Contempt charges undermine investigative journalism: Media Action Nepal
KATHMANDU | June 25 : Media Action Nepal expresses serious concern over the increasing trend of contempt of court cases being filed against journalists and media outlets, undermining the principles of press freedom.
On May 9, Himal Khabar published a report analyzing trends in rape case verdicts, followed by another story on May 15, regarding Siddhababa’s acquittal. In response, a contempt of court case was filed on May 30, against Himalmedia’s publisher Kanak Mani Dixit, editor Santa Gaha Magar, and senior special correspondent Man Bahadur Basnet. On June 2, the Supreme Court ordered Himalmedia to submit a written response.
In its written response, Himalmedia has emphasized that the news content was published with the belief that there may be flaws in the judicial process, which should be investigated and addressed by the responsible institutions. The publication was intended to contribute constructively to this process and support improvements in the justice system. “This case appears to have been filed with the malicious intent of restricting the constitutionally guaranteed freedom of expression, and therefore, it must be dismissed,” the Himalmedia demanded.
On June 24, the Special Court took action against Drishti Weekly and DrishtiNews.com over a news report published on June 22 titled “Middlemen’s Influence in the Special Court.” The report raised serious concerns about the judiciary, including the operations of the Special Court and indications of possible corruption. In response, the special court issued an order summoning Dristi weekly’s founder Shambhulal Shrestha and the editor M.P. Subba to appear before the court within three days. A contempt case was filed by a court staff member, and the Special Court took suo moto cognizance, preparing a report and issuing criminal charges against Shrestha, Subba and the reporters associated with the media outlet.
In earlier cases, on June 11, the Kathmandu District Court (KDC) issued a short-term interim order directing Bizmandu and Nepal Khabar to delete published news stories and to cease further reporting on the matter. On June 19, the KDC reversed the interim order. An arrest warrant was issued against senior journalist Dil Bhusan Pathak on the same day. The Patan High Court, extended an interim order preventing the arrest of Pathak.
Using contempt of court laws to suppress critical reporting not only discourages investigative journalism but also undermines democratic accountability, said Laxman Datt Pant, Founder and the Executive Director of Media Action Nepal. While it is vital to uphold the dignity of the judiciary, journalism-related issues should be addressed through the Press Council Nepal, a body mandated to handle issues of code of conduct and complaints, Pant added.
While it is vital to uphold the dignity of the judiciary, journalism-related issues should be addressed through the Press Council Nepal, a body mandated to handle issues of code of conduct and complaints, Pant added.