis

On the basis of the media policy-making history it may be argued that the national policy-makers in the country were not indifferent to the need of providing media policy guidelines in accordance with the constitutional and legal provisions, and in response to the prevailing national situations in the country. It is equally valid to argue that the media policies reflect or bear the imprint of the social and political conditions or crises of a country.

The restoration of democracy following the Janaandolan in 1990, gave a fresh and potential impetus to the development of media policy. A new awareness about the possibility of media as an industrial venture, a mix of public service and sound profit–earning motivation, and a style of multiparty democratic participation in mass communication process characterized the thrust of this impetus. In keeping with the aspirations of the people, the fundamental law- The Constitution of the Kingdom of Nepal 2047(1990) - was enacted in 1990 to translate the concept of the Rule of Law into a living reality in Nepal. The constitutional media provisions which guarantee freedom of the Press was followed up by the new enactments and appropriate policies like The Press and Publication Act 1992, The Press Council Act 1992,The Communications Policy 1992, The National Broadcasting Act 1993, The Working Journalists Act 1994.These enactments and policies reflected the new national policy for protection ,promotion and prioritization of Nepali media concerns in conformity to the provisions of the new Constitution. But scientific studies to determine the impact of the conflicts upon these constitutional provisions and laws and policies they generate are lacking in Nepal.

The Maoist Insurgency

But by the mid 1990s a new conflict situation- the Maoist insurgency- developed and it began to raise a number of issues and problems pertaining to the media policy. However, the media policy of 1992 did not change, both in form and in substance, with the frequency of changes in government, averaging one new Prime Minister per one year. By hindsight, it was unfortunate that the Maoist insurgency in its incipient stage was treated as a fly in the ointment of the post-Janandolan power politics

Focus of the Study

Against the background of these political changes it is possible to study a variety of impacts felt at different sectors of the national policy area. This paper however focuses on the impacts on the media sector only. The basic question which this paper proposes to answer is what changes in the media policies were effected by the conflict situations in the country.

The major media policy which guided the national media structures and behaviour and culture through the 1990s was known as the New Communication Policy of 1992 (BS 2049 (AD 1992, which was adopted on 17 September 1992 by the new government, that was installed with popular mandate after the General Election of 1991.The policy embraced all the media institutions and organizations in the country.

The Media Policy of 1992

The New Communication Policy 2049(1992) was formulated by the government taking into consideration all the suggestions and viewpoints offered by the communication specialists, scholars, academics and consumers of media products and also in keeping with the spirit and letter of the democratic Constitution. So far as the impact or effectiveness of this Policy is concerned it is already observed that neither there is a well-organized scientific media policy research nor it is possible to collect the media impact data in a given time for writing of this paper.

Impact

However, it can be argued that the new Media Policy, which came into being after the Jana Andolan I, dominated the media structure, behaviour and culture in Nepal for one decade, despite the massive conflict situation created by the insurgency of the Maoists after 1995.The integration of the structures of the radio and the television into one authority, and liberalization in electronic media production and private sector participation in sharing of broadcast time, provision for sharing of advertisement subsidy by the public and private print media, recognition of publishing house as industry and provision for legal protection rights of the working journalists are the highlights of this policy which indicated the multiparty government’s policy commitments for democratization of the media within the framework of liberal democracy. We can interpret this phenomenon of media policy as the outcome of the conflict represented by the Jan Andolan I.These specific policies reflect the media institutions’ demands voiced through the decade. In fact these policies were executed to be seen in reality. The emergence of the big media houses and the cable operators, and proliferation of the print media, were for instance the outcomes of this policy which in its turn reflected the conflict of 1990.

Print Media

The rationale for this media policy clearly stated that in view of the guarantee of the right to information provided by the New Constitution of 1990 the media should be made more credible and effective, and new technology-aided media should be made available in participation of the private sector. Under the new print media policy any Nepali citizen could publish newspapers in any national language of Nepal; the print media was recognized as an industry, private print media should be developed as self-reliant in economic and material terms; newsprints should be made available easily and at reasonable price to all eligible newspapers; and an environment for making advertisements available should be created; the right to gather freely information for news should be provided; an Act to provide for the rights and benefits of the working journalists should be formulated.

The Electronic Media

The electronic media policy was to establish a single national broadcasting system within the framework of the renamed Ministry of Information and Communications; to float the shares of the state owned news agency(RSS) and the Gorkhapatra Sansthan in the market; to propose a new broadcasting law ; to develop regional broadcasting system provide for regional languages broadcast programs; to encourage private sector participation in production of programmes as well as in sharing of broadcasting time of both radio and television programmes; to provide time to the foreign media for broadcasting their educational and entertainment programmes on the basis of fixed criteria; to allow organized private media to establish FM broadcasting system for educational and entertainment programmes; to cooperate in extending radio and television systems in the country.

The policy also covers the matters of structural reforms of public communication system and news reporting practices.

Working Journalists Act 1994

In response to the issues of working journalists and also sensing the gravity of the labour situation in the context of Maoist insurgency, the government enacted, after five years of active considerations, a law, entitled Shramajivi Patrakar Ain 2051(AD 1994), which came into force immediately. As we see it today this Act anticipated the problems of labour movements in the context of political instability and radicalization of the party politics in the country, which has now become a reality.

The Media Policy of 2002

This is predicated on the assumption that information and communication as an indispensable infra-structure plays a vital role in all-round development of the country that is enveloped in an open, liberal and competitive environment. Apparently, in conformity to the major thrusts of the Ninth Five Year Plan (1997--2002) and with a view to guide the Tenth Plan media sector plan programmes and strategies, the long- term media policy was for the first time linked to the main national challenge of rural development and poverty alleviation. It recognized the significance of communication in human society in general and developing society like Nepal in particular. This long-term policy, which is still alive, has been instrumental in making available the communication facilities in the rural areas which may go a long way in eradicating poverty and social backwardness.

The highlights of the Policy

The information and communication structures and institutions will be extended to the rural area by using new technologies on a coordinated and competitive basis ; the Department of Information of His Majesty’s Government will be developed into a media centre to facilitate the information flow; private sector will be involved in the operation of the Gorkhapatra Sansthan with a view to stimulating competition in the private sector; private sector will be involved in the management of national news agency (RSS) by strengthening and diversifying its news service; services of radio, television and the Internet systems will be extended proportionately on a countrywide basis by establishing an administrative unit ; a national standard controlling authority for broadcasting systems will be established; advertising business will be developed as a national industry and will be encouraged to contribute to the national economy. It also emphasizes that the public media sector should be operationalized professionally to contribute to the national economic goals with a thrust of self-reliance and in partnership with the private sector.

Text courtesy: Excerpts from the author's paper presented at a NEFAS Seminar held recently in Kathmandu-ed.