NEPAL MEDIA STATUS REPORT

Mahendra Bista, President, FNJ

Ujjwal Acharya, IFJ Asia Pacific

Int’l Media Mission to Nepal

19 – 23 March, 2015

NEPAL: Basic Facts

Nepal is a multicultural & multilingual society.

• Total Population: 26.5 million

• Female Population: 51.5 per cent

• No of Caste / Ethnic Group: 125

• No of Language (Mother Tongue): 123

• No of Religion: 10 (XX per cent Hindu)

• Literacy Rate: 65.9 per cent

Census 2011

Political Update I

• First Constituent Assembly dissolved on May 28, 2012

• Election of Constituent Assembly II (November 19, 2013)

under Chief Justice Khil Raj Regmi-led government

• Nepal Congress emerged largest party (196 seats / 601)

followed by CPN-UML (175) and UCPN – Maoist (80)

• NC-UML coalition government headed by NC President

Sushil Koirala; U Maoist & Madheshi alliance in opposition

• The CA II has already missed self-declared deadline of

January 22, 2015 for the new constitution

Political Update II

• Currently, there’s clear demarcation between ruling and

opposition alliance on the contents of new constitution

• Four issues of contention:

• Governance System (Direct Elected Executive Head

OR Parliamentary system)

• Electoral System (FPTP only OR FPTP + Propositional)

• Judiciary (Constitutional Court)

• Federal Structure (Number, Name and Boundary of the

Federal States)

Media in Nepal

Newspaper 813 Regularly Published

Radio 610 Licenses

360 in Regular Broadcast

Television 81 Licenses

Online Site 152 Voluntarily Listed at PCN

News Agency National News Agency

40 – 50 Production Houses

Minimum Wage Rs. 10,008 ( ~ USD 100) / month

PCN / MoIC / FNJ

Journalists in Nepal

Total Journalists 10,077

Female Journalists 1,632 (16.2 per cent)

Eastern Region 1,444 (14.3 per cent)

Central Region 1,587 (15.7 per cent)

Kathmandu Valley 3,567 (35.4 per cent)

Western Region 1,402 (13.9 per cent)

Mid-Western Region 1,411 (14 per cent)

Far-Western Region 666 (6.6 per cent)

FNJ

Press Freedom ViolationsIncident May 2012 -

April 2013

May 2013 –

April 2014

May 2014 –

April 2015#

Murder / Disappearance 3 1 1*

Attack on journalist 32 11 13

Manhandling 65 9 1

Abduction 1

Arrest 5

Threat 29 6 14

Closure of Media 8 1

Obstacles on free flow of info 10 6 8

Displacement from Job 22 1 1

Attack / threat on media 14 1 4

Vehicles vandalized 42 2 2

Total 225 44 44

* Under Investigation # Not final data

Media: Notable Developments

• Conviction on the case of torture and murder of DekendraThapa despite PM’s objections on December 2014.

• Conviction on Yadav Paudel’s murder on July, 2014.

• Draft of new Media Policy is on public consultation.

• Nepal Television & Radio Nepal (2 of 4 state media) are in process of becoming Public Service Broadcasting (PSB).

• Change in FNJ leadership in May, 2014.

• Appointment of Commissioners at the Nat’l Information Commission.

Current Issues I

1. Press Freedom in new Constitution

• CA II has taken ownership of agreements and works of

CA I and in the draft prepared, the Press Freedom and

Freedom of Expression has restrictive measures which

are vague and with wide scope for interpretation.

• The restrictive clauses / limitations require thorough

review for making it clear, concise and concrete.

Current Issues II

2. Contempt of Court Bill

• On June 9, 2014, the Ministry of Law, Justice, Constituent

Assembly and Parliamentary Affairs moved a Contempt of

Court bill in the Parliament.

