Nepal’s “Moderate” Media Integrity
Nepal's media are "strong" in freedom, but "weak" in credibility and security, says the annual Global Integrity report.
Nepal’s “integrity” in terms of good governance and the fight against corruption practices is best exemplified by its Civil Society, Public Information System and Media, says Global Integrity in its integrity indicators for 2009 released recently
The Washington, DC, USA-based Global Integrity, which tracks governance and corruption trends globally, awards Nepal’s Civil Society, Public Information/Media (category I among 6 other indicators) a combined score of 80 (“strong”).
As subcategories within the first category, the country’s media is given the score of 79 (“moderate”), while Public Access to Information a score of 71 (“moderate”), and its Civil Society Organizations get 91 (“very strong”).
The following are the scores for the other 5 categories: Elections 58 (“very weak”), Government Accountability 57 (“very weak”), Administration and Civil Service 63 (“weak”), Oversight and Regulation 75 (“moderate), Anti-Corruption and Rule of Law 68 (“weak”).
Media’s score (79) compares closely with three other sub-catogories-- Voting & Citizen Participation (78), Election Integrity (79) and National Ombudsman (78).
The report, a major investigative study of 35 countries, says that despite the enactment of several laws in 2007 designed to curb corruption in Nepal, the lack of political will and a turbulent political environment have completely stalled Nepal’s anti-corruption agenda.
Implementation of key legislation, such as the Rights to Information Act, the Anti-Money Laundering Act 2008, the Good Governance Act and the establishment of the Public Procurement Monitoring Office, has not been a priority for the government, which since 2007 has shifted its attention to peace building and elections. Today, that anti-corruption legal framework is weakly enforced and the impunity of high-profile government officials is widespread, the report says.
“The country's anti-corruption institutions lack consistency in approach and clear areas of jurisdiction, which frequently results in overlapping functions. The existing anti-corruption agencies primarily target low-level bureaucrats and rarely go after senior officials,” said Global Integrity’s Managing Director, Nathaniel Heller.
The following is the edited version of the study’s take on Nepal’s media, measured in terms of 7 different questions:
1. Are media and free speech protected? (Score: 100)
In law, freedom of the media is guaranteed.
Freedom of the media is guaranteed as a fundamental right in the Interim Constitution of Nepal, as Article 15 of the Constitution specifically provides for "Right regarding Publication, Broadcasting and Press". The other constitutional provisions include: (1) Article 12, Right to Freedom (2) Article 27, Right to Information (3) Article 23, Right to Religion (4) Article 28, Right to Privacy. There are other statutes and Acts also which guarantee this right. They are: (1) Citizens' Rights Act 1955, (2) Press and Publication Act 1991, (3) National Broadcast Act 1993, (4) Working Journalists Act 1995, (5) Press Council Act 1991, (6) Defamation Act 1959, (7) National News Service Act 1962, (8) Radio Act 1958, and (9) Gorkhapatra Corporation Act 1963.
Nepal witnessed a vibrant growth of media especially after the promulgation of the Constitution of the Kingdom of Nepal 1990. With the success of People's Movement in 1990, free media was realized as the pillar of democracy; hence, a number of media organizations came into being. Since then Nepali media have been contributing in three strategic components of anti-corruption drives: preventing, analyzing and fighting. However, lack of training, poor professional standards, the dearth of investment into investigative reporting, and the non-implementation of the statutes/Acts make it difficult, and sometimes impossible, for journalists to access, impart or disseminate accurate information; let alone the political biases and partiality they practice in their reporting.
Apart from that, media development in Nepal remains constrained by inadequate legislation and/or implementation of laws as well as the lack of both institutional capacity of media organizations and resources (human and material). There are two vital laws enacted for protecting the rights of journalists and media freedoms. These include the Working Journalists Act and the Right to Information Act (18 July and 8 August 2007 respectively). However, both laws have not been enforced due to the lack of appropriate regulations and other implementation-related issues.
In law, freedom of speech is guaranteed.
Comments: In principle, freedom of speech has always been regarded as a fundamental right in Nepal. However, in practice, state-run media has always been the mouthpiece of the ruling party, and it is often misused to propagate respective political ideologies. One of the latest examples is that Nepal's Maoists were accused of curbing free speech while they were in the government (AlJazeera TV Report of 13 July 2008). Besides, different outfits affiliated to the Maoists, including the Young Communist League (YCL), are reported to have been engaged in storming the media house (Himal Media) and physically attacking the media persons, simply for the reason that differing opinion was expressed.
Peer Review Comments: In law yes, but in practice no. The Maoists hardly enjoy their fair criticism and the journalists who oppose their methods or ideology are often subject to threats.
2. Are citizens able to form print media entities? (Score: 75)
In practice, the government does not create barriers to form a print media entity.
