Federation of Nepalese Journalists (FNJ)

Interim constitution guarantees press freedom

The Interim Constitution 2007 of Nepal, under its preamble, has expressed commitment to "full freedom of press, independent of judiciary and concept of rule of law."

The Interim Constitution guarantees freedom of expression to every citizen under Fundamental Rights in Part 3.
Article 12 (3) (a) freedom of opinion and expression
b. freedom to assemble peaceable and without arms
c. freedom to form political party or organizations
d. freedom to form unions and associations
Provided that,
Nothing in sub-clause (a)shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignity and intgrity of Nepal, or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes, religion or communities, or on any act of defamation, contempt of court or incitement to an offence; or on any act which may be contrary to decent public behavior or morality.

Similarly, the Interim Constitution under Article 15 has guaranteed the following publication, broadcasting and press rights:

15. Right Regarding Publication, Broadcasting and Press: (1) No publication and broadcasting or printing of any news items, editorial, article, writings or other readings, audio-visual materials, by any means including electronic publication, braodcasting and press, shall be censored.

Provided that nothing shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignity or integrity of Nepal, or which may jeopardise the harmonious relations subsisting among the peoples of various castes, tribes or communities; or on any act of sedition, defamation, contempt of court or incitement to an offence; or on any act which may be contrary to decent public behaviour or morality.

(2) No radio, television, online or any other types of digital or electronic means, press or any other communication media shall be closed, seized or be cancelled the registration because of publishing and bradcasting or printing any material by such mens of audio, audio-visual or electronic equipments.

(3) No newspaper, periodical or press shall be closed, seized or be cancelled the registration for printing and publishing any news items, articles, editorial, writings or other reading materials.

(4) No communication means including press, electronic broadcasting and telephone shall be obstructed except in accordance with law.

27. Right to Information: (1) Every citizen shall have the right to demand or obtain information on any matters of his/her own or of public importance.

Provided that nothing shall compel any person to provide information on any matter about which secrecy is to be maintained by law.

28. Right to privacy: (1) Except on the circumstance as provided by law, the privacy of the person, residence, property, document, statistics, correspondence and character of anyone is inviolable.

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(Previous Constitution)
The Constitution of the Kingdom of Nepal 1990 provides for the following fundamental rights and press freedom:-

PART 3

FUNDAMENTAL RIGHTS

11. Right to Equality:

(1) All citizens shall be equal before the law. No person shall be denied the equal protection of the laws.

(2) No discrimination shall be made against any citizen in the application of general laws on grounds of religion (dharma), race (varya), sex (linga), caste (jât), tribe (jâti) or ideological conviction (vaicârik) or any of these.

(3) The State shall not discriminate among citizens on grounds of religion, race, sex, caste, tribe, or ideological conviction or any of these.

Provided that special provisions may be made by law for the protection and advancement of the interests of women, children, the aged or those who are physically or mentally incapacitated or those who belong to a class which is economically, socially or educationally backward.

(4) No person shall, on the basis of caste, be discriminated against as untouchable, be denied access to any public place, or be deprived of the use of public utilities. Any contravention of this provision shall be punishable by law.

(5) No discrimination in regard to remuneration shall be made between men and women for the same work.

12. Right to Freedom:

(1) No person shall be deprived of his personal liberty save in accordance with law, and no law shall be made which provides for capital punishment.

(2) All citizens shall have the following freedoms:

(a) freedom of opinion and expression;

(b) freedom to assemble peaceably and without arms;

(d) freedom to move throughout the Kingdom and reside in any part thereof; and

(e) freedom to practise any profession, or to carry on any occupation, industry, or trade.

