The political changes brought about by the Jana Andolan (people’s movement) of April 2006 resulted in a significant shift in the media environment. In May 2006 the government annulled all media-related ordinances issued after 1 February 2005 and formed a High Level Media Commission to make recommendations on media policy. The government has implemented some of this Commission’s recommendations, including those made by the International Mission. These include the enactment a new Working Journalists Act and the Freedom of Information Act. Nepal was declared a federal republic on May 28, 2008, and the CPN (M) took on leadership of the coalition government in August. Nepal’s Interim Constitution - in effect until a new statute is promulgated- guarantees press freedom and freedom of expression. However, data at the Federation of Nepali Journalists (FNJ) suggest that the press freedom situation has deteriorated considerably since April 2006, especially in terms of the number of recorded violations. In 2008 alone the FNJ recorded over 342 instances of murder, attacks, threats and harassment of journalists and media companies. Included were two murders, 114 instances of attacks against journalists and media companies and 80 instances of threats and harassment. Analysis of the FNJ data suggests that violence against the media rose sharply after July 2008. Most of the reported attacks and threats against the media have taken place in the southern plains that border India and in the eastern hills, which has been the seat for demands for identity-based provinces and autonomy. Incidents of media rights violations peaked in late 2008 and early 2009. Two of the more notable attacks occurred during this period: the remains believed to belong to a murdered journalist who went missing in October were discovered in November 2008 And on 11January 2009 a group of unidentified assailants brutally murdered a young female journalist. The February 2009 International Mission to Nepal had two purposes: to respond quickly to the increasing violence against journalists and media companies and to undertake a rapid assessment of the situation of media rights.
1.1 STATE OF MEDIA
1.1.0 Broadcasting:
Nepal’s broadcasting sector has seen major changes since the popular uprisingin April 2006. After the restoration of Parliament on 24 April, Prime Minister Koirala also oversaw the Ministry of Information and Communication until he appointed a Minister in June. By early 2006 FM stations had resumed news broadcasts – after the 10 August 2005 interim order by the Supreme Court on a writ filed by Nepal FM and other court decisions related to Kantipur FM and Sagarmatha FM. The court had barred the Government from revoking Nepal FM’s licenses after it had defied the ban on news. The Government formed a High Level Media Commission in August 2006. Thereafter, it formed a taskforce to recommend new legislation, which is
being reviewed by the Information and Communication Ministry. However, most of the recommendations relating to the sector remain unimplemented (see Media policy and legal reform). Meantime, the Government has asked the Press Council Nepal (PCN) – the regulator of the print media – to also oversee broadcasting. However, the PCN has been unable to fulfil the role for lack of adequate legislation and capacity. The print and broadcast media have equal legal status. However, the National Broadcasting Act, the Radio Act, the Radio Communication (License) Regulation and the National Broadcasting Regulation, need to be amended
before the provision can take effect. In December 2007 the Government had licensed over 200 new radio stations, taking the total number to around 250. Around a 100 radio stations were broadcasting in December 2007. The number of television licensees has reached 18. Among them seven Nepal based channels are broadcasting – five are private and two state-run. One TV station broadcasts to Nepal from New Delhi, India. The Nepali audience has access to almost all the satellite channels available in South Asia. The state broadcaster Nepal Television began broadcasting in January 1985 and was the only station until independent television channels were licensed in mid-2001.
