FORUM (Spotlight Weekly)

Press Freedom Undermined By Systematic Infringement

By SHOBHAKAR BUDHATHOKI

The Constitution of the Kingdom of Nepal 1990 has enshrined the fundamental rights of the citizen and accepted press freedom as a basic tool of democracy. The government has recognized the press as the fourth organ of the state. Parliament has enacted the Press and Publication Act and enforced its regulations and introduced the Working Journalists Act. Nepal is state party of Universal Declaration of Human Rights and International Covenant on Civil and Political Rights.

In principle, the government is committed to the protection and promotion of press freedom and freedom of expression. But journalists and media workers are also facing obstacles from the government, civil society, administration, political parties, police and Maoist rebels. On the other hand, some media professionals are violating their code of conduct and have misused press freedom.

Investment in the print and electronic media is growing especially because of the growing involvement of the private sector. The number of daily and weekly newspapers is increasing. There were 1,536 newspapers registered as a daily, weekly, half weekly, fortnightly and monthly last fiscal year. This year Nepal Samacharpatra started publishing its eastern regional edition from Biratanagar and Kantipur is set to do soon.

Public participation is increasing in the electronic media through commercial and community radio. The establishment of community radio, in particular, has been instrumental in raising public awareness. There are seven FM stations — Radio Sagarmatha, Kantipur, Classic, KATH, HBC, Hits and Metro — in Kathmandu that carrying entertainment and other programs. Several FM stations are already in operation outside Kathmandu such as Koshi (Biratanagar), Hetauda (Manakamana), Lumbini (Butwal), Madanpokhara (Palpa) and Machhapuchhre (Pokhara). Recently, another FM station, Swargadwari, received a license to operate from Dang. Several groups have applied for community radio licenses.

State-owned Nepal Television (NTV) plans to begin satellite broadcasting from mid-June. The private-sector Space Time Network (STN) planned to transmit "Nepal Channel" via satellite to 52 countries from the Nepali New Year (Baisakh 1, 2058). However, the government is blocking STN’s plan citing administrative procedures. State-controlled Radio Nepal is taking new steps to provide more effective service and plans to operate FM stations in different parts of the country. But NTV and Radio Nepal are also under heavy political influence, often broadcasting news to mobilize support for the government and the ruling party.

The audience granted by the Crown Prince to top journalists, the release of Janadesh editor Krishna Sen under a Supreme Court order after 22 month in detention, moves to establish the Information Technology Park and the decision to encourage the private sector in television are positive developments. Efforts to build a Media Village, the establishment of a computerized newsroom in Radio Nepal, the setting of the Remuneration and Compensation Panel, the commitment against censorship expressed by newly appointed Minister for Information and Communication Shiva Raj Joshi and the introduction of proportionate advertisement policy were also laudable actions.

Among the negative features of the year were the restrictions imposed by Royal Security personnel on private-sector photo journalists trying to take pictures during two programs inaugurated by His Majesty King and Prime Minister Girija Prasad Koirala’s complaint against the emergence of "tycoon" journalism (referring to private publication houses). Similarly, allegations of news published under the influence of Maoist rebels, the new requirement to submit an application to get information and the failure to provide compensation for a journalist injured by the chief justice’s official car were discouraging aspects.

Media workers found themselves working under several restrictions. Milan Nepali, former managing editor of Janadesh weekly, has been missing for two years from police custody. Amar Bahadur Budha, also associated with Janadesh weekly, was arrested in Udayapur in April 1999 for alleged links with the Maoist movement and is in detention in Dang jail.

Central Council Member of the Federation of Nepalese Journalist (FNJ) Kumar Ojha was arrested in Panchthar, Kapil Rimal, a member of Nepal Press Union (NPU), Nuwakot and a reporter for Radio Sagarmatha and Janabhabana Weekly in Nuwakot, and Rajendra Aryal of Hakahaki Radio magazine in Kathmandu were detained for a few hours while they were on assignment.

The administration has taken action against journalists. The management of Gorkhapatra Corporation suspended a sub-editor of state-owned Gorkhapatra, Ram Prasad Acharya, for publishing a statement of a Maoist leader. The order was subsequently withdrawn. The Ministry of Information and Communication instructed private FM stations not to broadcast news based on their own reporting and sources and required them to seek a week in advance permission to broadcast current affairs programs.

The government has attempted to amend laws to restrict press freedom Regional Police Offices have restricted reporters’ access to information, directing them to headquarters. The administration questioned the managing director of Space Time daily, Jamim Shah, about the "Hrithik Roshan episode" and the chief district officer in Panchthar refused to register a newspaper.

Police blocked reporters from entering Maoist affected districts, although news coverage of the insurgency continues. NTV banned a song titled "Dirty Kathmandu". The government banned movies featuring Hrithik Roshan after last December’s riots. The government finally gave its permission to screen "Aago" (Fire), a movie that was banned early last year. Police confiscated copies of Deshanter weekly in Kapilbastu, Yugabodh daily in Dang and Abichal weekly in Birgunj.

Media workers are experiencing threats from political parties, civil society, administration, police and Maoist rebels. During the year in review, 34 journalists were attacked. Among them, Mohan Bhandary, council member of the FNJ and reporter of Deshantar weekly, and J. Pandey, Kantipur reporter based in Nepalgunj, were attacked by police. The activities of journalists and human rights activists were curbed under the direction of vice-chairman of Matigada village development committee in Saptari district. Several journalists were attacked under orders from political leaders.

Dharma Dahal of Kantipur Diary weekly was abducted. Maoist rebels attacked and injured Megh Raj Bhatta, chairman of Nepal Press Union, Pyuthan, and correspondent of National News Agency (RSS) and Bhimnidhi Hamal, a reporter of Space Time daily. The rebels looted communication equipment provided by WorldView International in Bhalche VDC.

Nine journalists received threats. Among them were Dipendra Chauhan, secretary of FNJ Birgunj and reporter of Bimarsha weekly (who was threatened by Minister of Science and Technology Surendra Chaudhari), Gopal Thapaliya, chief editor, and Ganesh Basnet, reporter of Chhalphal weekly, Suresh Acharya, chief editor of Tarun weekly and central president of FNJ, and Parasu Ghimire, publisher of Tarun weekly.

Legal redress is considered vital for the protection and promotion of press freedom and freedom of expression. But it is very difficult to achieve justice because of delays in the justice system. Some news cases were filed against media workers and newspapers and some pending cases, mainly related to defamation, were finalized. Among them, the case against the verdict of Kathmandu District Court filed by K.P. Gautam and others are yet to be finalized. A case has been filed against "Birkhe" cartoon published in Gorkhapatra daily on the charge defamation of the court. The case filed by Raghu Mainali against the government’s directive to FM radio stations is seen as a major legal action of the year.

(Budhathoki, general secretary of the Center for Human Rights and Democratic Studies, was the coordinator of the "Status of Press Freedom and Freedom of Expression in Nepal Annual Report 2001" on which this article is based)