Provided that -

(1) nothing in sub-clause (a) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of the Kingdom of Nepal, or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities, or on any act of sedition, defamation, contempt of court or incitement to an offence; or on any act which may be contrary to decent public behaviour or morality;

(2) nothing in sub-clause (b) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty, integrity or law and order situation of the Kingdom of Nepal;

(3) nothing in sub-clause (c) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of the Kingdom of Nepal, which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities, which may instigate violence, or which may be contrary to public morality;

(4) nothing in sub-clause (d) shall be deemed to prevent the making of laws which are in the interest of the general public, or which are made to impose reasonable restrictions on any act which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities;

(5) nothing in sub-clause (e) shall be deemed to prevent the making of laws to impose restriction on any act which may be contrary to public health or morality, to confer on the State the exclusive right to undertake specified industries, businesses or services; or to impose any condition or qualification for carrying on any industry, trade, profession or occupation.

13. Press and Publication Right:

(1) No news item, article or any other reading material shall be censored.

Provided that nothing shall prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of the Kingdom of Nepal, or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities; or on any act of sedition, defamation, contempt of court or incitement to an offence; or on any act against which may be contrary to decent public behaviour or morality.

(2) No press shall be closed or seized for printing any news item, article or other reading material.

(3) The registration of a newspaper or periodical shall not be canceled merely for publishing any news item, article or other reading material.

14. Right Regarding Criminal Justice:

(1) No person shall be punished for an act which was not punishable by law when the act was committed, nor shall any person be subjected to a punishment greater than that prescribed by the law in force at the time of the commission of the offence.

(2) No person shall be prosecuted or punished for the same offence in a court of law more than once.

(3) No person accused of any offence shall be compelled to be a witness against himself.

(4) No person who is detained during investigation or for trial or for any other reason shall be subjected to physical or mental torture, nor shall be given any cruel, inhuman or degrading treatment. Any person so treated shall be compensated in a manner as determined by law.

(5) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall be denied the right to consult and be defended by a legal practitioner of his choice.

Explanation: For the purpose of this clause, the words "legal practitioner" shall mean any person who is authorised by law to represent any person in any court.

(6) Every person who is arrested and detained in custody shall be produced before a judicial authority within a period of twenty-four hours after such arrest, excluding the time necessary for the journey from the place of arrest to such authority, and no such person shall be detained in custody beyond the said period except on the order of such authority.

(7) Nothing in clauses (5) and (6) shall apply to a citizen of an enemy state, and nothing in clause (6) shall apply to any person who is arrested or detained under any law providing for preventive detention.

15. Right against Preventive Detention:

(1) No person shall be held under preventive detention unless there is a sufficient ground of existence of an immediate threat to the sovereignty, integrity or law and order situation of the Kingdom of Nepal.

(2) Any person held under preventive detention shall, if his detention was contrary to law or in bad faith, have the right to be compensated in a manner as prescribed by law.

16. Right to Information:

Every citizen shall have the right to demand and receive information on any matter of public importance;

Provided that nothing in this Article shall compel any person to provide information on any matter about which secrecy is to be maintained by law.

17. Right to Property:

(1) All citizens shall, subject to the existing laws, have the right to acquire, own, sell and otherwise dispose of, property.

(2) The State shall not, except in the public interest, requisition, acquire or create any encumbrance on, the property of any person.

(3) The basis of compensation and procedure for giving compensation for any property requisitioned, acquired or encumbered by the State for in the public interest, shall be as prescribed by law.

18. Cultural and Educational Right:

(1) Each community residing within the Kingdom of Nepal shall have the right to preserve and promote its language, script and culture.

(2) Each community shall have the right to operate schools up to the primary level in its own mother tongue for imparting education to its children.

19. Right to Religion:

(1) Every person shall have the freedom to profess and practise his own religion as handed down to him from ancient times having due regard to traditional practices;

provided that no person shall be entitled to convert another person from one religion to another.[3]

(2) Every religious denomination shall have the right to maintain its independent existence and for this purpose to manage and protect its religious places and trusts.

