Taranath Dahal of Freedom Forum writes about the state of free speech in Nepal.
This statement was originally published on freedomforum.org.np on 19 January 2025.
The atmosphere for freedom of expression and assembly did not see positive developments in Nepal last year, 2024. The press freedom violations continued unabated. Freedom Forum’s annual media report showed a rise in the number of journalists and media persons intimidated during some anti-press incidents. The trend of harassing, threatening and attacking journalists for writing news stories, especially investigative stories, entrenched further. At a time when federalism with three tiers of governments was in place, where the local levels functioning as the closest governments to the people, created a hope of good governance, the financial irregularities were reported to be rife there. But the journalists writing investigative stories on the activities of local governments are often targeted. Journalist Gopal Dahal was forced to leave his reporting field, in Dharan city, after repeated threats issued by the Mayor and his supporters.
Similarly, using laws to suppress journalists in Madhesh was equally upsetting. Journalist Jiya Lal Saha has been facing a cyber crime and defamation case merely for reporting on financial irregularities and administrative malfeasance in Birgunj Metropolis.
It is contradictory that the political parties, which often hail the role of free press in speech and written text for establishing and protecting democracy, and sometime even cooperate with parties at difficult moments of democratic struggles, are now acting as the hostile elements to the journalists. Especially the district and local level political leaders and cadre are at the forefront to this.
In the wake of an increasing number of people and activities going online, the hostile elements have shifted gradually to the digital sphere to harass and threaten journalists. This has posed a further security risk to the journalists.
This past year placed huge expectation on the government, for it was hoped they would bring forth the necessary laws and policies that would pave the way for a progressive atmosphere to protect freedom of expression and journalists’ rights, and create a clean and healthy information ecosystem. Although the present government lifted the ban on Tiktok, the diktats issued time and again are against FoE and freedom of assembly online. The draft of the bill relating to FoE and digital spheres witnessed some changes compared to the previous time, but substantial corrections to conform with democratic values are still awaited. Similarly, transitional justice is a long pending issue. The parliament passed the bill, which was also expected to accelerate the formation of a transitional justice mechanism – truth and reconciliation commission – along with the appointment of qualified persons. Even though the process to nominate the officials for the commission went ahead, political bickering stalled it, once again raising serious concerns over the transitional justice. Freedom Forum has been advocating for a fair investigation and justice for the journalists who were disappeared by force or killed during the decade-long armed insurgency. But the prolonged transitional justice has taken a toll on the awaited justice for victim journalists and their families, thereby leaving impunity unaddressed.
The law on public service broadcasting (PSB) and subsequent formation of office to transform the State-run media – Radio Nepal and Nepal Television – was a positive development in Nepali media last year. At the same time, whether the transformation will fully grasp the value of PSB is a “wait and see”. Editorial freedom and governance and financial autonomies are imperative for a meaningful transformation to PSB.
The amendment of the constitution surfaced for some months, creating debate and discussions on the need for correcting faults and anomalies. However, substantial homework in this regard is elusive.
On the other hand, the economic slowdown has not only dented growth but also hugely curtailed employment opportunities. The shrinking economic activities in the country have also resulted in lower advertisement value for the media, causing financial instability in the media. The Nepali media that suffered a great deal since Covid-19 has not been restored. Neither of the sides – government, private sector or institutions – has showed any interest in helping the media recover.
In the wake of a weakening media and civil society, public disenchantment has thrived and has been articulated via digital spaces – going to the extent of information disorder and a waning debate on accountability in society.
The political parties’ attention was focused more on securing government, rather than making parliaments more functional and accelerating the passing of necessary bills to enforce federalism effectively. The constitutional bodies that were created for good governance, making the executives accountanle, were rather shadowed by the government. This led to the failure of stringent moves against corruption.
Nepal is a liberal democracy where transparency and accountability of government and public agencies is required, especially so that citizens will be able to exercise their rights unobstructed and live a fulfilling life. For this to happen, the foundational right – FoE with journalists’ safety – counts a lot. Freedom Forum continues its efforts to create an FoE-friendly atmosphere with its renewed commitment on the occasion of the New Year.
Happy New Year, 2025 !
