Media freedom on trial: journalists in Nepal face growing legal and political threats [Trend Analysis]
MEDIA ACTION NEPAL/ October 18: Media freedom in Nepal is increasingly under threat as journalists face mounting legal and political challenges. The recent imprisonment of two journalists for publishing a fake audio clip on their news portal, followed by their release after a written apology, has sparked concern within the journalism fraternity. This case, which reflects the judiciary’s growing intolerance of media criticism, marks a dangerous precedent. At the same time, the former Prime Minister Sher Bahadur Deuba, has shown disdain for press inquiries, with incidents of journalists being denied access and mistreated in public.
In addition, Media Action Nepal has reported nine cases where journalists have faced intimidation and mockery while performing their duties, signaling a concerning trend that undermines the constitutionally guaranteed freedom of expression. This dual pressure from judicial and political forces places media freedom on trial, threatening the core democratic values that protect an independent press.
This dual pressure from judicial and political forces places media freedom on trial, threatening the core democratic values that protect an independent press.
Judiciary beyond criticism: a threat to democracy
Through our reported cases of press freedom violations in Nepal for six months, Media Action Nepal has deemed that judicial bodies beyond criticism are dangerous for any democratic state as they are directed towards the dictatorship regime by the rulers. In a democratic state, even the apex judicial body must be subject to critiques as judges are humans only and appointed by politically affiliated and elected representatives, which they have ensured that authority during writing the constitution with clear motives for themselves.
In a democratic state, even the apex judicial body must be subject to critiques as judges are humans only and appointed by politically affiliated and elected representatives, which they have ensured that authority during writing the constitution with clear motives for themselves.
Ensuring accountability without sacrificing press freedom
However, our report doesn’t imply that the media should have the ultimate power to drag into controversies, flaring up any issues with ill intentions. Media should also be subject to reparations and compensation to the victims set by the press regulatory bodies in the state based on statutes in the country. For instance, if drivers break any rules, their license is seized for a few weeks and asked to sit in the learning classes of driving skills provided by trained traffic officials rather than jailing them.
Similarly, legal reforms could be introduced to ensure that every individual and institution is open to constructive criticism, with input from both legal and media experts. However, no journalist should ever face imprisonment solely for writing or broadcasting through the media. That said, criminal offenses committed under existing laws should not be exempt. Journalists found guilty of publishing misleading, false, or malicious content with the intent to harm should face fines, penalties, and be required to issue public apologies
However, the recent dramatic development in Nepal has portrayed the dual nature of a democratic state, which is not leaving any stone unturned to discourage the constitutionally guaranteed freedom of expression.
Journalists Nabin Dhungana and Yubraj Kandel, who were sentenced for three months in prison recently for contempt of court after they published a fake audio on their online news portal Sidhakura.com, were released on 6 October after they submitted a written apology to the apex court saying that they would not repeat as such again as the apex court had stated in its verdict in accordance with Section 17(4) of the Administration of Justice Act, 2016 (2073 B.S.).
Political allegiances and legal rulings erode media independence
This verdict has set a new benchmark in the history of Nepali journalism in a polarized way, as the majority of the journalists are split in two camps in Nepal due to their alleged political inclinations.
However, both camps need to internalize the message of the apex court critically without any cognitive biases that any journalists in Nepal could be jailed now, despite staying adamant that they have any political connections or affiliations. As a result, it’s very critical time that the journalism community becomes capable of comprehending the critical message delivered by the state through it’s one of the organs, and the media, stop taking pride in that are ‘fourth estates’ because it’s not and it’s not stipulated in the supreme law—the Constitution.
Furthermore, a journalist was pushed aside while attempting to use a boom mic to question former Prime Minister Sher Bahadur Deuba at the federal parliament. Deuba, who has served as prime minister five times and currently chairs the largest political party, the Nepali Congress, is vying for his sixth term as the head of government.
