Press Law in Nepal

Definitions : Press law defined the rules regulating the press, the publishing industry and electronic media, such laws frequently determine the rights and responsibilities of journalists.

The expression press laws, commonly referes to a special law, which is solely directed against a printing establishment or those who are concerned with the printing and publication of printed matter, such laws would not affect other persons, who are not engaged in printing or publishing printed matter.

Traditional law of Nepal

-           Oral directions made by chief of the state.

-          Lalmohor

-          Religions, traditions, cultures

-          Dibyopadesh made by Prithvi Narayan Shah

-          Inscriptions

Muluki Ain

No documented and codified law before 1910 BS. Muluki Ain was the first codified laws of Nepal; Contribution of Janga Bahadur Rana, inspired by Nepolian code. In Muluki Ain there waw some provision related to publication, but silence about the press though Giddhe Press was already entered two years before. Two main Provisions of Muluki Ain :

1- Approved authority to Gorkha Bhasa Prakasini samiti

2- Copyright registration

SANAD

Regular publication of Gorkhapatra started only in 1958 and made a glorious history of country. Pm Devshumsher JBR authorized to pandit Naradev by sanad (authorization paper) to publish gorkhapatra in 1958 baishak 11.

Terms and reference were as follows:

1- Permission to use type chhapakhana (Giddhe press) and lithograph chhapakhana

2- Permission to use manpower of both presses

3- Authority to publish gorkhapatra 1000 copied per week (Yearly subscriptin rate was Rs. 3)

4- Pay scale of press and budget.

5- Policies on what to publish and what not to publish.

6- Instruction to finalize by LT. Col. Dillishumsher Thapa.

WHAT TO PUBLISH

1- The rules and regulations issued by the government directly related to the people.

2- The comparative rates of culcutta and Kathmandu

3- The appreciated performances of civil servants and the army.

4- The public speeches delivered by the prime minister and mukhiyas.

5- The incidence taking place in the country.

6- Irregularities of the civil servants with proofs.

7- Publish the materials regarding to agriculture.

8- Publish the public ceremonies of the government.

9- Publish the deeds of late shree 3.

WHAT NOT TO PUBLISH

1- The secrecy related to the women in Rana and Royal palaces.

2- Army,wepons and royal affairs.

3- The details of the remote roads to bhot.

4- The praise of ruling Ranas.

PRESS LAWS HISTORY IN NEPAL.

Nepal Chapakhana Ain of 1946 (2003 BS) had no provision of press freedom. The Law of Nepal Government, 1947 (Baidhanik Kanun, 2004 BS) guaranteed freedom of speech, expression and of press as fundamental rights. It was the first Constitutional provision made for the freedom of the press. However, The Press and Publication Act, 1948, was issued to make limitations of press freedom more clear.

Nepal Press and Publication Registration Act, 1951 and Press and Publication Act 1952, were issued. The latter replaced the Act of 1948.  Registry Act, 1951, made different provisions regarding registration of newspapers and magazines. Citizen Rights Act, 1955, also assured the freedom of speech and publication to every citizen. The press during this democratic period was relatively free than Rana period. The press laws were liberal and the press, in democratic period, enjoyed full freedom.

Although the Interim Constitution of Kingdom of Nepal, 2007 BS, gave freedom of expression, speech and other fundamental rights, there was no legal guarantee for press freedom. It was only after 2015 B.S. when the third Constitution of Kingdom of Nepal 2015 BS was drafted, press freedom was guaranteed. This constitution lasted for three years.

In the year 1979, May 24, referendum was declared and election date was set for 1980. During this one year, press enjoyed full freedom. However, the press could not relax for more than a year. As soon as, the result of referendum was declared in favor of “reformed” Panchayat system, the established authority again started to impose the same laws, making them even harder. Freedom of Speech and Publication Act, 1980, and Press and Publication Act,1982, are some of the examples.  The another example of more restrictive measure was the Rastriya Samachar Samiti Act of 1962, that empowered the government to dissolve Nepal’s two independent news agencies and to replace them with the government-run Rastriya Samachar Samiti (RSS) or National News Agency. Several newspapers lost their license for being critical of the government. The Press and Publication Act of 1975 placed further restrictions on the press.

