Federation of Nepalese Journalist and its provision in constitution

FNJ History:"INFORMATION, SECURITY AND FREEDOM FOR PROFESSIONAL JOURNALISM"

Federation of Nepali Journalists : Past and Present
Federation of Nepali Journalists is an umbrella organization that represents all professional journalists in Nepal. It was established on March 29, 1956 (Chaitra 16, 2012 BS) with the name 'Nepal Journalist Association'. Its Founder President was Krishna Prasad Bhattarai who was the then Editor of 'Nepal Pukar Weekly'.

If we trace further back, another organization with a similar name was formed under the Chairmanship of Satyanarayan Shrestha way back in Jestha 2008. This was nothing but the result of the newly-developed democratic environment after the establishment of democracy in 1951 (2007 BS), when professional journalism in Nepal was still in its nascent stage. But this association did not get any continuity. Therefore, March 29, 1956 (Chaitra 16, 2012) is regarded as the official date of FNJ's inception. No activity, on the part of the association formed in 2008 BS, can be seen from 2008 to 2012 BS. This testifies its inactiveness. So, the historical account here concerns with the association that was born in 1956. 2012 BS.

Immediately after its establishment, FNJ started organizing different programs throughout the kingdom in order to consolidate and promote and professional journalism strengthen the foundation of embryonic democracy in Nepal. It was conscious of the grave role it had to play for the upliftment of Nepalese society.

A team from the central committee was sent to visit Europe and USSR in 2013 BS. This was the first ever official visit by Nepalese journalists to foreign countries. And this was very fruitful. This ushered in a new age in the history of Nepalese journalism by initiating close ties at the international level. Towards the end of 2013 BS, Dataram Sharma was elected as the second president of FNJ, who continued in office for two successive years. And then Mr Gopal Das Shrestha were elected as a president of 2015 BC. for two years.

Nepalese Journalism faced a brief threat in Poush 2017 (1961) when democracy was usurped. Many active journalists were arrested and put behind the bars. Among the high profile ones were Fatte Bahadur Singh, Tarini Prasad Koirala, Ramesh Nath Pande and Gopal Prasad Bhatta. Reputed dailies of those days were shuttred. Thus, Nepalese Journalism came to a standstill at this point and became severely handicapped. It had to pass through a considerably long and dark phase before the atmos phere for publications could be restored.

Fatte Bahadur Singh was elected as the president of FNJ in 2018 B.S. Then followed Pashupati Dev Pandey in 2023, Manindra Raj Shrestha in 2025 and Gopal Das Shrestha in 2027. In the mean time, a more liberal Press Policy was declared by the government and an important progress was made by establishing the Press Council. FNJ had played the role of a catalyst in accomplishing these historic feats. Then, Gokarna Raj Pande in 2030 BS, Indu Kant Sharma in 2033 BS and Manju Ratna Shakya in 2035 BS were elected for the coveted post of FNJ's President. During this period, though FNJ played a constructive role in establishing the Press Council and contributed a great deal to the promotion of journalism in association with different press commissions, it could take no concrete steps to maintain press freedom , which was curbed after the abolition of multi-party system in 2017 BS.

A score of events during this dark phase clearly manifest the sycophancy of the Federation in the subsequent years. The leadership became more a follower of the autocratic rulers than a critic. This betrayed the feelings and aspirations of many serious media people in a sense, FNJ failed to represent the journalists at this point. Especially, after 2036 BS FNJ was badly affected by holiganism (Mandale Prabritti) Thus, the people who were in favor of professional and disciplined journalism gradually drifted away from the federation. The federation did not seem active during the period though it was headed by Nirmal Kumar Aryal in 2039 BS and again by Manju Ratna Shakya in 2042 BS. However, some senior journalists made relentless effort to identify FNJ as the apex media organisation in Nepal. In this course, a national level convention of journalists was held in 2043 at Thapathali branch of Rotaray Club. But, unfortunately, the police interfered with the convention. Some participants were severely wounded and some others were arrested. Neverthless, this congregation declared the two preceding leaderships of FNJ to be illegitimate and reorganised it under the Presidentship of Mani Raj Upadhyaya. It decided to lead the then ongoing struggle for press freedom. Two -third of the professional journalists were in favour of the FNJ headed by Mr. Upadhyaya-- they had strong support and belief in his leadership. Still, the rulers of those days did not recognize the essence of the Federation. Gobind Biyogi succeeded Mr. Upadhyaya in 2045 and continued upto Chaitra 8, 2049. FNJ extended its strong support to the popular mass movement in 2046 BS, (1990) since it (March, 1993) thought the restoration of democracy was an inevitable precondition for the freedom of the press.

