Media laws at Nepal
Nepal's media laws are shaped by its Constitution, the Press and Publication Act, and recent legislative developments that have raised concerns about press freedom. Here's an overview:
Constitutional Provisions
The Constitution of Nepal (2015) guarantees freedom of expression and the press under Article 1. It prohibits censorship and ensures that no publication or broadcasting shall be closed or seized solely for its contents. However, the Constitution allows for reasonable restrictions to protect national sovereignty, public order, and morality.
📜 Press and Publication Act (2048 / 1991
The Press and Publication Act 2048 (1991) regulates the operation of press and publication businesses in Nepal Key provisions include:
*Registration Requirement: Individuals or entities must establish a company under this Act to operate a press or publication business.
*Prohibition on Closure and Seizure: The Act prohibits the closure or seizure of a press or publication solely for its content.
*Content Restrictions: It outlines restrictions on publication, including provisions related to press offenses and penalties.
*Press Registrar and Accreditation: The Act establishes the role of the Press Registrar and provisions for press representatives and independent journalists.
🏛️ Regulatory Authorities
**Press Council Nepal (PCN)*: Established in 1957, PCN is an autonomous body under the Ministry of Information and Communication. It oversees the development of press freedom in Nepal and advises the government on related polices.
**Department of Information (DoI)*: Functions as the office of the Press Registrar, registering newspapers and online media, distributing public welfare advertising, and issuing press accreditation to journalists.
**Ministry of Information and Communications (MoIC)*: Oversees the issuance and renewal of licenses for radio and television stations.
⚖️ Recent Legislative Developments
*Criminal Code Act 2018
The Criminal Code Act 2018 introduced several provisions that have been criticized for restricting press freedom:
*Privacy and Defamation Provisions: Sections 293 to 308 criminalize various forms of expression, including unauthorized recording, publication of private information, and defamation. Violations can result in imprisonment and fines.
*Media Council Bill 2024
The Media Council Bill 2024 aims to transform Press Council Nepal into the Media Couni. Critics argue that the bill grants the government excessive control over the media, undermining journalistic independence. Provisions include the suspension of press accreditation and vague definitions of "mass media," which could lead to arbitrary restrictions.
📱 Social Media Regulation
In November 2023, Nepal banned TikTok, citing concerns over social harmony and the spread of hate speech. The government also issued directives requiring social media platforms to open liaison offices in Nepal and to regulate content related to hate speech, fake news, and unauthorized private photos. Failure to comply could result in ans.
📰 Press Freedom Concerns
Recent legislative developments and government actions have raised concerns about press freedom in Nepal. The proposed Media Council Bill and provisions in the Criminal Code Act 2018 are viewed by some as attempts to control and suppress independent journalism. Civil society organizations and media groups have called for amendments to these laws to ensure the protection of press freedom.
In summary, while Nepal's Constitution guarantees press freedom, recent legislative developments have introduced provisions that may restrict journalistic independence and freedom of expression. Ongoing discussions and advocacy by civil society organizations aim to address these concerns and uphold democratic principles.
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