Background
Nepalese media sector which emerged as an industry after 1990 A.D has been fighting for its survival following the royal move of February the 1st. In response to the deteriorating press freedom and freedom of expression in Nepal following the Royal Coup, twelve international organizations, including UN agencies, global media associations, freedom of expression advocates and media development organizations, undertook a mission to the country from 10 to 16 July 2005. This mission reflected its serious concern with which the international community views the press freedom and freedom of expression in the country.
During the mission, representatives of the international organisations met with various people and institutions espousing a broad spectrum of opinions on the current situation of media and freedom of expression in Nepal. In particular, these meetings included cabinet Ministers, senior officers of the Royal Nepal Army, civil society representatives, and a cross-section of the national media community. In addition, the mission visited a number of the districts, including Butwal, Biratnagar, Nepalgunj and Mahendranagar, and met with local civil authorities and representatives from the local media in these areas.
Based on the findings of the mission, it made various recommendations to ensure respect of media rights from both the conflicting parties. However there is no sign of improvement in the situation so far as the government is still violating media rights. Media situation after the Mission visit is briefly outlined here.
Post Mission Scenario
Journalist Killed
Mahenshwor Pahari, Journalist of Pokhara based Rastriya Swabhiman Weekly, died on 4 October 2005 while in detention. He was detained for a year on the grounds of being a Maoist sympathizer. Pahari, 32, had not been well for past one and half months. He had been admitted to the western regional hospital. He was arrested from Lwangghalel in Kaski in January 2004, and was in good health when arrested. Pahari died of tuberculosis, after being held with 100 other prisoner in a cell designed for 20 people.
Harassment, Detention and Threats
Nagendra Upadhyaya, editor of New Malika Weekly of Kailali was arrested on 21 July 2005. Chief District Officer issued the arrest warrant under TADO. He was released on 26 August 2005.
Harihar Singh Rathour, correspondent of The Kathmandu Post for Dailekh was arrested on 20 September 2005. He accused Local Battalion Commander of Royal Nepalese Army, Colonel Nayan Raj Dahal of carrying out personal conflict against him. Rathour was released after 30 hours of illegal detention. He was released after the FNJ mission led by Mahendra Bista, General Secretary of FNJ, pressurized for his release.
Security forces raided the residence of Taranath Dahal, Outgoing President of FNJ, in an attempt to arrest him. . He received regular threats from security forces for about 3 months.
Police cracked down on journalists demonstrating peacefully in Kathmandu on 16 September 2005, arresting about 80 journalists. Most of them were picked up by police before the protest meet. They were released in the evening. Defying the government ban on demonstrations and rallies, journalists assembled at Ratnapark and chanted slogans demanding immediate restoration of press freedom and democratic rights of the people.
At least 31 journalists including FNJ President Bishnu Nishthuri, Vice Presidents Sanjay Shantoshi Rai and Gangadhar Parajuli, Secretary Balram Baniya and Treasurer Hemanta Kafle were arrested when police interfered the peaceful rally taken out to Mark February first as a "Black day".
January 21, 2006: Mr. Tanka Pant of Samacharpatra and Prakash Silwal of Himalayan Times were attacked at Baneshwor, while covering news on the program of littérateurs. They were taken into the van, threatened, manhandled and released after a while.
January 23, 2006: Butwal reporter of Annapurna Post, Mr. Mahendra Thapa received injuries to the head by baton charging of security personnel while reporting a students' protest program at Butwal.
January 19, 2006: Shyam Shreshta, editor of Mulyankan magazine. Shreshta remains in detention at 2 No. Post of Armed Police Force at Maharajgunj.
January 22, 2006: Khem Bhandari, editor of Abhiyan Daily from Mahendranagar, Kanchanpur was arrested and issued a seven-day notice, for allegedly attacking policemen. He was released on Jan. 25 following a high level FNJ Mission that negotiated his release.
January 22, 2006: Mr Damodar of Bikalpa Weekly was arrested from a protest rally at Hanumandhoka, while he was reporting. He was released on the same day.
Yekindra Kumar Kunwar, Achham Sandesh, Achham District- Far west was called up by Maoists District People's Court for his appearance. The letter says he has been called for clarification on some topics. Furthermore he has also been threatened of the action if he fails to appear within 7 days of the release of the notification.
