प्रेस/सञ्चार सम्बन्धी कानुन र आचारसंहिता

Code of conduct: meaning

A code of conduct is a written set of ethical rules and professional standards that tells journalists how they should behave while gathering, writing and publishing news. It guides them on truth, accuracy, fairness, privacy, independence and responsibility to society. In Nepal, the Press Council Nepal issues and enforces the Journalists' Code of Conduct, and it applies to every journalist and media house.

Why it is important for journalists

1. Protects truth and accuracy. The code requires journalists to verify facts, separate fact from opinion, and correct mistakes promptly. This keeps news reliable and free from rumour and misinformation.

2. Builds public trust and credibility. Audiences rely on the media only when they believe it is honest and fair. A journalist who follows the code earns the confidence of readers, listeners and viewers, and so does the whole institution.

3. Ensures fairness and objectivity. The code asks journalists to present all sides, avoid bias, and not let personal, political or financial interest shape the news. Parties named in a report get a chance to respond.

4. Protects individuals' rights and dignity. It guards privacy, reputation and the dignity of people, especially victims of crime and abuse, women, children and minorities. It also forbids defamation, hate speech and the sensational treatment of grief.

5. Maintains independence. The code prohibits taking bribes, gifts or favours in return for news. This keeps journalists free from pressure by the government, political parties, advertisers and owners.

6. Protects sources. Journalists must keep the confidentiality of sources who ask for it. This encourages people to share information in the public interest without fear.

7. Promotes responsibility and social harmony. The code discourages content that incites violence or disturbs communal, religious and ethnic harmony, so the press serves the public good.

8. Gives self-regulation and discipline. It provides a standard against which complaints can be judged. The Press Council can warn, reprimand or censure those who break it, which reduces the need for government control and so defends press freedom.

9. Raises professional standing. Following the code makes journalism a respected profession rather than a trade, and gives the profession a common identity.

Conclusion: A code of conduct acts as the moral compass of journalism. Without it, press freedom can be misused; with it, the press stays free, responsible and trusted.

Press freedom: meaning

Press freedom is the right of the press and media to gather, publish and broadcast information and opinions without prior censorship, control or unlawful interference by the government or any other power. It includes the freedom to criticise, to seek information, and to protect sources, and it is considered an essential basis of democracy and the people's right to know.

Present status of press freedom in Nepal

1. Constitutional and legal guarantees. The Constitution of Nepal 2072 (2015) guarantees the freedom of opinion and expression (Article 17) and the right to communication (Article 19). It states that no publication, broadcast or printing of any news, editorial, article or other reading, audio or audio-visual material shall be censored, and that a media house cannot be closed or seized merely for publishing such material. The right to information (Article 27) is also recognised and supported by the Right to Information Act 2064 (2007).

2. Supporting institutions and laws. The Press Council Nepal is the statutory body that monitors the media, maintains the Journalists' Code of Conduct and handles complaints. The Working Journalists Act protects the service conditions of journalists. Several associations, such as the Federation of Nepali Journalists (FNJ), also advocate for journalists' rights and safety.

3. Growth of media. After the 1990 and 2006 movements, and the end of monarchy, the number of newspapers, FM radios, television channels and online portals has grown greatly. Nepal has one of South Asia's most active community radio networks, and media are generally pluralistic and critical of those in power.

4. Positive international ranking relative to the region. In global indices such as the RSF World Press Freedom Index, Nepal has usually been ranked better than several neighbours, though its position has varied from year to year.

5. Continuing problems and challenges.

• Harassment and threats against journalists by political cadres, local officials and others, with some cases of physical attacks, and the issue of impunity because perpetrators are rarely punished.
• Restrictive laws and proposals. Provisions of the Electronic Transactions Act, and proposed bills on media, information technology and social media, have been criticised as possibly curbing free expression. Journalists have been arrested or charged over online posts or reports.
• Economic pressure. Dependence on government and corporate advertising, low pay, and ownership by business groups can limit independence and encourage self-censorship.
• Political and commercial interference and partisan alignment of some media.
• Safety and working conditions. Many journalists work without contracts or minimum wages, particularly outside Kathmandu.
• Misinformation and weak ethics. Fake news, paid content and clickbait online damage credibility and give authorities a reason to regulate.
• Weak implementation of the Right to Information, as some offices are reluctant to give information.

