Nepal court orders media to delete published news raising concern over press freedom

Kathmandu [Nepal], June 11 : The Kathmandu District Court has issued an interim order directing two online news portals, Bizmandu and Nepal Khabar, to remove articles that allegedly defamed the Chair of the Securities Board of Nepal (SEBON), Santosh Narayan Shrestha.

The order has raised concerns about media freedom and the potential for censorship.

The bench of judge Pitambar Sharma on Tuesday had issued the order directing Bizmandu and Nepal Khabar to take down the news stories. The articles in question reported on anomalies involving Shrestha, prompting him to file two separate petitions seeking the removal of the articles.

In Tuesday's order the court has stated, "News articles under various headlines have harmed the petitioner's dignity and reputation, and the publication of such defamatory content has caused irreparable damage."

"Considering the balance of convenience, the defendants are ordered not to publish or broadcast unverified, baseless content, and to remove the already published articles immediately," the court document reads.

SEBON Chair Shrestha had lodged two separate petitions on June 9 seeking the removal of the articles where he claimed the publications had defamed him, caused reputational harm, and published content without verification.

The court has called a hearing for June 18 to review the interim order and hear responses from the two outlets.

Issuing a press note, the Bizmandu, the business online of the Himalayan Nation stated, "Our initial understanding is that the court order is challengeable in terms of the Constitution of Nepal, the prevailing journalistic code of conduct, and Nepal's international commitments. We will join the legal process and respond to the order of the esteemed court. We are confident that the court will act responsibly in favor of press freedom as always."

Another online portal named in the verdict, the Nepal Khabar also issuing a note stated, "We are ready to face any level of scrutiny regarding the credibility of the content we publish. We do not shy away from accountability. We will defend the allegations against us legally."

Furthermore, it added, "We consider it our duty to continuously provide our readers with investigative material and expose the planned irregularities committed by infiltrating the state apparatus. Any attempt to silence, intimidate, or divert attention from the free press through litigation under any pretext is unacceptable. Any unlawful encroachment on the fundamental rights guaranteed by the Constitution is not acceptable."

The decision has sparked reactions from right groups, with the Federation of Nepalese Journalists (FNJ) expressing concerns over the court's order.

The FNJ has urged the authorities to reconsider the order, citing the constitutional guarantee of press freedom in Nepal

In a statement, Ram Prasad Dahal, General Secretary of FNJ said, "In cases where there is dissatisfaction over news published or broadcast in the media, it falls under the jurisdiction of the Press Council Nepal to receive complaints from the victims and take action against it. The federation concludes that this order issued by the court disregarding the council's jurisdiction is against the international norms and standards on press freedom, and the provisions and spirit of the Constitution of Nepal 2015."

The Constitution of Nepal 2072 in its preamble itself, guarantees "full press freedom." In the release, the FNJ asserts that this constitutional guarantee of press freedom cannot be restricted by any authority's order.

"The federation urges the authorities provisions to reconsider this order, failing which it will be compelled to pursue legal and other actions. Additionally, as the full responsibility for content published in the media lies with the media outlet concerned, and as it is their duty to verify the truth and facts if questions are raised regarding the content, the federation also urges media outlets to fully adhere to the journalists' code of conduct," the statement reads.

The lately promulgated constitution which is being enacted since 10 years since its promulgation guarantees that no media outlet will be subject to prior restrictions.

Article 19(1) of the Constitution states, "No prior restriction shall be imposed on the publication and transmission or dissemination of any news, editorial, article, composition, or any other textual, audio, or audiovisual material or on the dissemination or printing of information by any means, including electronic publication, broadcasting, and printing."

Similarly, Article 19(2) of the Constitution states, "No radio, television, online, or any other digital or electronic device, press, or other media outlet that publishes, broadcasts, or prints any news, editorial, composition, information, or any other material through any audio, audio, or electronic device or printing house shall be closed, confiscated, or deregistered, or such material shall be confiscated, for printing or publishing, broadcasting, or publishing any news, article, editorial, composition, information, or any other material through any audio, audio, or electronic device or printing house."

The Himalayan Nation has Press Council, Nepal as media regulatory body where parties or people can raise their concern regarding the published content. The regulatory body also has issued Code of Conducts for the Journalists, of which the Point No. 5 (8) "Posts of news published in online media should not be deleted."

Nepal has slid down to 90th position in this year's Reporter's Without Borders ranking from 74 in 2024 out of 180 countries enlisted. Nepal's proposed Media Council Bill has been raising concerns as it places media regulation under government control, restricting independent journalism.

Additionally, the Social Media and IT and Cyber-security Bills introduced in 2024 propose sweeping powers to suppress dissent, with vague language and harsh penalties. Furthermore, Section 47 of the Electronic Transactions Act continues to target journalists and citizens who are critical of the government.

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