Country paper presentation by FNJ on July 15, 2005 at National Conference

Independent Media Under Threat

Nepal's professional media that drew its nourishment from the 15 year-old democratic state mechanism has lately received a serious setback following the royal take over on February 1. Should this meddling with freedom of the Nepalese mass in general and the press in particular continue the same way, should the insecurity of the mediapersons' profession and employment and the investment of the media houses continue, it is but certain that the existence of independent media would be under serious threat.

Ever since the king took over the regime on the pretext of 'controlling Maoist violence and establishing peace in the country,' an attempt to dismantle the very base of the independent press is on. After the coup, there has been a ruthless attack on the independent press that had so far been playing a key role in the empowerment of the resource-strapped general public. Just as when the king was proclaiming the dismissal of Sher Bahadur Deuba's premiership on February 1 and his taking over of all state power, many media offices across the nation were already under the control of armed soldiers. In the process, the government virtually took over the offices of independent radios and television and all communication technologies were denied. Landline telephone, cell phones and internet service went dead. Though the propaganda was on that the royal step was for 'containing violence and the establishment of peace', it in fact was nothing more than a sinister design to suspend all forms of civil liberties and the democratic process. Five months on, now it is but a common knowledge that the crackdown on media and mediapersons was a well-meditated means to this end.

1. Intervention on Freedom

The attack on media is not a merely an attack on a particular professional sector, it also is an attack on the process of distilling conclusions out of different faiths, schools of thoughts and interactions in the society. In this respect, we can conclude that this is the denial of the idea of a free society and the entire civil liberties. The pattern of the crackdown on the Nepalese media over the last five months can be analyzed into the following categories:-

A. Physical Intervention

Following the royal coup on February 1, the Nepalese journalists, who are strong exponents of the 21st century and a modern state mechanism, are being harassed in the most uncivilized manner. The Nepalese media witnessed a direct military intervention in the weeks following the royal proclamation. The army officers posted in the media offices as the leader of the editorial affairs might have returned back but not the psychological censorship that they have left behind. The terror associated with the Royal Nepalese Army officials who directed the concerned mediapersons regarding the 'dos' and 'don'ts' of the state of emergency still lurks in their minds. In relation to the situation outside the valley, security forces are still very much active in supervising the selection of news materials and their subsequent presentation. So much so that examples of security forces directing the local printing press whether or not to print a particular newspaper abound.

Nevertheless, the Nepalese print and electronic media and professional organizations which have hardly completed their one and a half decades of professional journey stood their ground against the odds. The movement that Federation of Nepalese Journalists (FNJ), the umbrella organization of all professional journalists in Nepal, launched describing the royal take over as 'coup' is still on. Independent civilians, various media organizations and the international community extended their invaluable solidarity to the FNJ movement. Had this not been the case, we would not have been in the same condition as now. It is just because of this pressure from within and outside the country that the government's attempt to do away with the very existence of the independent media or to win it in its favor could bear no fruit. Following the February 1 royal take over, journalists have been frequently in and out of the government's mass detention centers. The present president of FNJ Bishnu Nisthuri himself was released after spending 22 days in the custody of the security forces. As the government authorities regard their orders and directions as the absolute law, journalists have been detained without any arrest warrants. And they are freed at their whims. Over the last five months, 176 journalists were detained and subsequently released. Even today the government continues to terrorize the journalists by making use of laws pertaining to public security that are used in case of crimes threatening peace and security of the country. The FNJ has records that the administration has harassed 30 media houses in different parts of the country while 10 editors and publishers were repeatedly summoned. The Maoist rebels too have inflicted cruel physical attacks on the press and also have caused a serious setback to the mediapersons’ free movement. So far as the question of physical and psychological torture to the mediapersons is concerned, it would not be an exaggeration to say that the whole nation has turned out to be a torture-house for the Nepalese journalists.

B. Ill-intentioned Use of Law

Along with the physical attack, the interference in media has further been intensified by an ill-intentioned interpretation of the existing laws. On February 3 rd the government declared a six month long state of emergency by ordering not to write anything ‘in protest of the king’s move or in support of the Maoists’. It was not merely a physical interference but also was a crooked design to limit the role of the journalists through legal means. By issuing another notice on 4th February, the ministry for communication and broadcasting directed the independent radio stations ‘not to broadcast any news and news-related programs except purely entertainment programs’. Not only this, it also issued a warning that anyone violating the order would face penalty. Though the radio journalists are presently agitating demanding a free airing of news and news-related programs, the government has not revoked the notice yet. In the same way, the government issued another notice on 1st March 2005 that put forward the condition that any news on the Maoists must have the security forces’ say. In the following period, there have been many such notices from the government. Such notices have weakened the media which has always fought against terrorism in any form. This has also seized the journalists’ right to comment on the royal proclamation in a free and fair manner. At a time when the king has taken over all executive power in his hands, the media must have had the right to assess and evaluate the king’s administrative performance as well. But that chance was rooted out by tailoring the law of the land to the selfish ends of the government.