1.1.1 Analysis of broadcasting Media:
1.1.2 FM Radio:
Harassment of Nepal’s broadcasters by the state ended in April 2006, but the number of problems in the sector have increased. The uncertainty of the transition and lack of clear policy and laws have resulted in unplanned and unmanaged development, inconsistent application of laws and regulation, cut-throat competition, commercialization and politicization (the lack of special provisions governing community radio has contributed to the complexity). Competition is driving the radio stations towards greater market orientation
and higher budgets, thus challenging the public service and community radio principles and practices. Both volunteerism and access of poor and marginalized groups to the airwaves are threatened, more so because
frequencies have been distributed based on a first-come-first-serve basis, but those licensed have often been individuals and groups with access to the political and bureaucratic elite. There are new issues related to the credibility and professionalism in broadcasting. Nepal’s broadcasters comprise a large number of small ventures still in the process of institution building, which tend to be overshadowed by the few larger broadcasters. Generally, the fairly developed broadcasters in Kathmandu tends to eclipse the struggling district FMs, which Nepali journalists said was reason why there was not as much donor support to radio as there should have been. The sporadic donor support to radio is often spent in Kathmandu, contributing little towards institutionalization or sustainability of local broadcasters. As donors have no collective strategy for using radio for enhancing the outputs of their investments in other sectors including peace-building. Sustainability therefore remains a challenge, especially for the real community-run ventures. Another challenge to radio stems from the licensing regime. Existing law does not have enough termination clauses and this has made entry of new broadcasters almost impossible, especially in some regions where almost all available frequencies have been allocated. There are no laws to differentiate commercial and community radios and smaller ventures are subject to the same license and renewal fees applied to all broadcasters. Many stations use inappropriate equipment and technology. Much of the equipment has already broken down or has become outdated. A secular technical support centre for radio accessible to all broadcasters can help to better manage the growth.
1.1.3 Television:
Nepali television is becoming more professional as a result of both in-country and international competition, but this does not mean that the sector does not have serious problems. The technology used by many stations is dated compared to international standards.
1.1.4 Focus area:
The lack of adequate power supply and Nepal’s rugged topography are also two factors that will continue to hamper the reach of television for many more years. Roughly 40% of Nepalis have access to electricity, which is not available year-round, even in the capital. Another problem is the content of television, which seems to be targeting the urban populations (and advertisers) rather than the rural groups, helping thus to magnify the growing rural-urban inequalities rather than contributing towards bridging the gap. The role of television in Nepal’s transformation will remain marginal until the aforesaid challenges can be overcome – which is
unlikely in the short- and medium-terms.
1.2 Print media:
Despite the fact that Nepal’s independent newspapers flourished only since the re-establishment of democracy in 1990, Nepal has a vibrant print media landscape. There are currently more than 4,500 registered newspapers and magazines, although only about 500 of them publish on a regular basis.7 Of Nepal’s roughly 8,000 media practitioners, some 6,000 are involved in the print media. According to the World Association of Newspapers (WAN), hundreds of independent vernacular and English-language newspapers representing various points of view were available in 2007, both in Kathmandu and the districts. The privately-owned broadsheet dailies report largely independently, while the government-owned dailies, Gorkhapatra and The Rising Nepal, reflect government policy. There are weekly newspapers that are close to or even identify with and pledge allegiance to different political parties –including the CPN(M).
1.2.1 Analysis of print media:
With a few exceptions, most newspaper companies are small ventures with low circulation figures, ranging from a few hundred copies to a few thousand. Circulation is affected by the low literacy, relatively high cover
prices and difficulties in distribution, especially in the districts, where security and poor infrastructure make it difficult to deliver newspapers on a timely basis. Regular distribution is restricted mainly to the Kathmandu Valley, which accounts for more than 85 percent of the market. Newspapers are predominantly distributed door-to-door by bicycle. According to WAN, there are approximately 1,000 newspaper outlets in Kathmandu Valley and another 1,000 in the rest of the country. About half of these are stationery or grocery stores doubling as newspaper outlets. The inequitable allocation of state advertising has also had a debilitating effect
on the print media, especially on small and medium-sized newspapers. The Government scrapped the “one-window” advertising policy introduced by the royal government in June 2006. Using this policy, it had deprived independent publications of pubic advertising funds and given state-controlled media preferential treatment for commissions. However, the Kathmandu-based publications still continue to receive the large part of public advertising and existing allocation rules exclude district media from a – perhaps – fairer share.