Conclusion: Nepal has a strong constitutional and legal framework for press freedom and a lively media sector, so the situation is generally better than in many countries. Yet threats against journalists, economic dependence, restrictive regulation proposals and impunity still limit it. Protecting journalists, reforming laws in line with international standards, and promoting ethical journalism are necessary to strengthen it further.

2029 BS (1972 AD)

The Press Council of Nepal was established in 2029 BS (1972 AD) under the Press Council Act as a statutory body to protect press freedom, maintain professional standards and ethics, and handle complaints against the press.

Article 19 (Right to communication)

Article 19 of the Constitution of Nepal, 2072 guarantees the right to communication: it prohibits prior censorship of publications, broadcasts and the press, and protects the right to publish and broadcast. The right to information is separately guaranteed by Article 27.

Right to Information (RTI) means the right of every citizen to seek, receive and impart information held by public bodies — the right to know what the government and its agencies are doing, and why. It is both a fundamental human right and a tool of good governance.

Key points:

• Meaning: RTI is the legal and constitutional guarantee that citizens can access information held by public authorities, subject only to clearly defined and limited exemptions. It turns the principle that "the government is of the people, for the people" into a practical, enforceable claim.

• Legal basis in Nepal: Article 27 of the Constitution of Nepal (2015) guarantees the Right to Information, making it a fundamental right. It is implemented through the Right to Information Act, 2064 (2007) and the RTI Rules, 2065 (2009). The National Information Commission (NIC) was set up as the watchdog body to enforce this right.

• What it covers: Citizens may ask for information about government decisions, budgets and expenditure, policies, contracts, recruitment, service delivery and the functioning of public offices. Public bodies must proactively publish key information (suo motu disclosure) and respond to requests within 15 working days (or 24 hours on matters of life and liberty).

• Limitations: Information can be withheld if it threatens national security, sovereignty, public order, or international relations, or if it concerns privacy or is legally classified as confidential. Such restrictions must be reasonable and narrowly applied.

• Importance: RTI promotes transparency and accountability, curbs corruption and misuse of authority, empowers citizens to hold officials answerable, strengthens democracy and good governance, and protects other rights by giving people the information they need to claim them.

In short, the right to information is the citizen's right to know how public power is being used — a cornerstone of an open, accountable and democratic society.

Press Freedom under the Constitution of Nepal 2072

Definition of press freedom

Press freedom is the right of journalists and media organisations to gather, investigate, publish and broadcast news and opinion without prior censorship, arbitrary state interference or fear of reprisal, subject only to reasonable legal limits such as defamation, public order and national security. It has three dimensions: freedom to gather information (access to sources), freedom to publish (no prior restraint, no arbitrary closure) and safety and independence of journalists and media houses.

Constitutional protections

• Article 17 and Article 19: Article 17 guarantees freedom of opinion and expression. Article 19 (right to communication) says no publication, broadcast or printing of news, editorials, feature articles or other reading, audio or audio-visual material through any medium shall be censored, and no media shall be closed, seized or cancelled merely for publishing such material. This bars prior restraint.
• Article 27: Right to information, which lets journalists seek information held by public bodies. It is implemented through the Right to Information Act, 2064.
• Article 28: Right to privacy, which balances reporting with individual dignity.
• Article 32 and Article 46: The right to constitutional remedy lets a journalist or media house go to the Supreme Court if these rights are violated.
• Directive principles: The State is to protect the independence and freedom of the press.

Examples of promotion

• A press cannot be shut down by executive order; closure requires a legal process.
• Community radio and FM stations have grown across Nepal, and journalists have used the RTI Act to expose irregularities in public spending.
• The Supreme Court has quashed attempts to curb media expression on writ petitions.

Limitations and weaknesses

• Article 19 allows restrictions by law on grounds such as the sovereignty, nationalism, and harmonious relations among communities. These grounds are broad and can be misused.
• Laws such as the Electronic Transactions Act (Section 47) and the Official Secrets Act have been used to arrest or threaten journalists and online writers.
• Impunity for attacks on journalists remains a problem; the murder of journalist Birendra Shah in 2017 is a well-known case where justice was slow.
• Economic pressure, political influence, and dependence on government advertising weaken independence in practice.

Conclusion

The Constitution of Nepal 2072 gives strong formal protection to press freedom: no censorship, no closure for publishing, the right to information and the remedy of the Supreme Court. However, broad restriction clauses, restrictive statutes and weak protection of journalists limit it in practice. Press freedom is therefore well protected on paper, and the task ahead is to align laws with the constitution and enforce them.