20. Right against Exploitation:

(1) Traffic in human beings, slavery, serfdom or forced labour in any form is prohibited. Any contravention of this provision shall be punishable by law;

Provided that nothing herein shall be a bar to providing by law for compulsory service for public purposes.

(2) No minor shall be employed in work in any factory or mine, or be engaged in any other hazardous work.

21. Right against Exile:

No citizen shall be exiled.

22. Right to Privacy:

Except as provided by law, the privacy of the person, house, property, document, correspondence or information of anyone is inviolable.

23. Right to Constitutional Remedy:

The right to proceed in the manner set forth in Article 88 for the enforcement of the rights conferred by this Part is guaranteed.

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JOURNALIST CODE OF CONDUCT
2003 (2060)

Preamble :

Whereas, it is expedient to revise the existing code of conduct by covering all means of mass media and adjusting timely international practices and norms, with a basic objective of safegaurding the freedoms and rights gauranteed by the Consitution of the Kingdom of Nepal, 2047 (1990) and making the people well-informed, and making the mass media and the journalists more responsive towards the nation and the society, and avoiding misuses of the same, by protecting the freedom of press by means of making the mass media and the journalists responsible and professional for the development of healthy journalism;

Now, therefore, with the consent of the Nepal Journalist Federation, as well, this Journalist Code of Conduct, 2060 (2003) has been framed and enforced, pursuant to Section 7(b) of the Press Council Act.

1. Title, Commencement and Extension:

(1) This Code of Conduct may be cited as the "Journalist Code of Conduct, 2060 (2003)".

(2) This Code of Conduct shall commence forthwith.

(3) This Code of Conduct shall apply to all journalists and communication media working in the Kingdom of Nepal.

2. Unless the subject or the context otherwise requires, in this Code of Conduct,-

(a) "Journalist" means a media worker related with the profession of journalism such as a chief editor, editor, member of editorial board, correspondent, columnist, photo journalist, press cameraman, cartoonist, program producer and runner, costume, scene and language editor associated with activities such as collection, production, edition and transmission of news materials through communication media of any nature like printing, electronic and on-line means.

(b) "media" includes newspapers, radio and television broadcasts and internet news and thoughtfull on-line services operated in the Kingdom of Nepal.

3. The journalist and media shall perform the following duties:

(1) Protection and promotion of press freedom: Being freedom of opinion and expression a basic right of a citizen, to always remain firm, vigilant and alert for its protection and promotion.

(2) Recognition of human rights and international relations: To enhance protection and promotion of democracy, justice, equality peace and international collaboration and fraternity among friendly nations, while at the same time recognizing rights, interests, principles, norms and practices guaranteed by human rights related international instruments.

(3) Safeguard and enforcement of the right to information: To always remain active and dedicated to safeguard the right of the people to be well-informed.

(4) Imparting true and factual informaiton: To impart true, factual, impartial as well as balanced information in order to achive the goal of professional journalism.

(5) Editorial freedom: A journalist should have responsibility and accountability for production and impartation of the materials published-broadcast in the media.

(6) Recognition of right to privacy : To recognize personal and professional secrecy except in cases where it causes adverse impact on the public interest.

(7) High professional practice : To exercise high professional practice in order to carry out responsibility, accountability and reliability, being dedicated to the basic norms and principles of journalism.

(8) Decent behavement: To remain alert for moral, courteous and decent working style and language, while at the same time recognizing social decency in professional practice.

(9) Readiness to rectify errors: Upon information of any error or mistake in publication and broadcast, to rectify such error or mistake as soon as possible, and to give proper place for a refusal or dinial or response, accompanied by evidence, and publish-broadcast the same in clear language.

(10) Social responsibility: Social responsibility shall be to render special assistance through flow of information and opinions in the upliftment and development of the disabled, helpless, incapacitated, children, women and backward class, sector, nationalities and minor communities.

(11) Mutual relationship among journalists and media should be professional, healthy, tempered, courteous and harmonious.