The working conditions of journalists at most newspaper companies are still not comparable to other industries. Salaries paid to journalists are low. In addition, many newspaper companies do not pay journalists in a timely manner. Nepal’s law bars the cancellation of registration so periodicals once registered stay on the list forever. The Press Council Nepal which classifies newspapers and monitors them has a list of about 2600 publications – dailies, weeklies, bi-weeklies, fortnightlies and monthlies.
Nepal’s decade-long civil conflict has had a profound impact on the print media, with both government forces and Maoist rebels targeting journalists and media houses. Under the state of emergency, from 1 February 2005 to end April 2005, fundamental rights, including freedom of expression and the right to information, were suspended. Soldiers and security forces entered newsrooms, monitoring newspaper copy and warning newspaper companies against disseminating any information that showed the Government in a negative light. In protest, some publications left their editorial pages blank. Hundreds of print journalists were detained, arrested or beaten throughout 2005 and early 2006. Threats came from all sides, with journalists facing interference from Maoists, representatives of the then Royal Nepalese Army8, and from the police. During the popular uprising of April 2006, journalists played a major role in resisting King Gyanendra’s attempts to restrict freedom of opinion and expression, thereby contributing toward the popular shift to democracy. The
situation of the print media improved with the end of King Gyanendra’s direct rule in April 2006. The new Government removed all restrictive directives imposed on the media by the king’s government. The delay in holding a Constituent Assembly election has resulted in a state of lawlessness whereby public security has suffered. Outside Kathmandu, journalists continue to face threats, harassment and violent attacks from a wide range of perpetrators, including local officials, criminal gangs, Maoist cadres, and other armed or unarmed groups. Both the two journalists who were killed in 2007 and the one who was abducted (and whose whereabouts remained unknown since July 2007) were print journalists. Prakash Singh Thakuri edited and published Aajako Samachar; Birendra Sah wrote for the Kathmandu-based weekly, Dristi and Pushkar Bahadur Shrestha, publisher of two local weeklies, Highway Weekly and New Season. These attacks, coupled with the climate of impunity in Nepal, have led to numerous cases of selfcensorship among print journalists.
The print media also continued to face attacks from organisations affiliated with the CPN (M), especially its trade union, the All Nepal Communication, Printing and Publication Workers Union (CPPWU), which sought to prevent the distribution of newspapers for carrying unfavourable news reports about the Union. In August 2007, the CPPWU disrupted the publication of the daily newspapers, the Himalayan Times and the Annapurna Post. Similar attacks continued when the CPPWU prevented the printing of Kantipur and the Kathmandu Post. Nepal’s print media continue to face a wide range of challenges. The high level of illiteracy, insufficient distribution networks and the incapacity of the average citizen to afford a newspaper mean that relatively few Nepalis can read newspapers on a regular basis, especially in the outlying districts. The allocation of state advertising remains a crucial issue, especially for newspapers in the districts, which are more dependent on public advertisements for revenue. The high taxes on newsprint, high postage rates, and the poor working conditions of the average print journalist also need to be addressed.