Government's declarations have turned the independent broadcasters to mere entertainment programs. The independent media, which was a matter of pride for the country as the achievement of past decade, has been systematically silenced and the people’s right to have a quicker access to information through an easier medium has been denied. The broadcasting houses that strictly adhere to the provisions stipulated in the National Broadcasting Act and Policies are bound to abide by the directions issued by bodies that are unknown to the country’s constitution and the broadcasting act. The situation has degenerated to a level in which even the regional and zonal administrators have begun to direct the media organizations what to do and what not. The Banke and Parsa district administration's written directions in regard to the subjects to be covered bear enough testimony to this fact. Editors, publishers, correspondents, reporters and broadcasting officials working throughout the country are bound to follow innumerable worrying orders and directions of the administrators.

At the moment, a preparation is on in order to modify the Press Act so that media freedom can be controlled in seemingly legal way and permanently. But thanks to the movement the entire media community has led against this proposed amendment of the law, the government has not so far dared bring declare ordinance. Nevertheless, under the present circumstances it can happen at any given moment. In the draft law, an effort has been made to restrict the coverage of the royal family by diversifying the definition of a royal family member. Should the published news materials defame somebody, the amount of fine has been increased manifold. An attempt has also been made to upset the media by not allowing a media house to operate more than two media outlets. The government has not at all consulted the concerned stakeholders in this regard. In totality, it can be observed that in the name of making the press responsible, the law has been drafted in order to terrorize the media sector. This is a well-designed plan to make the media its blind follower.

The government’s behavior towards the internet service providers shows its modus operandi to control information technology. After the royal take over, they were completely stopped for some time. But these service providers almost every day get direction from the security forces in order to bar a website. The story is even more serious with the cable operators. There is unauthorized intervention, they are threatened to cancel their licenses in case they fail to block the websites that are ordered to be blocked.

Though the Constitution of the Kingdom of Nepal 1990 and the Acts formed under it clearly provide for an unhindered press freedom, legal remedy against the government's violation of the same has not been effective. As the judiciary's power is on a gradual wane owing to the state's rampant intervention, results of the legal remedies, except habeas corpus, have not been that fruitful. Moreover, latest activities of Press Council Nepal, a body entrusted with the responsibilities of teaching code of conduct and showing the way to a true professionalism, have discouraged the press.

C. Psychological Terror

Apart from the physical and legal interventions, the government has also used a series of psychological attacks on the media and mediapersons. Local authorities and security forces summon, grill and threaten journalists over and over again just for writing news and expressing their opinions. The editors, journalists, publishers and correspondents outside the valley are under so much of illicit pressure that they have almost lost the capacity to write independent news and opinions on the activities of the local bodies. This has minimized the professional competency of the Nepalese press to ensure a free flow of independent news and opinions. Recently, a Terai-based correspondent of a national daily penned news titled 'Army action kills innocent civilian'. Now, he has been strictly warned that 'anything' might happen should he fail to prove his innocence. In the backdrop of such a hostile environment, the concerned journalists cannot be expected but to lose their ability to fulfill their responsibility of an independent media, that is to inform the people.

In order to fathom the depth of the Nepalese journalists' terror, a quote of a far-west-based editor would be more than enough. Says he: "One day before we run news on the killing of a dozen security forces citing Maoist sources. But the very next day we are forced to re-publish the news on the same incident claiming the death of dozens of Maoists. Whichever party provides the information, the news is in its favor. There is no room to check out the authenticity in an independent manner."

The unseen fear of physical and legal intervention is the effect of self-control in professional journalism. Journalists across the country are reluctant to publish news items against the security forces, administrators and especially against the government. Scribes suffer from an acute yet unknown psychological pressure. Media personnel as we are, we ourselves can feel the pang of a situation in which practicing journalism becomes impossible for a problem invisible from outside but that continues terrorize us within. To sum up, the present day media is badly affected by 'self censorship'.

2. Economic blockade

The government has now imposed a virtual economic blockade on the entire independent media. The recently enforced National Advertisement Policy has been effectively enforced to this end. The new regulations mandate the government to provide advertisement only to selected media houses that support the 'nation, nationality and the Crown'. Through this advertisement policy, the government is focused on taming its 'rival' media houses. This very criterion of praising the government in order to enjoy the government advertisements is sure to damage the professional ability of the independent media which, by nature, ought to be out and out critical. Moreover, this clearly intends to turn the whole media houses into a choir singing government's eulogy. Added to this is the risk of a possible rift in the Nepalese media into two larger groups -- 'pro' and 'anti-King'. We have credible information that the government is planning to invoke the private sector to stop awarding advertisement to independent media by naming it as 'anti-government and anti-King'. As a punishment for advertising in the independent media, the government is known to have tried to scare away some business establishments by threatening of launching investigations into alleged income tax evasion cases.