The Constitution of the Kingdom of Nepal, 1990, guaranteed freedom of opinion and expression, press and publication rights and the right to information in its article 12(a), 13(1,2,3) and 16. Following the promulgation of the Constitution, different acts including Printing and Publication Act, 1991, and National Broadcasting Act, 1992 were passed in order to provide an appropriate environment to the media sector.

Printing Press and Publication Act,1991 guaranteed that the property of any registered press will not be seized by the government because of what it has printed/published.

Press Council Act of 1992 gave media/press pass to the journalists, started implementation of Code of Conduct and also registered complaint against the media or journalists and take appropriate actions against them.  National Broadcasting Act, 1992, looks upon the registration process of broadcast media, their license fee, updating, etc.  The RSS Act was amended after a year of restoration of democracy and it also allowed private news agencies as well.

The state of emergency was imposed on 26 November 2001, which suspended civil liberties as well as fundamental rights. At least seven Constitutional articles and clauses including right against pre-publication censorship were suspended.  International Human Right Organizations declared that Nepal had turned into the world’s biggest prison for journalists because of no freedom of expression and also due to the rapid murder of many Nepali journalists for bringing out the truths.

The Interim Constitution of Nepal, 2007, has principally guaranteed freedom of the press, publication and broadcast. Sudden ramification was done for radio license and many radios got license.

The Interim Constitution has added two more provisions that are:

- The means or the tools of communication (telephone, radio, etc.) cannot be obstructed

- Right to the freedom of information.

Moreover, the Working Journalist Act was implemented that decided on the minimum wage  to be given to the journalists.. This act defined journalists and also its types like who is an editor, a reporter, etc. This also gave job guarantee and appointment letter to the working journalists. It also stated that no journalists shall be fired or taken any such actions before their due date. And a journalist working for more than 240 days would be a permanent employee.

There is a committee, named Ksyatipurti Samiti (Compensation Committee) that receives complaint of journalists regarding the mistreatment of their employer, in case of getting fired from the job without prior notice, etc. and helps compensate the victims. Moreover, they could also file a complaint in Labor Court. Also the Right to Information Act was enforced. Hence, Nepali press is freer now compared to the previous times and it is one of the countries in South East Asia that enjoys maximum freedom.

Nepali Media: A Brief History

Although the institutional history of Nepali press could be traced back to 1851 when Rana Prime Minister Jung Bahadur Rana installed a printing press (the Giddhe Press), or in 1901 when the state-owned newspaper, the Gorkhapatra, was launched, its practical history begins in the 1950s, after the fall of Ranas, when several pioneering journalists took to publishing newspapers in a transitional democracy.

Thirty years after the royal takeover of 1960 represented a repressive press system. During this time, press enjoyed limited rights and lobbied, to some extent, for a multiparty democracy that could guarantee press freedom.
After the Restoration of democracy in 1990 a drastic change came in the Nepali Media particularly in the private sector. Liberal provision and guarantee of press freedom enshrined in the constitution opened up avenues for the private sector to involve on media sector. The 1990's democracy yielded by the People's Movement also established rights and freedom of the press. The Constitution of the Kingdom of Nepal (1990) formally guaranteed the freedom of press and publication.

The 1990 Constitution of Nepal says-

No news/articles 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, 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 an any act which may be contrary to decent public behavior or morality.
No press shall be closed or seized for printing any news item, article or other reading material.
The registration of newspaper or periodicals shall not be cancelled merely for publishing any news item, article or other reading material (Article 13).
And, according to Article 16 of the Constitution, 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.