Comments: There are no barriers to forming a print media entity, normally. State atrocities against the press have stopped since the establishment of loktantra (democracy) on April 24, 2006. However, although the country has become Federal Democratic Republic, therefore ending the 240-year long monarchy, the journalists who have been synonymous with this struggle still have not been able to enjoy press freedom even after the democratic government was in place. The freedom of press has narrowed which is shown by the increasing murders of journalists, attacks on the press, interference and threats. The journalists are becoming insecure with each passing day due to the lack of action taken against those who are involved in suppressing press freedom.
In law, where a print media license is necessary, there is an appeals mechanism if a license is denied or revoked.
Comments: The appeals mechanism for when a print media license is denied or revoked lies with the Appellate Court. The Appellate Court is the second in the tiers of judiciary that have general jurisdiction over appeals.
In practice, where necessary, citizens can obtain a print media license within a reasonable time period.
Comments: There is no fixed time frame or standards for obtaining a print media license . A license may be obtained within one to three months depending on the media type. In most cases, citizens can get a print media license within a week whereas electronic media may have to wait a little longer than print media because there is need for approval from the Ministry of Information and Communication for frequencies of transmission. However media owners, who can exert power, may get such a license even within a day. In other cases, ordinary citizens may encounter delays due to traditional bureaucratic procedures and, most often, due to unwillingness on the part of officials when applicants do not offer "consideration" (speed money).
Peer Review Comments: It took many years for Sagarmatha FM, the first community-owned FM radio station, to start operation in post-1990 Nepal.
3. Are citizens able to form broadcast (radio and TV) media entities? (Score: 69)
In practice, the government does not create barriers to form a broadcast (radio and TV) media entity.
Comments: There is no such barrier to forming a broadcast (radio and TV) media entity, legally and politically. There is much more media presence especially after the second people's movement of 2006. A number of private television channels are in operation. The trend of establishing new television channels continues as Terai TV has already started broadcasting whereas a couple of new television channels, including News 24, are in the offing.
Similarly, there are more than 20 commercial and community FM radio stations in the Kathmandu valley alone. The number beyond the Kathmandu valley is also large. However, Nepal has yet to amend the laws and regulations on broadcasting in the spirit of the guarantees provided by the Interim Constitution and the recommendations of the Media Commission. The outcome has been rapid but haphazard growth in licensing new broadcasters, especially FM radios, whose management, growth and sustainability remain major challenges.
In law, where a broadcast (radio and TV) media license is necessary, there is an appeals mechanism if a license is denied or revoked.
Comments: The Appellate Court hears the appeals when a broadcast license is denied or revoked. Like other types of media, both radio and TV are equally entitled to appeal in the event of a denial. The Press Council of Nepal, a statutory body, also looks into such matters and may make suggestions to the Government of Nepal.
In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license within a reasonable time period.
Comments: No fixed terms and standards for obtaining a broadcast (radio and TV) media license within a reasonable time period are prescribed. Obtaining a license may take from one to three months depending on the media type, and an applicant's efforts, including follow-up as well as his/her political connections. The licensing process may take even longer if frequencies of specific areas are not available.
In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license at a reasonable cost.
Comments: Licenses for a broadcast (radio and TV) media license can be obtained upon paying prescribed nominal government fees. The cost of a broadcast license is relatively costly compared to the print license.
4. Can citizens freely use the Internet? (Score: 100)
In practice, the government does not prevent citizens from accessing content published on-line.
Comments: No restrictions regarding the access to content published on-line have been imposed so far. Nepal's rural population still does not have adequate access to the Internet when compared to the urban population. However, Internet use is being expanded, even in semi-urban and district headquarters, and people can have access to it provided they do have the knowledge and skill of operation. The government has enacted the Cyber Act to govern this area; the Act, however, is still not effectively implemented because of the lack of capacity and mechanism.
The Electronic Transaction Act (Cyber Act) 2006 has not only legalized all forms of electronic transactions and digital signatures but has also clearly spelled out ways to regulate various computer-based activities and punish cyber crimes. The computer and cyber crimes such as hacking, piracy, copyright violation, fraudulent and all other deceitful activities have been clearly defined and punishments are set accordingly. The action against such crimes and punishment will be in the range of a minimum 50,000 Nepali rupees (US$673) to a maximum 3,000,000 (US$40,376) Nepali rupees in cash and six months to three years of imprisonment.
The Act has set forth legal framework, administrative and application mechanism for electronic transaction and digital signature. Besides legal validity of electronic records and digital signature, the Act has made a provision of Comptroller of Certification authority (CCA). The Act is divided into 12 sections and 80 clauses with detailed information on role and rights of the regulator, certification authority, customer, government and all the concerned stakeholders. It has also envisaged a separate judicial body, the IT Tribunal, and the Appellate Tribunal, to look into all cases related to computer and cyber crimes. The 3-member tribunal shall be headed by the district court judge or legal officer of equivalent status. The tribunal shall be responsible for preliminary cases, while the appellate tribunal will look into major appeals.
