Nepalese Media:
Pre and Post restoration of Democracy
Pre restoration of Democracy
- Media ordinance of October 9, 2005
- Attacks on FMS and other media
- Actions against media persons
- Division among media persons
- Interference in media market
- Control of media by district and zonal administrations
- Plan to introduce media council
- Attempts to destabilize FNJ
Pre April Revolution
The autocratic government that came to power in the aftermath of 1 February 2005 royal coup amended six media-related laws (Radio Act, 1958, National Broadcasting Act, 1993, Press Council Act 1991, National News Agency Act, 1962 and Defamation Act 1959) on 9 October.
The amendments were an attempt of the then royal regime to restrict the exercise of freedom of expression. The illegal exercise was a plot to silence the independent voice of the Nepalese media that had made a quantum leap post 1990 restoration of democracy.
On the pretext of the amended instruments, security forces raided Kantipur FM Station on 21 October 2005 and seized its satellite uplink equipment. Similarly, the government attacked Sagamatha FM on 27 November and arrested 5 Journalists from there. To be borne in mind is the fact that both of these vicious attacks on media institutions were perpetrated in the middle of the night.
Intimidation, harassment, professional as well as physical attacks and detention of media professionals were the order of the day during the royal regime. FNJ has named these 14 months of the king's direct rule as the darkest days in the history of Nepalese media. The situation in the districts, where journalists were preyed on by agents of autocracy, was particularly alarming. These frontline media persons faced routine threats from security personnel for their practice of the profession of journalism. Their crime was to cover the armed conflict. Also, any one seeking to investigate the performance of the government and the security forces at the local level were put to systematic harassment. The government controlled the media through district and zonal administrators during the period. After the coup, hundreds of journalists were arrested in the course of the FNJ-led movement for the restoration of complete media freedom and democracy. On the other hand, journalists were also subject to threat and harassment by Maoists. Journalists had to appear in front of CDO and administrators for disseminating news. These atrocities perpetrated against the local media community led to a widespread displacement of the journalists who were reporting frontline events as it happened.
The government's attack was not limited to individual journalists and media houses; it also led a systematic campaign to create rift in the media community. The creation of pro-palace National Federation of Journalists was desperate attempt of the autocratic regime to create differences amongst Nepalese journalists. The government misappropriated the national coffer to back up the so-called Federation. Many journalists in the state-owned media (National News Agency, Radio Nepal, Radio Nepal and Nepal Television) lost their jobs for refusing to join the pseudo media organization. All through the royal regime the government sought to destabilize the Federation of Nepalese Journalists (FNJ), the representative body of 5000 Nepalese journalists. This disturbed the FNJ in its bid to help the media community through the Journalist Welfare Fund, Conflict Victims Fund and the Journalist Relief Fund.
With the intention of weakening the Nepalese media financially, the government introduced one door advertisement policy in mid-September. Government's One Door Advertisement Policy had an adverse impact on media sector since it awarded the government advertisements only to those organizations that abused media in favour of the royal regime. It was in fact an indirect economic blockade against anti-royal step institutions in the name of a media policy.
The royal government had plans of setting up a new media body called Media Council. The purpose of the body was to increase control on all sectors of the media, including broadcasting and online journalism. The Media Council, if it came to power, would have more power to trample press freedom.
Nepalese media post April Revolution
The restoration of democracy in late April following the popular uprising was sigh of relief for the Nepalese media that faced serious censorship after the royal coup. During the royal regime, government had been trying to curb press freedom through all possible measures. It was well understood that, by imposing various attacks and restrictions on media sector which is the foundation of democracy, government showed its autocratic character to the world community. During royal regime, constitutional values and norms, and integrity were severely violated. Government attacked on the norms of democracy, human rights and press freedom.
Nepalese people's historic movement has finally restored democracy in Nepal and has shown new hopes to the Nepalese People. House Proclamation of 18th May, incorporating the spirit of the people's will that was expressed in the historic movement has given a historic dimension to Nepal and Nepalese People.
Nepalese Media showed great resistance against the autocratic regime. Federation of Nepalese Journalists (FNJ) played a great role to restore democracy and complete press freedom. Although democracy and movement for press freedom has succeeded to large extent, the important responsibility and challenges to make Nepali Press independent, disciplined and organizational is still ahead. In this moment of victory, we still have various challenges ahead. To face these challenges, people's movement should not be relaxed until the achievement of the movement is not institutionalized.
After the restoration of democracy, there have been efforts to establish and institutionalize the Nepalese Media and few significant steps have been taken. However there are still various challenges ahead that have to be addressed.
Positive Trends
Cabinet Scraps Media ordinances
The media and the civil society heaved a sigh of relief when the government declared all ordinances and policies introduced by the royal regime as null and void. It included the the ordinances promulgated to amend some Nepal Acts Concerning Media and the ordinance relating to controlling the NGOs and local administrations.
Supreme Court on 18 May 2006 suppressed the article 8 of the 1992 National Broadcasting Act and article 15 (1) of the 1991 Publications and Newspapers Act as incompatible with a constitutional provision guaranteeing press freedom.
The first article gave the government the right to cancel the licenses of radio and TV stations that broadcast news. The second allowed the government to restrict or censor coverage of sensitive issues. Similarly, the government on May 26 formed a task force to ensure effective implementation of the Working Journalist Act 2051. The task force was formed in response to the demand made by the Working Journalist Struggle Committee. Government also scrapped the one-door advertisement policy, which was introduced by the erstwhile royal government to curb press freedom and independent media on June 2.
Incidents of Media Rights violation situation:
- Army mistreated and beat journalist Ganesh Rai, Deepak Bhattarai, Shyam Shrestha, Rajneesh Bhattarai and Bimal Gautam on 4 May while reporting an accident at Babar Mahal.