Birendra Rawal, Editor of Dhangadi based paper "Hamro Saptahik"continuous threats and repeated calling to appear at so called Maoists Court on the basis of his news.
Attacks on Media
The transmission of Radio Paschimanchal has been stalled since 1 February 2006. It was damaged after the army used the station as a shelter during the clash with the Maoists on 31st January. According to the press release issued by Radio Paschimanchal several rounds of bullets were fired during the clash damaging the equipment dipole, tower, antennae, recording room, control room, live transmission room, transmitter room, station manager's room and other equipments. FM broadcasting cannot be resumed until the compensation is provided. FM has presented the total damage of worth Rs. 170 million to the police.
Media and Legislative environment
On 9 October 2005, His Majesty King Gyanendra promulgated an “Ordinance Amending some of the Nepal Act Related to Media” (the “Ordinance”), which amended six of Nepal’s key pieces of media-related legislation. The amendments entrench restrictions imposed on the media by the Government during the three-month state of emergency that ended in April 2005, and impose new limitations that will further undermine freedom of expression, press freedom and the right to receive information in Nepal.
The amendments in the Ordinance do not meet the international press freedom standard and also violate Nepal’s own constitutional guarantees of free expression.
Many of the vague and ill-defined provisions open the door to arbitrary and abusive application of the law. The Ordinance seeks to provide a legal cover for unlawful practices and restrictions used by the Government to illegitimately suppress freedom of the media and the right of Nepal's to receive information, including by: prohibiting news broadcasts, suppressing criticism of the Government and discussions in the media that are seen as politically sensitive for the Government, severely limiting access to foreign media and enabling the Government to bar journalists from working professionally.
Equipment Seizure of Kantipur FM and Radio Sagarmatha FM
On 21 October the authorities raided Kantipur FM’s radio station and seized uplink equipment for allegedly relaying broadcasts without permission of the Government.
Likewise the police raided Radio Sagarmatha FM station and seized transmission equipment from Radio Sagarmatha as it was relaying the transmission of the BBC Nepali Service.
New Media Council
Government is all set to form a powerful Media Council by dissolving the current Press Council Nepal. The council would be formed within four months. New media council will have more power to curb press freedom.
Broadcasting Authority
Government is set to introduce 'Broadcasting Authority Ordinance' to control broadcasting sector. The Ordinance will make FM stations impossible to run with the hike in license fees of up to 20 percent.
The intention behind the ordinance was to make the FM stations financially weak, thereby stopping their operation.
One Door Advertising Policy
Government's One Door Advertisement Policy has a very adverse impact on Media sector since it has limited public expenditure on advertising. In the name of one door advertising policy, government has imposed economic blockade. This policy has been exercised to control those media institutions which opposes royal move. This has been adversely affecting the professional capacity of a journalist to be critical. This has created the danger for independent media world of being governments' chanting group.
Psychological pressure
There has been continuous psychological pressure to the journalist and media professionals. Local administrations have been calling journalist dozens of time for inquiry and intimidation for writing news. Editors, publishers and correspondents from the places outside the valley are so much tortured that they are losing capability to write fair news regarding the activities of local security and administrative affairs. Consequently, it has been diminishing the capacity of Nepali press to write and disseminate news free and fairly. The fear of government interference has resulted self control over professional journalism. Media professionals across the country have been hesitant to disseminate news fairly against the security, administrators and governance. Journalists are in the constant psychological and unseen fear.
Efforts to destabilize FNJ
State has been trying to destabilize FNJ financially. The efforts of the Federation to help journalist throughout the country through Journalist Welfare Fund, Conflict Victim, and Journalist relief fund were disrupted. Outlet budget was blocked. Because of this, Federation couldn't help those journalists, working under the tremendous threat of bombs and explosives.
Conclusion
From the incidents demonstrated above, it is clear that the practice of curbing press freedom is still prevalent in Nepal.
Control over freedom and investment has been affecting the profession and employment of media workers. Market has been limited due to control over freedom. Due to government control over advertisement and insecurity of market, journalists of capital have been badly affected while in the places outside the valley news papers are in the verge of closure.
