The promulgation of the 2015 constitution has marked a significant milestone in Nepal’s post-conflict period, but the country’s freedom of the press remains stagnant. Nepal experienced a monotonous state of press freedom in 2023, a continuation of previous trends. Journalists faced recurring incidents of press freedom violations, including harassment, threats, physical attacks, arrests and obstruction from gathering information. The Federation of Nepali Journalists (FNJ) documented 58 incidents of press freedom violations, highlighting the persistent infringements in the nation’s media landscape.

Recurring incidents

The FNJ secretariat documented 58 instances of press freedom violations, providing a detailed understanding of the challenges faced by Nepali journalists. Among the cases, threats and harassment were the most prevalent, with 25 cases reported, followed by physical attacks (17 cases), professional insecurity (11 cases), obstruction from accessing information (2 cases), arrests of journalists (2 cases) and one incident of gender violence.

Notably, the incident of editor Rajendra Adhikari of donnews.com receiving threats on November 18 after exposing irregularities in a local cooperative highlights the harassment media person experience in Nepal. Similarly, editor Lankraj Dhamala of smartkarnalinews.com faced threats on October 20 for reporting on Raskot municipality's mismanagement in Karnali Province. Shankar Pahadi, a reporter based in Sarlahi and working for Rastriya Samachar Samiti (RSS), encountered death threats on September 3 for covering tax evasion. These incidents highlight the diverse challenges journalists across different provinces face, showing the bitter reality of the Nepali media landscape.

The 17 incidents of physical attacks on journalists further illustrate a disturbing trend of heightened vulnerability from government or non-government actors in various stages of their professional duties. For example, the assault on reporter Bal Bahadur Thapa in Birendranagar on February 13 depicts the risks to journalists documenting sensitive events, as he was attacked for recording a clash between protestors and transport entrepreneurs’ staff. The attack on Nabin Chaudhary, a reporter for AP1 Television based in Mahottari, on March 8, is also noteworthy regarding journalists’ safety while commuting as a group of drunk individuals brutally assaulted him.

Additionally, obstructions when accessing public information are extremely worrisome, as they hinder journalists’ right to capture visuals and conduct interviews for public accountability. In Saptari, the District Administration Office issued a directive restricting journalists and the public from capturing visuals in public places, threatening legal action for non-compliance. On April 19, police officers obstructed journalists Chiranjibi Ghimire, Bishnu Pokharel and Sudeep Adhikari in Jhapa, preventing them from reporting an ongoing protest.

Job insecurity

In 2023, professional insecurity and labour problems became the most serious challenge in various media houses. The non-implementation of the Working Journalists Act 2006 remained one of the most alarming issues in the Nepali media landscape. Journalists from prominent media houses were forcefully laid off without receiving the minimum pay and benefits mandated by the Act.

The FNJ secretariat recorded 11 incidents of professional insecurity involving hundreds of journalists and attempted to address them through mutual negotiations between media management and journalists or legal action at the labour court. However, progress in resolving these problems was limited. Stakeholders cautioned that the government had not done enough to facilitate such issues and that media owners were taking advantage of the lack of clear legal policies on labour disputes in media organisations.

The economic environment revealed a stark discrepancy between the minimum wage requirements set by the Working Journalists Act and the actual remuneration received. This financial strain compromised journalistic independence. The government provided partial financial support to the media by granting advertising funds. However, this system favoured media outlets that were less critical and more supportive of the government, resulting in a pro-government bias.

Moreover, state-owned media outlets were heavily influenced by the government or ruling parties, preventing them from publishing critical news stories. An example of this is the whitewashing of the Gwarko incident on December 29 in Gorkhapatra, a state-owned newspaper overshadowed a major news story about the killing of two young men in the capital city.

Moving nowhere

Nepal's media landscape appears vibrant, with over a thousand regular newspapers, including dailies, weeklies and fortnightlies. Additionally, over 1,300 broadcasting licenses are issued and significant growth in the digital sphere, with over 4,000 registered online news portals. However, this rapid quantitative growth raises concerns about numerous outlets and journalists' professional conduct, ethical integrity, and financial sustainability.

Despite the preamble of the Constitution of Nepal proclaiming “total freedom of the press” and Article 19 ensuring freedom of the press and public opinion for citizens, several laws, regulations and directives issued by different levels of government that do not fully comply with these constitutional guarantees. For instance, some provisions in the National Penal (Code) Act 2017 and the Electronic Transaction Act (ETA) 2008 contradict press freedom, editorial independence and freedom of speech.

Furthermore, these provisions were not revised or improved to ensure compliance with constitutional guarantees. Instead, the Government of Nepal banned TikTok and issued the Directives to Manage the Use of Social Media-2023, despite receiving criticism from stakeholders who argued that this would seriously curtail freedom of expression.

Rather than serving as an independent quasi-judicial body, the Press Council Nepal (PCN) has been manipulated by the government to harass media organisations and journalists, discouraging or silencing their critical voices. In the past, PCN became a place for accommodating political cadres instead of thematic experts in media and journalism.

The echo chamber

Nepal's media may seem dynamic in terms of quantitative growth and constitutional guarantees for press freedom, making it perhaps the leading country in South Asia. However, a serious lack of progress persists in institutionalising press freedom and ensuring editorial independence. Each major political party has a media wing that manipulates a large majority of journalists into engaging in partisan journalism. In return, journalists are often offered political appointments, such as press advisors or spokespersons, or given awards. This creates conflicts of interest for journalists and compromises their journalistic integrity.

Nepal has witnessed repeated incidents against press freedom every year after the constitution's promulgation regarding journalists’ safety and security while performing their duties. Every year, we hear similar voices advocating for legal reforms concerning media laws, such as the reformation of ETA and demands regarding the proper implementation of the Working Journalists Act. This repetition creates a media echo chamber, an environment where journalists and media organisations face identical challenges every year in press freedom and editorial independence. To break this, urgent legislative reforms and proper implementation are imperative, aligning laws with constitutional guarantees, ensuring the independence of media regulatory bodies, and addressing professional insecurities within journalism.

Acharya is affiliated with the University of Ottawa, Canada.