A discriminatory approach is being applied to the distribution of public welfare advertisement, which is based on the monitoring carried out by Press Council Nepal. This has pushed the publication houses within and outside the Kathmandu Valley, most of which have already been grappling with limited resources, with financial crisis. The worst hit are the weeklies that have earned a certain reputation for their relentless effort to strengthen the civil society, a prerequisite for making democracy a success story in Nepal.

The government has not merely targeted the publication houses and other independent media, it has also imposed economic embargo on the Federation of Nepalese Journalists (FNJ). As a result, the FNJ's effort to aid the needy mediapersons and their families by establishing Journalists Welfare Fund and Conflict-Affected Journalists Welfare Fund has been seriously affected. So much so, the royal administration has blocked the budget the Sher Bahadur Deuba-government had decided to allocate to the FNJ. This has nixed the possibility of any kind of financial assistance to journalists who have been victimized.

3. Insecurity

A. Life

At a time when violence is reaching its new heights in the name of 'containing the conflict', the security of working journalists has become a major concern of the hour. While the state is already acting tough against the press, the Maoists’ behavior towards journalists is not less violent. The general perception in the journalistic fraternity is that working journalists are virtually 'caught in a crossfire'. The tales of woes of those who have come out of detentions either from the government or the Maoists are simply heart-rending. These examples are enough to tell how cruel and uncivilized a state and rebels can be even in this 21st century.

The situation is such that the state does not think twice before detaining any journalist at any moment on any artificial allegation and could mete out mental and physical torture on him or her. There can also be involuntary disappearance of any journalist at any moment. Journalists Maheshwor Pahari, Bhaikaji Ghimire and Binod Dahal are still being detained on charge of being terrorists. Journalists are still being detained and released in dozens intermittently. In the meantime, the rebels also have been barbaric towards the press. Ilam district-based journalist Som Sharma was freed after two-month-long abduction by the Maoists, thanks to a FNJ mission led by central member Purna Basnet. Similarly, the editor of 'Blast Daily' Kishore Karki has been warned of 'dire consequences'.

Barely 200 out of the 5000 journalist population in Nepal are insured. Except for a few particular media organizations and a few individual cases, most of the Nepalese mediapersons are deprived of any insurance coverage. This implies that thousands of journalists are bound to work over landmines and lethal trenches without hope for any kind of compensation. Instead of aiding the journalists who are committed to their profession despite such a volatile situation, the state remains indifferent to their woes and rather appears to be pretty determined to flush them out of the profession.

B. Investment

The Nepalese media sector, which started taking professional roots since 1990, is currently faced with scores of existence-threatening barriers. The blatant intervention into its freedom, the state-imposed economic blockade and the intolerant attitude of the rebels have pushed the media sector - known as Nepal’s best achievement of the democratic era - to an ever-worsening incertitude. The government’s nasty attitude has greatly discouraged further investments in this sector, which, of late, had been able to prove itself a viable industry. If gauged from the established viewpoint that commercial development is possible only in a free and competitive environment, situation has arisen when one must ‘rethink’ before investing in the mass media sector.

C. Profession/Employment

The restriction on freedom and investment has had an automatic effect on the profession and employment of the mediapersons. As many as 504 journalists lost their jobs as a result of the ban on the broadcasting of the news bulletins by the independent radio stations. But, the actual statistics across the country could easily reach a thousand in total. As news bulletins and current affairs-related programs are banned, the management departments of the radio stations have laid them off ‘till further notice is circulated’. On the pretext of a ‘bad business’, many dailies and weeklies published from different locations have bid goodbye to their employees without renewing their contract letters. Similarly, so far, over a hundred journalists from government media houses have been sacked for expressing solidarity for the FNJ’s movement for the restoration of press freedom.

The restriction on freedom of expression has narrowed the size of the newspaper market. As the government has rationed the advertisement flow and the market has become uncertain, even the newspapers in the capital are gradually facing problems while many in the districts have been closed and many are on the verge of closure. Against the backdrop of such a condition, it is but natural that the journalists working with such media outlets have been badly affected. This is proved by the increasing number of mediapersons who throng to FNJ secretariat with complaints of their unemployment. FNJ records point out that nearly 2 thousand journalists have been rendered jobless only after the February 1 royal take over.

The autocratic government is leading a campaign to put an end to the independent media or to make it a blind supporter. This would definitely beget a host of unhealthy trends like the obstruction of the free flow of information and opinions, creation of a situation in which media would have nothing but to sing hymns praising the government, weakening of professionalism and the promotion of yellow journalism.

In a nutshell, the latest actions of the government pose threat to the very idea of an independent and competitive press.