• The Bill proposes wide definition of Contempt of Court,

discretionary powers for judges to initiate a case with the

punishment ranging from fine up to Rs. 10,000 (USD 100)

or a jail-term up to a year or both.

Current Issues III

2. Contempt of Court Bill (contd.)

• After strong protests from FNJ, Nepal Bar Association, media & civil society, the Bill was opened for public debate for the first time in Nepal’s parliamentary system.

• FNJ, Bar & Parliament Secretariat jointly organized 5 consultation seminars (Kathmandu, Dhangadi, Nepalgunj, Biratnagar & Pokhara).

• FNJ Expert Team is in process of finalizing report to be submitted to Parliament Secretariat before next session.

Current Issues IV

3. Implementation of Working Journalists Act 1993

• Hasn’t been implemented completely, even in

appointment, minimum wage, and timely payment. State

and media houses seem ignoring labor issues.

• FNJ initiates series of discussion with management of

private and state media houses for its implementation.

• FNJ delegations met Prime Minister and Minister of

Information & Communication to resolve the problem.

Current Issues V

3. Implementation of WJA 1993 (contd.)

• On written complaint of FNJ, the Development Committee

of the Legislative Parliament held a discussion with

Minister for Information and Communication, government

officials, state agencies, FNJ and other stakeholders on

Working Journalists Act’s implementation.

• The Committee directed the government to take action

against media houses failing to implement it and provide

situation report within 3 months.

Current Issues VI

4. Self-Censorship

• Journalists are compelled to practice self-censorship

widely in national and local level.

• The major reasons for self-censorship are

• Attacks / threats on journalists and media

• Impunity

• Pressure from political groups

• Criminal gangs

• Business sector / advertisers

• Media management

• Wage issues, etc.

Current Issues VII

5. Physical / Professional Safety

• Attacks on journalist remain a major issue aggravated by

the impunity in crimes against journalists.

• Attacks on journalists during demonstrations & strikes.

• Lack of rule of law during transitional political period.

• Lack of professional capacity of journalists / ethical

standard of media contents.

• Lack of professional safety due to non-implementation of

Working Journalists Act 1993.

• Increasing number of journalist deaths in accidents.

Seven Priorities of FNJ Leadership I

1. Physical & Professional Safety of Journalists

2. Press Freedom & Freedom of Expression

3. Capacity Building of Journalists

• Establishment of the National Institute of Mass

Communication at FNJ Central Secretariat building with

state collaboration

• FNJ proposed it in a detailed outline to government

• Ministry for Information and Communication formed a

team to further workout on modality & legal framework

• Review of Code of Journalistic Ethics

Seven Priorities of FNJ Leadership II

4. Social Security of Journalists

• Insurance of journalists / Conflict Victim Journalist Welfare Fund / Health treatment subsidy / Gratitude / Provident Fund

5. Media Policy Review w/ Media Agencies’ Restructuring

• Review of media policy for free media environment, inclusion of radio / TV / online media

• Restructuring of Press Council Nepal, and Minimum Wage Fixation Committee to make it inclusive, representative, effective and autonomous

• Establishment of National Media Commission as a self-regulatory body

Seven Priorities of FNJ Leadership III

6. Pluralism, Diversity and Inclusion in Media

• FNJ has set inclusion in FNJ, all forms of mass media

and media-related state agencies as a priority agenda

• FNJ Executive Committee restructured to make it more

inclusive (women, Dalit, Madheshi, Janajati, minorities,

differently-able and remote area Karnali)

• FNJ lobbying to implement the recommendations of the

High Level Commission for Inclusive Media

• FNJ lobbying to finalize and implement directives on

gender-friendly media

Seven Priorities of FNJ Leadership III

7. Lobbying in Constitution Making Process

• FNJ is a leading civil society organization and is a

stakeholder of the struggles and institutionalization of

democracy

• New constitution for strong democracy and end of the

transitional political period is crucial for press freedom

and fighting impunity on crimes against journalists

Thank You!