The electronic transaction and digital signature is valid not only for the private sector but also for the government agencies. It allows the government offices to use electronic medium for tender notice, vacancy announcement and others. It also validates public procurement and acceptance of electronic applications.
In practice, the government does not censor citizens creating content on-line.
Comments: Censorship of online content is not practiced generally. Any online content or material, as long as it does not violate the law of the land, can be created and posted. The Cyber Act restricts and controls unlawful contents on the Web. The government has started to regulate in this area; focused intervention, however, has not been possible due to the transition period. In the absence of established monitoring mechanism, strict scrutiny is impossible.
5. Are the media able to report on corruption? (Score: 75)
In law, it is legal to report accurate news even if it damages the reputation of a public figure.
Comments: No radio station, television channel, website or other type of digital or electronic means; or press or any other communication media of Nepal shall be censored, closed, seized or have its registration canceled for printing and publishing any news item, article, editorial and writing.
In practice, the government or media owners/distribution groups do not encourage self-censorship of corruption-related stories.
Comments: No restrictions or self-censorship regarding corruption-related stories have been imposed by the government generally. However, attacks against the media and journalists continues unabated in Nepal. Various groups that have been accused of attacking the media and journalists are affiliated with political parties and groups all of which have specific demands for inclusion in the new constitution.
Journalists have been attacked for both reporting and/or not reporting on these groups and their demands in the ways the proponents would have liked. Attacks on the media intensified after July 2008. Besides, the law and order situation in Nepal has deteriorated and many parts of the country have little or no government presence. The security situation has also worsened. General insecurity, especially that of media workers, has also been reported mainly in the eastern region's hill districts. In the southern plains there are over a dozen armed groups claiming to represent the demands of the Madhesi people, whilst violence in the hills is related to the demand for establishing autonomous identity-based provinces.
Furthermore, media companies have faced increasing disruptions owing to trade-union related disputes championed by workers affiliated with the Maoist party. The government has failed to bring those accused of violence against journalists to justice. The authority's inability to guarantee justice to the victims has sent the message that it is acceptable to attack the media, which could have long-term implications in a society with weak or almost non-existent law enforcement.
Peer Review Comments: The owners who depend on advertising money from business houses do their part in trying to pressure their reporters. There have been several cases, most of which go unreported, outside the organizations of the newspaper owners where stories were "ordered" to be dropped.
In practice, there is no prior government restraint (pre-publication censoring) on publishing corruption-related stories.
Comments: Because of the constitutional and statutory provisions, media cannot be prevented legally from publishing or airing controversial or corruption-related materials. It is the general practice, however, that media houses themselves opt for self-censorship in the event of lack of reliable evidence. In some cases, any story which does not have a "news value," or is related to the owner of that particular media, may not be published. Whereas in other cases, journalists get discouraged due to security reasons as armed groups often threaten journalists, especially in regard to extortion-related stories.
6. Are the media credible sources of information? (Score: 65)
In law, print media companies are required to publicly disclose their ownership.
Comments: Because laws require mandatory registration, ownership must be disclosed by the media entities in Nepal. So far as the ownership is concerned, foreign investment is also reported in media but the real investors often are not reported on because these investors use Nepali citizens as cover for completing the legal formalities.
In law, broadcast (radio and TV) media companies are required to publicly disclose their ownership.
Comments: Ownership of broadcast (radio and TV) media companies is automatically disclosed, as registration and formal legal process is mandatory.
In practice, journalists and editors adhere to strict, professional practices in their reporting.
Comments: In Nepal, the Federation of Nepalese Journalists (FNJ) and Press Council Nepal (PCN) have jointly developed the code of conduct for journalists. The Press Council of Nepal is the statutory body that regulates the press in terms of the implementation of the said code of conduct. Section 12 of the Nepal Press Council Act provides for hearing and settlement of complaints against abuse of press freedom by media practitioners from any person or a party aggrieved.
There has been a steady increase in the number of complaints lodged by private parties in subsequent years. Most of the complaints deal with the violation of the code of conduct prescribed by the Council. For instance, PCN received 10 complaints during 2007/08 and 16 complains during 2008/09 fiscal year. From fiscal year 2009 up to 2009 BS, a total of 113 complaints were filed at PCN. Among them 39 were categorized as defamation.
A noted civil society activist in Nepal has this to say about media professionalism: "When a news items gets published in a newspaper about an alleged act of corruption, it is sometimes difficult to differentiate if it is (1) a professional medium at work, (2) a ploy to defame a political adversary, (3) a proxy shot at an honest person on behalf of media groups or (4) even a notice of extortion."