4. The journalist and media shall not carry out the following acts:

(1) Not to undermine national integrity: Not to publish and broadcast any news and opinion that may undermine the sovereignty and integrity of the multiethnic, multilingual and multireligious Kingdom of Nepal or jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities or contain act of defamation or contempt of court or be contrary to decent public behaviour or morality.

(2) Not to adversely affect social structure : Not to publish and broadcast such deformed and provocative materials as may cause adverse impacts on the social structure and be contrary to professional dignity.

(3) Not to disclose secret source of news: To quote source in presenting any news for the authenticity and reliability of the news; but protecting such secret source being a duty of the journalist, to keep secret the name and identification of such source, except in cases of permission by the source.

(4) Not to use for fulfillment of personal interest: Not to use any information materials, obtained for publication-broadcast of the same, for fulfillment of personal interest.

(5) Not to flow information in a discriminatory manner: Not to flow or impart any news and opinion in such a manner as to discriminate on such grounds as of race, sex, religion, region, language and color.

(6) Not to flow information in a manner to make victim suffer further pain: Not to publish broadcast any news and opinion through the use of language, picture, figure and scene, as well, in such a manner as as to make the victim suffer further pain.

(7) Not to publish name, address and identification of a victim: Not to publish broadcast any news, picture and scene in such a manner as a disclose the name, address and identification of a victim with regard to a sexual crime or social disregard or any hateful event or context.

(8) Not to encourage violence, terrorism and crime: Not to present any news, opinion, picture and scene in a manner to encourage disruption, violence, terrorism and crime and to exaggerate such activity.

(9) Not to publish and broadcast naked scene and picture in a manner to spread out hatred and provocation: Not to publish any hurt, naked and hatred provoking scene and picture in a manner to spread out nakedness and provocation and not to be contextual.

(10) Not to mention name of the person not related with event: In publishing-broadcasting any news related with any event, not to present such news in a manner to undermine dignity or defame character of a relative or intimate person not related with the event, by attaching the name of such relative or person to such event.

(11) Not to publish unfactual news: Not to distort the fact, confuse for undue benefit, and publish a factless remark as news.

(12) Not to present advertisement as news: Neither to present an advertisement as news nor to refute news by way of advertisement; and a communication media shall not generally refute any news published and broadcast in another media.

(13) Not to use without quoting source: In using any news materials communicated by any news agency or media, not to publish or broadcast the same without quoting such original source.

5. Complaint and complaint procedures:

1) A victim may file a complaint with the council against any journalist and media within the time-limit referred to in sub-section (4), accompanied by factual evidence showing violation of the conducts mentioned in this Code of Conduct. If such a complaint is filed and the Council thinks, upon holding general inquiry, that any act has been done in violation of this Code of Conduct, the Council shall send summons, accompanied by a copy of the complaint, to the accused party, requiring that party to make presence along with evidence, if any, showing innocence, generally within seven days or within such time-limit before seven days as the Council may think fit.

2) Notwithstanding anything contained in sub-section (1), if any journalist or media publishes and broadcasts any news in a maner to cause negative impacts directly or indirectly on the public interest and concern. The Council may on its own initiate action against such journalist or media, pursuant to this Code of Conduct.

3) Notwithstanding anything contained in sub-section (1), the Council may, after general inquiry as to the complaint and before sending the summons to the accused party, give the concerned journalist or media such necessary direction as to immediately refute the news or beg a pardon or send reasonable reply.

4) If a complaint on publication and broadcast of any news by a journalist and media in violation of this Code of Conduct is not filed within fifteen days of publication and broadcast of such news, such a complain shall not lie. If there is any resonable reason for failing to file a complaint within the time-limit, the Council may entertain a complaint at any time.

5) After a written response has been filed with the Council by the accused party under the above mentioned sub-sections or despite that no response is filed within the specified time-limit, the council shall make decision on that matter within twenty days in general.