This shows the clear intentions of parties in power that they’re not ready to entertain the press freedom guaranteed to the public and press and channelize their each mechanism to encroach upon it. In addition to this, there are nine more cases reported by Media Action Nepal that substantiate this claim that media and media persons face increasing threats while they are merely performing their duties, such as collecting news or approaching for reporting purposes. They are often denied and mocked for performing their duties.
Press freedom under siege: a disturbing landscape for journalists in Nepal
Based on the above table and analyzing them, it could be clearly put that the situation of press freedom is not enchanting in Nepal, although the preamble of the constitution of Nepal stipulates press freedom and later ensures it through its fundamental rights in Part 3. However, it has appeared as a constant struggle between the governor and watchdog community in safeguarding what is guaranteed by the constitution.
The first reported case in the table, Citizens should refrain from impeding the free flow of information, proves how personal vendetta is channeled to fulfil political aspirations, harming free speech and influencing politically inclined individuals. Another case that reports that a journalist was threatened, beaten and robbed while reporting clashes at Pashupatinath depicts how journalists are not safe for merely performing the very basics of journalism from religious communities with ill-intentions.
Another case reveals the hostile situation in the country from barring journalists from investigative reporting. A journalist received death threats after exposing corruption in a mega project that is reportedly struggling to collect its revenue. Similarly, in another case, a journalist was harassed and forced to delete photos taken by security forces in collusion with government officials after the journalist photographed their carelessness.
In the next reported case, a provincial minister publicly insulted a journalist, saying he should be physically attacked for merely reporting the minister’s obscene dressing in his cabin. Meanwhile, another incident occurred on the same day where two Pokhara-based journalists were beaten and injured, and their equipment, including their cameras and phones, was snatched by the agitating transport workers despite the fact that they shouted and informed the crowd that they’re journalists and revealed their identities.
The carelessness over fundamentally ensured rights appeared to be blatantly threatened as an editor was threatened to be bombed by hired goons by a political party. This is an anarchic act by a political faction that clearly violates constitutionally guaranteed fundamental rights and directly attacks press freedom, according to Media Action Nepal.
In another case, police confiscated equipment and assaulted a journalist while he had gone to his reporting work. However, police arrested and assaulted the journalist, seizing and snatching his reporting tools.
However, an alarmingly concerning incident occurred after an envoy threatened a working journalist for merely his reporting work. In this particular incident, the Chinese envoy took to social media platform ‘X’ and intimidated the journalist.
Political, security and diplomatic entities undermine journalistic integrity in Nepal
The troubling state of press freedom in Nepal is underscored by a pattern of violence, intimidation, and repression that stifles journalistic expression. Despite constitutional guarantees, journalists are subjected to threats, physical assaults, and unlawful detainment as they attempt to fulfill their fundamental role as watchdogs of democracy.
In summary, the violations reported by Media Action Nepal suggest that political leaders, security forces, and diplomatic entities are actively undermining press freedom rather than safeguarding it. Furthermore, judicial bodies appear to be stifling dissent instead of establishing a clear framework to protect the rights of the press.
Political leaders, security forces, and diplomatic entities are actively undermining press freedom rather than safeguarding it. Furthermore, judicial bodies appear to be stifling dissent instead of establishing a clear framework to protect the rights of the press.
Protecting press freedom amidst growing hostility and dissent
The alarming incidents reported by Media Action Nepal reveal not only a systemic failure to protect press freedom but also an unsettling trend where political leaders, security forces, and even foreign diplomats undermine the very rights they are supposed to uphold. In a climate where dissent is met with hostility, the integrity of democracy hangs in the balance. It is imperative for civil society, legal advocates, and the international community to rally together in defense of press freedom, ensuring that journalists can operate without fear and contribute to a transparent and accountable government. The time to act is now, or the voices of truth will be silenced forever.
It is imperative for civil society, legal advocates, and the international community to rally together in defense of press freedom, ensuring that journalists can operate without fear and contribute to a transparent and accountable government. The time to act is now, or the voices of truth will be silenced forever.