Whereas violence against journalists by the two sides engaged in the conflict (February 1996 to April 2006) subsided with the onset of the peace process, it is being replaced by a growing pressure, including violent attacks, by identitybased and other social groups fighting for recognition and rights. At the same time, journalists have become targets to a growing number of criminal gangs – that operate with or without political patronage. The vulnerability of journalists could increase during times when the political contests intensify. Many journalists told the Mission that they feel unsafe to even display their press identification while covering rallies and other mass events. Thus, unless law-enforcement agencies manage to provide adequate security for unhampered reporting, and promptly investigate and apprehend the culprits of crimes against journalists (which would also help stem the growing culture of impunity), and unless non-state actors stop treating media and journalists as tools or hostages, the ability of the latter to cover the crucial peace process will be severely restricted. The media, for their part, need to act responsibly in reporting and commentary. The standards should be upheld through self-regulatory mechanisms, rather than by coercion from the state or other outside actors. A Code of Conduct for journalists was enacted by the Election Commission for the election period and it had sought the services of the Press Council for Media, elections and the peace process monitoring compliance and reporting violations. Cases of alleged breaches of the Code of Conduct, or professional and ethical standards in general, are to be referred to the Press Council Nepal to deal with in accordance with its legal mandate. Under this construction no other state agencies, and certainly no political or ad-hoc groups, should be allowed to try and discipline or punish the media for perceived misconduct. The challenge here is to establish an adequate monitoring mechanism. Particular attention should be paid to instances of hate speech and/or calls to violence. Every manifestation of hate speech carried by a media outlet should be promptly identified and unequivocally condemned by the journalistic community. At the same time, the media should strive to provide adequate and unbiased coverage of issues and concerns of disadvantaged ethnic and social groups – both around the election period and in a long-run. Including representatives of these groups (after they receive necessary professional training) in the newsrooms of mainstream media would be a welcome step towards ensuring fair representation of diverse views, and facilitating social dialogue. The media came under attack from different forces during this period, including groups affiliated with political parties and new groups demanding greater say in the constitution-making process. These attacks intensified after mid-January 2007 in the wake of protests by Madhesi groups dissatisfied with the failure of the new constitution to address inclusion of plains-origin people in the state-building process. Over a dozen armed groups claiming to represent the demands of the Madhesi people have emerged since, and the violence, largely targeted against people of hill origin, has not spared journalists. The media also continued to face attacks from organisations affiliated with the CPN(M), especially its trade union. The attacks often resulted in disruption of publication and broadcasting. On 5 October 2007 the Maoists abducted and killed Birendra Sah, a journalist in Bara district. The whereabouts of another journalist Prakash Singh Thakuri, allegedly abducted by the Maoists on 5 July from Mahendranagar in Far-western Nepal, remains unknown. The Janatantrik Terai Mukti Morcha (Jwala Singh) took responsibility for killing Pushkar Bahadur Shrestha in Birgunj of Parsa district on 12 January 2008. However, the Government had taken no action to investigate the death and
bring those guilty to justice. Nevertheless, the independent media community has continued its fight
against different direct and indirect threats to press freedoms and the safety of journalists. Even though Nepal now has “space” for freedom of expression, the difficulties faced by the State in maintaining law and order has resulted in an environment of continuous threats against journalists and press freedom. Nepal has enacted two vital laws for protecting the rights of journalists and media freedoms. These include the Working Journalists Act and the Right to Information Act (8 August and 18 July 2007). However, both the laws remain to be fully implemented for lack of appropriate regulations and other implementation-related issues. Nepal, however, has yet to amend 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. Media development in Nepal remains constrained by inadequate legislation and/or implementation of laws – where they exist – as well as the lack of institutional capacity of media organisations and resources (human and material). Preparing the Nepali media for taking on the challenge to support communications on state-building during the transition requires continuous efforts in training journalists, supporting media organisations in producing content and supporting forums for media to discuss and identify major challenges and the steps to address them.
3.0 Nepal’s media environment 2008- 2009
Nepal’s media environment early 2008, there was 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. Media companies have faced increasing disruptions owing to trade-union related disputes championed by workers affiliated with the ruling UCPN(M)
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 ok to attack the media,’ which could have long-term implications in a society with weak or almost non-existent law enforcement.