6) Prior to making a decision pursuant to sub-section (5), the Council may, if it thinks necessary, summon presence of both the complainant and the accused party and hold discussions between them.

7) If the complainant and the accused party reach a compromise and make a joint request in writing for compromise, the Council may execute compromise and settle the dispute.

6. Provision on Decision and Enforcement

If any party is held to have committed a conduct prohibited by clause (b) of Section 3 of this Code of Conduct, the Council shall make decision and take action as follows in a respective manner:-

1) The Council shall order the concerned media to publish and broadcast the decision made on the complaint in such form, place and time as may be specified by the Council.

2) If the accused party does not carry out the order given under sub-section (1), the Council shall make recommendation to the concerned body to suspend the press pass of such party if that party holds such pass.

3) If the accused party does not act under sub-section (1) even after suspension of the press pass pursuant to sub-section (2), the distribution verification committee of the Council shall remove the media of such party from evaluation process.

4) If the party does not observe the decision referred to in sub-section (1) even after removing from the evaluation process pursuant to sub-section (3) above, not assistance shall be provided to such party from the welfare fund of the Council.

5) If the party does not carry out the act directed under sub-section (1) even after cutting out assistance from the welfare fund pursuant to sub-section (4), the Council shall make recommendation to the concerned body to suspend the facilities to be provided by His Majesty's Government, for a certain period.

Provided, however, that the Council may, if it thinks necessary, take both actions referred to in sub-sections (4) and (5) at the same time.

6) The Council shall express regret over the journalist and media failing to carry out any decision of the Council and publish boardcast this matter publicly.

7. Repeal :

The Journalist Code of Conduct, 2055 is hereby repealed.

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The National Broadcasting Act, 1993

Date of Royal Assent and Publication
2050.2.27.4 (Wednesday, 9 June 1993)

The Act Amending Some Nepal Acts Relating to Communications, 2057 (2000)

2057.10.18 (Jan. 31, 2001)

Act number 6 of the year 2049 (1993)

An Act made to provide for national broadcasting

Preamble:

Whereas, in order to protect and promote the freedom of expression and the right to be informed guaranteed to the people by the Constitution of the Kingdom of Nepal, 2047 (1990), and to raise public awareness also through the language of the nation as well as national languages by creating an environment of equality, mutual good faith, and harmony amongst all the tribes, languages, classes, regions and religious denominations by imparting economic, social and cultural activities of the country to the people through the broadcasting system, it is expedient to make legal provisions on the broadcasting , without any obstruction, of the flow of information in order that the general public get informed about impartial as well as authentic news and information taking place at the national and international level, by making the broadcasting media reliable, effective and strong, with the use of modern technology available in the field of information and communications;

Now, therefore, be it enacted by Parliament in the twenty-second year of the reign of His Majesty the King Birendra Bir Bikram Shah Dev.

1. Short title and commencement :

(1) This Act may be cited as the "National Broadcasting Act, 2049 (1993)"

(2) This Act shall come into force forthwith.

2. Definitions : Unless the subject or the context otherwise requires, in this Act, -

(a) "Broadcasting " means the radio communication service to be so sent through signal, sound, image, picture or similar other way that the general public may get information.

(b) "Program" means any kind of program to be broadcast through audio or audio-visual means.

(c) "Frequency modulation broadcasting system" means a broadcasting made for the radio or television technology, by a broadcasting institution through the prescribed channel by using the frequency modulation broadcasting system.

(d) "License" means the broadcasting license to be issued pursuant to Section 6 for broadcasting any program or the license to be issued for broadcasting by establishing the frequency modulation broadcasting system.

(e) "Broadcasting institution" means a person or body corporate having obtained the license to broadcast programs under this Act.

(f) "Satellite" means the satellite placed in the space in order to obtain various broadcasting materials or send them elsewhere.

(g) "Cable" means the technology by which broadcasting materials are sent to various customers, members or consumers by wire from any certain broadcasting station.