- Police manhandled the photo journalists and seized the roll from Raju Krishna Shrestha, of Kantipur Television while they were reporting on 11 May.
- Uttam Shrestha, Dambar Pradhan, Indra Lama, Purna Lama and Lok Bahadur Khadka entered FNJ Ilam branch searching for "Kantipur" Correspondent Benup Raj Bhattarai on 15 May regarding the news related to irregularities in Ilam District Development
- A group of protestors set ablaze copies of the Kantipur van at Parwanipur, some 15 kilometers from Birjung on 24 May.
- Protesters vandalized a vehicle of Kantipur Television who had reaced the incident site at Baneshwore, Kathmandu to cover the news on 24 May.
- Parshu Ghimire, editor of "Tarun Weekly" was threatened by Deepak Ranjit, S.P of Crime Investigation Branch, Hanumandhoka, Kathmandu on 29 May in relation to the article published in the paper.
- Gyanendra KC, central council member of Federation of Nepalese Journalists (FNJ) Dhaulagiri branch and Myagdi correspondent of Channel Nepal Television was beaten by a police when he reached District Police Office in relation to his work on 3 June at Banglung.
- Kiran Rai, central representative of FNJ Bhojpur branch and correspondent of Rajdhani and Blast times daily was ill behaved by DSP Nala Prasad Upadhyaya on 4 June in relation to the news published in the paper.
- District Administration office of Siraha district has stalled the registration of "Loktantrik Weekly" on 6 June.
- An unidentified group that came in motorbike attacked Manoj Khanal, chief editor of national weekly "Balan Times" at night on 10 June at Siraha. He was attacked in relation to the article about a non governmental organization, Bhawani Integrated Development.
- Rajendra Mahato, publisher and editor of "Sagarmatha Dhwani Weekly" was manhandled and threatened by Ram Awatar Shah from a non governmental organization, Shreepuraj Community Development Center on 10 June.
- Maoist cadres on 13 June threatened Chitwan based journalist Binod Tripathi over a news report, on Maoists planning to raise Rs 50 million through 'tax', published in The Kathmandu Post and its sister publication Kantipur in their Sunday editions.
- Timber contractors and Maoists on 10 June have threatened journalist Damodar Bhandari of physical action for publishing news related with deforestation and timber smuggling.
- Narendra Nath Yogi, President of FNJ Jumla branch was manhandled by Deputy Superintendent of Police (DSP) on 16 June.
- A group of women damaged the office of Janamanch weekly because of the article it had published regarding "Sanjibani Women School" on 7 July.
- Journalists working at Myagdi based newspaper “Rupse Weekly” were threatened by some political cadres of the region on 7th.
- A group of about 15 youths associated with the Nepali Madheshi Students' Front burnt copies of "The Kathmandu Post", "Kantipur", the weekly "Saptahik" and other newspapers and magazines in Janakpur on 21 July.
- Maoists threatened Ram Saran Bajgain, executive editor of Kavre based “Chesta Weekly” on 2 August and called to appear at the Maoist’s People’s court for clarification.
- About 150 protestors brought work at Kantipur complex to a complete halt for over three hours on 3 August. They were protesting against Kantipur Television's news bulletin on the killing of karate player Rakesh Gurung.
- The employees of a community radio “Ghoda Ghodi FM”, the first FM of Far-western region were given forced retirement on 16 August.
- The Maoists detained ten journalists including FNJ Parsa Chapter President Shatrughan Nepal for three hours and released them on Friday 18th August.
Trend Analysis
The Nepalese media today is not faced with the sort of challenges it did during the royal regime. There is no direct censorship and there is no systematic attack on freedom of expression. The media at present is passing through a comparatively easier phase. After the establishment of democracy, all the anti media policies issued by the autocratic regime has been annulled and all detained journalists by the then royal government have been released. Journalists who were being fighting in the court of law against the charge of the royal regime have been given clean chit.
Such positive developments clearly show that planned and systematic attacks, arrests, threats and ill treatment of journalists has come to an end. Unlike during the royal regime, chief districts officers and administrators no more have the authority to summon journalists for writing news. The accessibility to information is easier. Even with all these things, the journalists have not been able to experience complete freedom. After the restoration of democracy, the peace situation of the nation during this transitional phase has weakened while on the other hand there have been various incidents to weaken the democracy. Media also has to suffer in such events to some extent. The attack on Kantipur complex on 3 August can be taken as an example of it.
There are the incidents where journalists are facing life threats from the anti social bodies of the society. Although not directed and promoted by the state, there have been some cases of police and army ill treating the journalists at various places.
Although the Maoists have publicly declared their commitment to press freedom, incidents like threatening and captivating journalists by Maoist cadres can still be witnessed at some places.
To conclude, looking at the trend during this period although the situation looks relatively easy and as we can imagine in democratic system. However imagined, the government still has to do a lot for the social security, professional safety and the restructuring of the whole media sector.
Despite above mentioned positive steps there are still lots of challenges ahead that have to be addressed in the days to come. Federation of Nepalese Journalists believes that the media should be restructured to address all the challenges of media. For this purpose, FNJ has already started to exercise to form new media policy. FNJ has also started the interaction with newly formed interim constitution draft committee to ensure press freedom.
The challenge to take the overall responsibility of the journalists who were killed during the conflict and reinstatement of the sacked journalists during royal regime is still ahead. Enforcement of right to information act and working journalists act is a major issue to be addressed. Issues that have been raised in 26 point concept paper prepared by the FNJ will be a remarkable step for the protection and promotion of Nepalese Media. |