During Maoist Insurgency: and King's Direct Rule:

Unfortunately, however, journalism and civil liberties were subjected to victim not only to the government machinery, but also to the violent Maoist insurgency forces in the recent years.
During the first State of Emergency (26 Nov 2001-29 Aug 2002), eight journalists were assassinated, six of them by the security forces and two by the rebels. And more than 150 were arrested and tortured in various ways.
Nepali journalism suffered a lot while it waged a massive struggle against the King's direct rule. The Nepali press suffered worst form of suppression from the state and also did not remain aloof from the threats, obstructions and violence from the insurgents.
The government enforced various restrictive and controversial draconian ordinances that curbed press freedom as the people's right to information despite the fact that the nation's constitution guaranteed full press freedom.
Private sector press was subjected to acute censorship and FM radio stations have been totally banned to broadcast news and current affair programs.
Newspapers were asked by the government not to print any material on security operation or Maoist insurgency without scrutinizing the facts from the Army. Most newspapers outside Kathmandu have suffered intimidation or arbitrary suspension at the order of District authorities. Nearly 50 percent of local publications were closed down owing to unfavorable conditions created by the State.
Due to prohibition on news and news-based programs over private radio stations and strict censorship even on TV channels, several media managements either closed or curtailed programs and relieved staff members. As a result, many journalists have become jobless
People were completely deprived from right to information and other civil rights such as right to free movement inside the country and freedom of expression and of opinion.
Following the February 1 Royal takeover and the imposition of State of Emergency for the second time since 2001, journalists repeatedly faced arbitrary arrests, detention and interrogation. Many journalists were re-arrested even after the Court’s order for their release.

After Restoration of Democracy in 2006:

Despite a historic year for Nepali politics, the country's media faced significant harassment and obstruction; however it contributed enough in bringing the country back to democratic path being a part of the 2006 April Uprising. Ever following the restoration of democracy and signing up of Comprehensive Peace Accord between the Nepali government and CPN (Maoist), a rebel force, Nepali media and media workers did not witness a sigh of relief and respite from the brutal attacks and blatant violation of press freedom perpetrated by the state, CPN (Maoist) including other agitating parties. During the period from April 25, 2006 to April 12, 2008 after the democracy, altogether 676 journalists and media workers (266 in 2064 BS and 410 in 2065) experienced various incidents of press freedom violation. Likewise, three journalists were killed during this period.

The promulgation of Right to Information Act-2064, Working Journalist Act-2064 (Second Amendment) and constitutional guarantee of freedom of press and expression in the Interim Constitution-2064 have been the remarkable achievements yielded in Nepali press.

During the Terai movement launched by Terai-based various agitating parties and groups, Nepali media witnessed another setback as it was manipulated and numerous incidents of attack and atrocity in the series of political confrontation and clash erupted in the Tarai region In short, there is still need for Nepali Media to wage struggle for their professional and physical safety as well as to establish freedom of press and of expression in Nepal.

