Right to information is an important prerequisite of a liberal democratic form of government. Without this right, democracy becomes a label without meaning and a form without substance. It is, therefore, the lifeblood of democracy. The right to information is necessary for individual fulfilment. It is necessary to make a good citizen; to participate into the governing process; to make wise judgment; to maintain human dignity and to uphold democratic process. It empowers the people; makes them responsible citizens; fosters human rights and helps create a just society by preventing clandestine transactions. It does not support only those who are educated, rich and capable of using the right. It also helps the uneducated and incompetent to be educated and competent. It bridges the gap between the haves and have-nots. It is a means of empowerment and a tool for sustainable development and good governance. Therefore, it favours glasnost in governmental decision making and supports the principles of accountability, transparency and positive change.

The right to information in Nepal is protected as a fundamental right. As such, it holds a special status. Ordinary laws cannot change it. The right to information is guaranteed not only by Article 16 of the constitution. Several other articles of the constitution give life to it. The preamble, which determines the spirit of the constitution, enshrines the philosophy of open government. People’s sovereignty is the core value of the right to information that the constitution explicitly enshrines. Likewise, the democratic form of government designed by the constitution and the right to information are closely intertwined. The fundamental rights, other than the right to information, implicitly recognise the need of the right to information to exercise those rights.

The freedom of opinion and expression is another aspect of the right to information. The right to information cannot serve its purpose without the right to hold opinion and the right to impart information. It is possible through freedom of opinion and expression guaranteed under Article 12(2)(a) of the constitution. Likewise, the press and publication right serves some purposes of the right to information. The cultural and educational right is also necessary pre-condition for the meaningful exercise of this right. These are tips of the vast iceberg. Media plays vital role for the implementation of the right to information.

Being an intermediary between the people and the authorities, the media makes democratic governance real and effective. It informs, educates and entertains the people. As the fourth estate, the media is responsible to help build the nation, to implement the objectives of the constitution and to report the people about how these organs of the state are functioning. It is, therefore, the surrogate of the people. The freedom it enjoys under the constitution is for and on behalf of Nepalese society. It is not the freedom only of the owner or the editor or the producer. Freedom of the media is to be used for the benefit of the people. The media in Nepal has been roughly divided into two categories: the print and broadcast media. As far as the print media is concerned, the press enjoys several rights and freedoms under the constitution and the law. The right to freedom of opinion and expression under the Article 12(2)(a), the freedom of press and publication right under the Article 13(1)(2) and the right to information under the Article 16 of the constitution are the foundation of press freedom in Nepal. The Press and Publication Act also provides the press institutional independence.

The legal status of press seems very strong in Nepal. Though it is independent and strong in its status, it is dependent in various ways. There are newspapers run by the government as well as by the private individuals and groups. The government-owned press is more beneficial in getting advertisements and newsgathering. The government provides advertisements to its own papers. The National News Agency is the only authorised agency in the country to collect and sell the information from within and outside the country, which is owned and controlled by the government. Though some policies have been formulated to overcome these problems, they have not been implemented properly. Without removing hindrances to the free flow of information, the press cannot stand independently. On the one hand, the press is not treated fairly by the government. On the other, it has its own problems. The press is urban centered, elite oriented and highly politicised. There is imbalance in access to information; community media is not well developed; quality of the press is very low; press has become lap dog instead of watchdog.

As the right to information act is necessary to provide effective access over information, a bill to meet the present need has been drafted by the Nepal Press Institute, which is being considered by the government. The bill provides right to access over official documents subject to specific exemptions. Under the draft bill, the public authority is obliged to justify any refusal of information. The reason for this is that a system that continues to be based on discretion will not bring any fundamental change. On the contrary, political advantage and administrative convenience will prevail. The right to information also involves defining information, providing the means to identify it, establishing the method of asking for it and an independent adjudicator in cases of refusal. All of these difficult problems can be solved by defining information in clear terms, by requiring public authority to maintain index and catalogues of their documents and information, by requiring applicants to specify in writing what they want to see and the public information officer to furnish reasons for refusals to grant access within a specified time and by providing for internal review by the head of department and an ultimate appeal to the courts. There are, of course, many other important points of details such as the treatment of computer-based records, the obligation of public authority to publish administrative codes, structures, protection for civil servants for actions done in good faith and overriding clause.