There are a number of pending cases in which the government has failed to bring those responsible for attacking the media and journalists to justice has lead to a climate of impunity for those resorting to violence. On 5 October 2007 the Maoists abducted and killed Birendra Sah, a journalist in the Bara district. The whereabouts of another journalist, Prakash Singh Thakuri, allegedly abducted by the Maoists on 5 July 2008 from Mahendranagar in Far-western Nepal, remained unknown at the time of the publication of this
report. The Janatantrik Terai Mukti Morcha (Jwala Singh) took responsibility for killing Pushkar Bahadur Shrestha in the Birgunj region of Parsa district on 12 January 2008. However, the government had not made any asserted efforts to investigate the deaths and bring those guilty to justice. More recently, J.P. Joshi was abducted in October 2008 and what is believed to be his remains were found on 28 November 2008. The Government detained two individuals accused of the murder but investigations have made little progress. On 11 January 2009 a group of about 15 persons murdered Uma Singh, a journalist in her mid-twenties, in the Janakpur region of Dhanusha district. The government investigated the attack but concluded that the murder was related simply to a property dispute - even though there were clear indications that the murder may have been motivated by her work as journalist. The deceased had written critical articles about the ruling party
and the local Maoist leadership. Several media companies came under direct attack from pro-Maoist trade
unions in late 2008. Rather than respond and arrest those identified as responsible, the government waited until the perpetrators “surrendered” to the District Administration and they were later released on bail. The
inability of the police to arrest and detain the perpetrators affiliated with the governing party has sent a clear message that supporters of the ruling party are beyond rule of law.
In 2007 Nepal enacted two vital laws 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). However, both laws have not been enforced for lack of appropriate regulations and other implementationrelated issues. Nepal, however, has yet to amend laws and regulations for the broadcasting sector in the spirit of the guarantees provided by the Interim Constitution and the recommendations of the Media Commission. The lack
of clear regulatory guidelines has resulted in a rapid but haphazard growth in licensing new broadcasters, especially FM radios, whose programming, management, growth and sustainability remain major challenges.
Media development in Nepal remains constrained by inadequate legislation and/or implementation of laws, these exist at all, as well as the lack of both institutional capacity of media organisations and resources (human
and material). Preparing the Nepali media for taking on the challenge of supporting communications needed for state-building during the ongoing transition requires continuous efforts in supporting journalists in difficult
situations, training of journalists, support to media organisations for content production (where applicable) and support to media forums for identifying and discussing major state building challenges and the steps needed to
address them
CONCLUDING REMARKS:
The challenges of Nepali journalism are apparent at all levels of the news process: the system, media organizations, individual journalists, and the larger society. These directly affect the quality of press performance required of any post-conflict society that is dealing with crucial issues of peace-building. Rank and file journalists have rarely been sensitized to approaches and issues involved with post-conflict reporting, although media rights groups and international donors have spent some resources in this area. To achieve what in Nepal is often referred to as “healthy journalism,” there is a need for a coordinated approach to a newsgathering process that emphasizes a deeper understanding of what is meant by journalistic independence and provides support for creativity, collaborative reporting, diversity and tolerant working conditions. Regular assessments of news coverage are also necessary to prioritize news agendas. Under the repressive regime, achieving democracy was the overriding concern for Nepali journalists and other civil society groups, and relentless criticism was their means. They earned widespread public support in that cause, and they deservedly basked in the glory of being crusaders. Today, they are doing battle with different issues and circumstances as they strive to reach a level of professional competence in which more will be required than a journalism of assertion.
Nepal has overcome a decade-long armed conflict, but still remains at the crossroads of a delicate transition. A wrong turn could threaten the achievements made so far while the right strategies and investments can help speed up the peace process, strengthen democracy and open up the space for development. The media can play an important role in facilitating the change but it requires an environment where it can work freely and without fear of harassment, abductions and murder. There is no alternative to a free media in a democracy. Attacks on media companies, abduction of journalists, threats and harassments and obstructions disrupt information flow and constrict the people’s right to know. It is sad that the same media which played a leading during the
restoration of democracy in 2006 has now become the target of attacks from various groups, even including criminal elements who are taking advantage of weak law enforcement. The Nepali transition which began in April 2006 remains volatile and complex. Even though there are guarantees for press freedom and freedom
of expression in the Interim Constitution and the Government has also passed several laws that favour freedom of expression, the issues of safety of journalists and protection of press freedoms remain major challenges.
Developing the capacity of the media to respond to these challenges and the need for informed debate in Nepal is another major challenge.