(h) "Earth station" means a station to be established in the earth surface in order to exchange broadcasting programs through satellite.

(i) "Broadcaster" means a person reading out a program to be broadcast by a broadcasting institution, and this term also includes a person who composes and edits such program.

(j) "Prescribed” or “as prescribed" means prescribed or as prescribed in the Rules framed under this Act.

3. Supervision and operation of programs relating to broadcasting: His Majesty's Government shall have the powers to formulate policies on supervision and operation of programs relating to broadcasting within the Kingdom of Nepal.

4. Prohibition on broadcasting without license: No one shall broadcast any program without obtaining the license pursuant to this Act.

5. Application for license: Any person or body corporate who intends to broadcast any program by way of satellite, cable or other means of communication or to broadcast any didactic, entertaining and informative programs by establishing the frequency modulation broadcasting system in any place within the Kingdom of Nepal shall submit to His Majesty's Government an application in such format and accompanied by such fee as prescribed.

6. Issuance of license: Upon receipt of an application referred to in Section 5, His Majesty's Government may, holding necessary inquiry into the application, issue the license, in the prescribed format, for broadcasting a program, subject to observance of the prescribed terms.

7. Powers to prevent broadcasting: Taking into account of the nation and national interest, His Majesty's Government may, by a notification published in the Nepal Gazette, prevent any program pertaining to any particular subject, event or area from being broadcast by a broadcasting institution, for a period not exceeding six months at a time.

8. Power to cancel license of broadcasting institution: (1) If any broadcasting institution broadcasts any program in contravention of this Act or the Rules framed hereunder, His Majesty's Government may cancel the license obtained by such broadcasting institution.

(2) Prior to cancellation of the license under sub-section (1), His Majesty's Government shall give a reasonable opportunity to such broadcasting institution to defend itself.

9. Special provisions on establishment of earth station: (1) Any person or corporate body, or a native and foreign person or corporate body in joint investment, who intends to broadcast any program by establishing the earth station relating to satellite and cable television, has to submit an application to His Majesty's Government for permission.

(2) Upon receipt of an application referred to in sub-section (1), His Majesty's Government may, if, following necessary inquiry into that application, it deems reasonable to give permission to the applicant to broadcast any program by establishing the earth station relating to satellite and cable television, issue permission, as prescribed, to broadcast the prescribed programs, subject to observance of the prescribed terms.

(3) Other provisions on the establishment of the earth station and broadcasting shall be as prescribed.

10. Broadcasting and distribution fee: If a broadcasting institution intends to distribute and operate any program, the fees to be paid to His Majesty's Government or the prescribed organization and the fees to be collected from the persons or bodies using such program shall be as prescribed.

11. Production and broadcasting of programs: While producing and broadcasting any program, a broadcasting institution has to give priority to the following matters:-

(a) Development-oriented programs such as agriculture, education, industry, commerce, science and technology, health, family planning and forest and environment protection,

(b) Such kinds of programs as to enhance equality, mutual good faith and harmony amongst all the tribes, languages, classes, areas and religious denominations,

(d) Programs on such subjects as may enhance the national interest and national unity,

(e) Programs on such subjects as may raise national consciousness and moral awareness,

(f) Such kinds of programs as to raise social consciousness and develop democratic values, norms and culture in the people,

(g) Programs on such subjects as may not cause adverse impact on the relations between Nepal and neighboring countries as well as friendly countries,

(h) Programs relating to the foreign policy pursued by the country,

(i) Programs promoting folk songs and folk cultures,

(j) Important activities happening or taking place at the national and international level.

12. Participation of private sector in production and broadcasting of program: In addition to the public sector, the private sector may also be got involved so as to make any programs fair, simple, efficient and effective.

13. Provision of time to foreign broadcasting institution or communication media: If any foreign broadcasting institutions or communication media intend to get any program broadcast by a broadcasting institution, time may be provided to broadcast any didactic, entertaining and informative programs, based on the prescribed standards, without causing any adverse impact on the national interest.