Part of the reason is that although a professional journalist is appointed as chairman of the press council, PCN lacks the capacity to effectively implement the code of conduct because the appointment is political, so he or she may be influenced by political ideology or by the individual who appointed her or him. In addition, journalists' salaries and incentives are inadequate, so breach of code of conduct cannot always be prevented, especially in the tabloids. The code of conduct is limited to mere formality.
Peer Review Comments: The majority of the journalists working for the leading newspapers, television, radio and other publication outlets follow ethical standards and are mostly unbaised in their reporting, with the exception of the newpapers or publications that are mouthpieces for political parties or government-owned media.
Peer Review Comments: Maintaining standard practices inside media houses largely depends upon the financial condition of the publication houses themselves. In general, you can see standard practices being followed in the media houses if their income is enough to meet expenses and generate profits for investors.
In practice, during the most recent election, political parties or independent candidates received fair media coverage.
Comments: Nepal's media is vibrant and diverse and has the potential to play a major role in facilitating debate and discussions on constitution making and state building. However, its ability, and that of journalists, to facilitate impartial dialogue is contingent on building a fear-free environment where journalists can work independently and impartially while communicating messages to and from readers and audiences.
A few professional media houses or organizations apart notwithstanding, many mainstream and popular media in Nepal are not free from political biases. It is apparent that party politics still continues to have undue influence within the journalistic community itself (to the extent that some journalists' trade unions are based on party affiliation) at the expense of professional interests and solidarity. This political affiliation puts at risk the ability of the media to provide unbiased coverage and facilitate impartial dialogue on the complex issues related to state building. There have also been reports of identity playing into the already politicized divisions.
More recently, there has developed a trend of establishing media entity just to propagate the respective political ideologies or issues. The latest example is that many madheshi groups have established different media just to further their agenda of so called "one madhesh: one province."
In practice, political parties and candidates have equitable access to state-owned media outlets.
Comments: Throughout the history, state-owned media have never been independent in Nepal. The party in power has always controlled the media to routinely discriminate against the opposition. The opposition parties, therefore, do have limited access. The situation gets even worse in the event of a coalition government. It is a general practice that the minister, who oversees the Ministry of Information and Communication, monopolizes the media as much as possible.
Peer Review Comments: The Ministry of Information and Communication is a favored ministry because it controls the state media. The state-owned media acts like the government and, by extension, the ruling party s (or even the party that occupies the portfolio) propaganda machine. Therefore, fair media coverage for all the candidates is still a far cry from reality.
7. Are journalists safe when investigating corruption? (Score: 67)
In practice, in the past year, no journalists investigating corruption have been imprisoned.
Comments: No reported case of formal imprisonment of journalists for investigating corruption. However, the data available with Press Freedom Monitoring Unit of the Federation of Nepalese Journalists suggests that there were 32 arrests and detentions during a period from May 2008 to April 2009.
Peer Review Comments: There were no journalists arrested or jailed for investigating or writing about corruption cases.
Peer Review Comments: Yes, there were some arrests of journalists, but not because they were investigating stories on corruption cases.
In practice, in the past year, no journalists investigating corruption have been physically harmed.
Comments: No reported case of actual harm, particularly to the journalists covering corruption, by the state. However, the Federation of Nepalese Journalists reports an instance of the police beating up the Biratnagar-based reporter Gokul Parajuli who went to report on news at Urban Development and Building Construction's Office; however, there is no clear mention about whether he was there to cover corruption-related news.
Besides, there are plenty of incidences of interference by the non-state actors. One such mentionable incident involves a group headed by the Vice-President of Media Printing Labor Association Ramesh K.C. and Hotel and Restaurant Labor Association Central Chairman Ramesh Babu Pant who were involved in attacking the reporters of Himal Khabarpatrika and vandalizing their office property.
Peer Review Comments: There was no such cases reported.
In practice, in the past year, no journalists investigating corruption have been killed.
Comments: Nepal's political system became supportive of press freedom and freedom of expression after April 2006, but media and journalists continue to struggle for their safety in a climate of growing impunity. Contrary to the general expectation that the installation of an elected government would lead to improvements in the media environment, the situation began worsening in mid-2008 with the killings of two journalists.
However, there is no reported case of a journalist who was investigating corruption being killed. Yet, the Federation of Nepalese Journalists has recorded over 342 incidents of press freedom violations between January and December 2008. Two journalists were killed in Nepal this year. Among those killed were Janakpur-based reporter Uma Singh and Kailali-based reporter J.P. Joshi. The whereabouts of Kanchanpur-based reporter Prakash Singh Thakuri is still unknown, even after two years after his abduction.
Peer Review Comments: No journalist has been reported killed for this reason.
Peer Review Comments: Yes, some journalists were killed in the past, but not because they were involved in any investigation of corruption cases.
> For referenced text on media, go here.
> For the entire report, go here.
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Posted by Editor on March 5, 2010 03:09 PM