Monday, May 4, 2009

1990 Constitution and Interim Constitution;Outline of Media Regulation In Nepal

"The rationale behind establishing good media laws is to protect citizens from biases and overuse of communication.Media regulations are supposed to be an operational framework for free media not a tool of censorship."-Krishna Bahadur Mahala

Freedom of opinion and expression was guaranteed in 1990 Constitution(Chapter on fundamental Rights,art.12.Right to Freedom,clause(2) (a) providing that-'nothing in sub-clause (a) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of the kingdom of Nepal,or which may jeopardize the harmonious relations subsisting among the people of various castes,tribes or communities,or on any act of sedition,defamation,contempt of court or incitement to an offense;or on any act which may be contrary to decent public behaviour or morality.'2
The Press and Publication Right is found in the same chapter,article13:
'(1) No news item,article or any other reading material shall be censored.Provided that nothing shall prevent the making of laws to impose reasonable restrictions on any act which may undermine then sovereignty and integrity of the Kingdom of Nepal,or which may jeopardize the harmononious relations subsisting among the people of various castes,tribes or communities;or on any act of sedition,defamation,contempt of court or incitement to an offence;or on any act against which may be contrary to decent public behaviour or morality.
(2) No press shall be closed or seized for printing any news item,article or other reading material.
(3) The registration of a newspaper or periodical shall not be canceled merely for publishing any news item,article or other reading material.'3
The Interim Constitution guarantees freedom of expression of every citizen under fundamental rights in Part 3 article 12 (3) (a).'Provided that,(1) nothing in sud-clause (a) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the soverignity and integrity of Nepal, or which may jeopardize the harmonious relation subsisting among the people of various castes,tribes,religion or communities,or on any act of defarmation,contempt of court or incitement to an offence;or on any act which may be contrary to decent public behaviour or morality.'The Right Regarding Publication,Broadcasting and Press is under article 15.It maintains the spirit of the provision enclosed in the previous enclosed in the previous constitution but ti has been extended to cover new channels of communication and protect all communication means,not only mass media.'(1) Non publication and broadcasting or printing of any news items,editorials,article,writings or other readings,audio-visual materials,by any means including electronic publication,broadcasting and press,shall be censored.
Provided that nothing shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the soverignty or integeity of Nepal,or which may jeopardise the harmonious relations subsisting among the people of various castes,tribes or communities;or on any act of sedition,defamation,contempt of court or incitement to an offence;or on any act which may be contrary to decent public behaviour or morality.
(2) No radio,television,online or any other types of digital or electronic means,press or any other communication media shall be closed,seized or be cancelled the registration because of publishing and broadcasting or printing any material by such means of audio,audio-visual or electronic or electronic equipments.
(3) No newspaper,periodical or press shall be closed,seized or be cancelled the registration for printing and publishing any news,articles,editorial,writings or other reading materials.
(4) No communication means including press,electronic except in accordance with law.'4

Biblography:
1.www.presscouncilnepal.org
2.hhtp://www.fnjnepal.org/legal_provision.php
3.lbid.
4.ibid.


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