Press Laws and Press Freedom in Nepal

The press or the media is considered as the fourth estate of a nation. Its duty is to keep the citizens updated on the events happening around and keep them closer to the truth. Hence, the press should be free and not under control of anyone, be it state or a private body. The press needs to be free in order to give factual and accurate information and awareness to the citizens.
Every country has their own provisions for press freedom, however, in Nepal, freedom is guaranteed in two different laws that are:
1. Constitutional law, and
2. Ordinary law
i). Constitutional Law
This is also known as directive or fundamental law. It guarantees right to freedom of speech, opinion and expression. It also included specific laws regarding press, publication and broadcasting.
Laws regarding press freedom are:
- Right against pre-censorship
- Right against seizure or closure of press
- Registration can’t be cancelled because of what had been published.
ii). Ordinary Laws
This law refers to the Acts in media sector. It includes the Freedom of Information from Information Commission (Suchana Aayog).
One of the important parts of ordinary law is the Working Journalist Act. This act defined journalists and also its types like who is an editor, a reporter, etc. This also gave job guarantee and appointment letter to the working journalists. It also stated that no journalists shall be fired or taken any such actions before their due date. And a journalist working for more than 240 days would be a permanent employee.
There is a committee, named Ksyatipurti Samiti (Compensation Committee) that receives complaint of journalists regarding the mistreatment of their employer, in case of getting fired from the job without prior notice, etc. and helps compensate the victims. Moreover, they could also file a complaint in Labor Court.
Nepal Chapakhana Ain of 1946 (2003 BS) had no provision of press freedom. The Law of Nepal Government, 1947 (Baidhanik Kanun, 2004 BS) guaranteed freedom of speech, expression and of press as fundamental rights. It was the first Constitutional provision made for the freedom of the press. However, The Press and Publication Act, 1948, was issued to make limitation of press freedom more clear.
Nepal Press and Publication Registration Act, 1951 and Press and Publication Act 1952, were issued. The latter replaced the Act of 1948.  Registry Act, 1951, made different provisions regarding registration of newspapers and magazines. Citizen Rights Act, 1955, also assured the freedom of speech and publication to every citizen. The press during this democratic period was relatively free than Rana period. The press laws were liberal and the press, in democratic period, enjoyed full freedom.
Although the Interim Constitution of Kingdom of Nepal, 2007 BS, gave freedom of expression, speech and other fundamental rights, there was no legal guarantee for press freedom. It was only after 2015 B.S. when the third Constitution of Kingdom of Nepal 2015 BS was drafted, press freedom was guaranteed. This constitution lasted for three years.
In the year 1979, May 24, referendum was declared and election date was set for 1980. During this one year, press enjoyed full freedom. However, the press could not relax for more than a year. As soon as, the result of referendum was declared in favor of “reformed” Panchayat system, the established authority again started to impose the same laws, making them even harder. Freedom of Speech and Publication Act, 1980, and Press and Publication Act,1982, are some of the examples.
The another example of more restrictive measure was the Rastriya Samachar Samiti Act of 1962, that empowered the government to dissolve Nepal’s two independent news agencies and to replace them with the government-run Rastriya Samachar Samiti (RSS) or National News Agency. Several newspapers lost their license for being critical of the government. The Press and Publication Act of 1975 placed further restrictions on the press.
The Constitution of the Kingdom of Nepal, 1990, guaranteed freedom of opinion and expression, press and publication rights and the right to information in its article 12(a), 13(1,2,3) and 16. Following the promulgation of the Constitution, different acts including Printing and Publication Act, 1991, and National Broadcasting Act, 1992 were passed in order to provide an appropriate environment to the media sector.
Printing Press and Publication Act,1991 guaranteed that the property of any registered press will not be seized by the government because of what it has printed/published.
Press Council Act of 1992 gave media/press pass to the journalists, started implementation of Code of Conduct and also registered complaint against the media or journalists and take appropriate actions against them
National Broadcasting Act, 1992, looks upon the registration process of broadcast media, their license fee, updating, etc.
The RSS Act was amended after a year of restoration of democracy and it also allowed private news agencies as well.
The state of emergency was imposed on 26 November 2001, which suspended civil liberties as well as fundamental rights. At least seven Constitutional articles and clauses including right against pre-publication censorship were suspended.
International Human Right Organizations declared that Nepal had turned into the world’s biggest prison for journalists because of no freedom of expression and also due to the rapid murder of many Nepali journalists for bringing out the truths.
The Interim Constitution of Nepal, 2007, has principally guaranteed freedom of the press, publication and broadcast. Sudden ramification was done for radio license and many radios got license.
The Interim Constitution has added two more provisions that are:
- The means or the tools of communication (telephone, radio, etc.) cannot be obstructed
- Right to the freedom of information.
Moreover, the Working Journalist Act was implemented that decided on the minimum wage  to be given to the journalists. Also the Right to Information Act was enforced.

Hence, Nepali press is freer now compared to the previous times and it is one of the countries in South East Asia that enjoys maximum freedom.