Kantipur Publications Limited has clarified that the obstruction in the distribution of its newspapers Kantipur and The Kathmandu Post has violated citizens’ right to information and that such actions are thus legally punishable.

Chief Executive Officer (CEO) of Kantipur Publications Mahesh Swar, issuing a statement after the disruption in the distribution of the two dailies on Sunday, said that such acts violated the freedom of expression, the right to information and consumer rights enshrined in the constitution.

He said this challenge to free speech concerns not just Kantipur Publications but the Nepali press fraternity, the civil society, the political parties that believe in democracy and the Nepali people at large.

Swar stressed that the constitution of Nepal guarantees the right to expression and information as fundamental rights. Even the state cannot block the publication, transmission and distribution of electronic and print media under any pretext, he said.

“But unfortunately, Kantipur Publications has been forced to inform all concerned bodies and readers that the published copies of Kantipur and The Kathmandu Post have been seized and thrown away, torn, or dumped in one place, while the publication’s manpower that was ready to distribute the newspapers was physically threatened.”

The Publications said that confiscation of published copies of the two newspapers has caused irreparable damage to the physical property and reputation of the media house as well as the right to information of customers who have secured the information service by paying in advance.

The Publications also divulged the steps being taken to manage its human resource.

“Kantipur Publications respects all laws of the land. The country’s fragile economic situation has affected the whole Nepali media fraternity. In light of the continuous financial losses of the publishers in the past few years, staff reduction is a regular and natural process. But there is also no policy or plan to illegally dismiss any employee associated with the organisation,” the statement added.

According to the Publications, a permanent employee will get all the benefits according to the law, whether they leave voluntarily or by agreement, while the law of the contract will apply to the employees hired on contract basis.

“The issue of whether or not to sign another contract with the employees appointed for a certain period, after the expiry of that period, is a matter of legal freedom on the part of both the organisation and the individual,” the statement said.

If there is a disagreement on any matter, the publications will respect the right of the employees to have a formal disagreement. However, there can be no doubt that that process should also be in accordance with established labour laws. There is a provision in the law that any such concern should come through the official trade union and if there is no official trade union, a written demand can be made on behalf of 60 percent of the employees of the organisation.

As the organisation is unable to identify the mechanism called 'Kantipur Joint Struggle Committee', correspondence has been sent to the press registrar's office for its resolution, the statement issued by CEO Swar said.

Kantipur Publications reminded its employees that they have a legal obligation to fulfil the defined duties. The hard work of management and hundreds of journalists had been undermined by taking possession of physical newspapers, tearing them up, and piling them in one place, the statement said. “Also, according to Article 44 of the constitution, it is against the fundamental rights of consumers. Therefore, the concerned persons will be held legally accountable.”

Kantipur Publications is in the process of taking strict legal action for insulting and threatening the workers and management officials who are trying to fulfil their duties. Such persons will be held liable for their actions whether they are inside or outside the organisation.

Arguing that media and newspapers are essential services for every person, the Publications cited the notification issued by the Ministry of Home Affairs six years ago to classify the communication sector as an essential service, banning service disruption. "I would also like to remind you that discouraging those who obstruct essential services is a responsibility of a civilised society," the statement said.

Expressing regret at the obstacles to newspaper distribution, the Publications said: “Our system does not envisage a situation where the citizen's right to information is hindered under any circumstances. Communication is the lifeline of democracy and Kantipur Publications will not be deterred by any attempts to stifle it. Aware of its duties and responsibilities, Kantipur Publications will not falter in its commitment,” the statement said.