Freedom Forum said that the Election Commission’s order to remove a story from a news website is an egregious violation of press freedom.
This statement was originally published on freedomforum.org.np on 6 November 2022.
Freedom Forum condemns the Election Commission Nepal’s frequent attack on press freedom and freedom of expression, going beyond its jurisdiction in the name of the electoral code of conduct, in the wake of the upcoming November 20 election for the House of Representatives and the Provincial Assembly.
The Election Commission Nepal issued a letter to a leading online news portal in Nepal, www.setopati.com, calling on the outlet to remove a news story it published on November 5, 2022.
According to the media reports, the letter addressed to Editor-In-Chief Ameet Dhakal stated that the news item, published on November 4, was aimed at defaming Agni Kharel, a candidate for the House of Representatives in the upcoming election, and his family. Therefore, the editor was instructed to remove the content within 24 hours and respond as to whether the Commission should take action against the news portal for violating the electoral code of conduct.
The news item titled, ‘Agni Kharel’s son Nishan is in the US Army, still has Nepali citizenship’ was published online on November 4. Editor In Chief Dhakal wrote in a tweet, ”We will defend our right and move to court against the Commission’s order but we will not remove the published news [story].”
The story stated that candidate Kharel’s son, despite being in the US Army for seven years, still has Nepali citizenship and his name is on the voters’ list.
The Commission’s order to have the news item removed is an egregious violation of press freedom. There is already a media monitoring body, the Press Council Nepal, who should act if the content of any news item is deemed to have violated conduct. Such action to censor the media does not come under the jurisdiction of the Election Commission.
Following wide criticisms, the Election Commission Nepal withdrew its order issued to the online portal on November 6, stating the action did not come under its jurisdiction and it was a mistake committed by one of commissioners at the Commission. Meanwhile, the Press Council has issued a 24-hour justification letter with the online portal over the same news report.
“The Election Commission, a constitutional body’s repeated threat to [press freedom] is a worrying trend in Nepal. The time has come for rights defenders to speak against such misuse b a State institution, which is a breach of citizens’ fundamental rights enshrined by the constitution. The EC can not be above the constitution at all. The vibrant role of the media is imperative in a democracy, in particular to play a watchdog role. It is also essential for a free and fair election. Silencing the media does not ensure a fair election,” noted Executive Chief of Freedom Forum, Taranath Dahal.