14. Provision of time to broadcast advertisement: If any person intends to get any advertisement on publicity of any matter broadcast to the general public, time may be provided for broadcasting that advertisement, by collecting the prescribed fee from such person, institution or body.

Provided, however, that the broadcasting of advertisement of substances, such as smoking and liquors, causing harm to the public health shall be discouraged.

15. Prohibition on broadcasting of advertisement: (1) Notwithstanding anything contained in Section 14, no one shall broadcast, or cause to be broadcast, any advertisement of the following matters:-

(a) Matters adversely affecting political parties,

(b) Materials of vulgar type,

(d) Matters of such a nature as to create unusual fear and terror in the general public,

(e) Matters contrary to the non-aligned foreign policy of Nepal,

(f) Materials misinterpreting disregarding, insulting and devaluing any tribe, language, religion and culture.

(2) Notwithstanding anything contained in sub-section (1), nothing contained in this Section shall be deemed to prevent His Majesty's Government, in consultation with the Election Commission, from allowing any political party to give information about matters such as manifesto, program or philosophy of such party, at the time of election.

16. Functions, duties and powers of broadcaster: The functions, duties and powers of the broadcaster shall be as follows: -

(a) To have necessary investigation as to the truth of the information, news, articles or programs received by him and broadcast, or cause to broadcast, them at the specified time,

(b) To edit and broadcast, or cause to be edited and broadcast, the news by being politically neutral,

(c) Not to broadcast, nor cause to be broadcast, such kinds of programs as may undermine public security, moral and social decency,

(d) Not to broadcast, nor cause to be broadcast, any matters recklessly or negligently,

(e) Even if broadcasting is to be made about any debatable matter, to broadcast it by analyzing it from all viewpoints to the extent possible, and without twisting the state of affairs,

(f) Not to collect and broadcast false and illusive news,

(g) To carry out such other functions as specified by the broadcasting institution.

17. Punishment: (1) If any person broadcasts, or causes to be broadcast, any program without obtaining the license of broadcasting institution pursuant to Section 6 or without obtaining permission pursuant to Section 9, such person shall be punished, by order of the prescribed authority, with a fine of a sum equal to the license and permission letter fee and the charge as referred to in Section 10, by recovering such fee and charge ten [1] or with imprisonment for a term not exceeding one year or with both punishments.

(2) If any person broadcasts, or causes to be broadcast, any program in contravention of this Act or the Rules framed hereunder or commits, or causes to be committed, any act in contravention of this Act or the Rules framed hereunder, the prescribed authority may punish such broadcasting institution, broadcaster or other related person with a fine not exceeding ten thousand rupees or with imprisonment for a term not exceeding one year or with both punishments.

18. Appeal: Any person who is not satisfied with any order or punished made or imposed by His Majesty's Government or the prescribed authority may file an appeal to the concerned Appellate Court within thirty-five days.

19. Security of broadcasting institution: If His Majesty's Government thinks that there is a likelihood of any kind of loss or damage to a broadcasting institution because of a riot or unrest, it may arrange for security by sending security force to that place for such period as it may think necessary.

20. Delegation of powers: His Majesty's Government may delegate any or all of the powers conferred on it by this Act to any authority or body.

21. Powers to frame Rules: His Majesty's Government may frame necessary Rules in order to implement the objectives of this Act.

22. Prevalence of prevailing law: The matters contained in this Act shall be governed by this Act, and the other matters shall be governed by the prevailing law.

23. Saving: Notwithstanding anything contained elsewhere in this Act, a body corporate fully or partly owned by His Majesty's Government established prior to the commencement of this Act shall be deemed to have obtained the license of broadcasting institution under this Act.

[1] Amended by the Act Amending Some Nepal Acts Relating to Communications, 2057 (2000).