FNJ did all it could to give a momentum to the popular movement. It not only strongly defied the attacks on press but also actively diversified the movement. It also played a remarkable role in drafting the present constitution.

In the sixteenth General Assembly of the Federation, held on Chaitra 9, 2049 BS, (March, 1993) in Biratnagar, Hom Nath Dahal was elected the President. He was succeeded by Harihar Birahi Baishakh 16, 2052 BS (May, 1996) in the seventeenth General Assembly held in Jhapa.
TRANSITION INTO A FEDERATION After the restoration of democracy, journalism field in Nepal found a completely new dimension. Accordingly its responsibility also increased along with the changed political situation.
Journalists could now organize themselves on the basis of subjects, principles etc. They were now endowed with an open environment. Different media and journalism related organisations began to spawn. With this, a necessity was felt for bringing all these organisations and media personnel under a single national umbrella. The number of journalists too had increased manifold after the restoration of democracy. District level branches of the Association (it was yet to evolve formally as a federation) were extensively established throughout the country. Later, it was thought that the time had finally come to develop the then Nepal Journalists Association into a Federation. The Central Committee introduced the concept of a Federation into the constitution of the Association. The Association was officially announced the Federation of Nepalese Journalists (FNJ) on Ashad 11, 2053 (June, 1996) at the presence of some of its founder members. All these were accomplished during the presidentship of Harihar Birahi. He is, therefore, regarded as the first President of the FNJ as it in recogniged today. changed Federation.

The annual meeting held in Dharan on Jestha 28 and 29 of 2053 BS endorsed the constitution of the Federation. Kishore Nepal was elected as the President of FNJ in its 18th General Assembly held on Bhadra 30, 2054 BS. Likewise, the 19th General Assembly held on 9 Mangshir 2056 BS had elected Suresh Acharya as the President. The author had the privilege of succeeding Mr Acharya after the 20th general Assembly held in May, 2002.
FNJ now has a 45 year old history and over the years it has passed through many ups and downs. But now it has evolved as a strong organization. So much so that its member branches have reached 60 and over 3500 journalists are now actively associated with it. It has already built its own office building in The Media Village established in joint cooperation with the Press Council. The process of building the offices of its district branches is on. This proves that FNJ is no more a commonplace NGO.

OBJECTIVES OF FNJ
i. To organize and unite the journalists working in different fields of mass media throughout the country, and provide them with professional leadership.

ii. To represent the interests of journalists and to preserve their rights.

iii. To develop responsible, accountable and disciplined journalism and thereby respect the principles of press liberty.

iv. To maintain friendly relationship with national and international media organizations and exchange representatives with them.

v. To conduct study, investigation, seminars, trainings, symposium etc. on subjects related to journalism.vi. To take other necessary steps for the betterment of journalism in Nepal.

ORGANISATIONAL STRUCTURE
After the Nepal Journalists Association adopted the nature of a Federation during Birahi's tenure, its structure too was naturally changed. The federation's constitution 2053 (First amendment, 2057) clearly describes its structure. According to it, President, General secretary, Secretary, Treasurer and 8 members can be elected by all the council members of the General Assembly of the Federation. There is also the provision of electing 3 members from associate members. Five vice-presidents are appointed in accordance with the development zone. The Representative of Central Council of the respective development zones are to elect the vice President. The constitution also lays down the provision of appointing 4 central members by the elected working committee.Along with this, there are 3 categories of members in the FNJ. regular members, associate members and honorary members. Except the honorary members others can vote or be the nominees in the respective process.The branches with general and associate membership can elect the representatives of central council at 5:1 or 20 percent ratio. These are the people who are allowed to take part in the central General Assembly of the Federation.

THE MAIN FUNCTION OF FNJ
FNJalways aspires to accomplish the objectives determined by its constitution. These are the basis of its functions. The foremost function of FNJ is to preserve and promote the freedom of the press in Nepal and to foster journalism as a whole. It also carries out different programs to promote professional journalism and protect the rights and privilleges of all occupational journalists. Maintaining the ethics of journalism is yet another grave responsibility of FNJ. It also conducts trainings in order to enhance the journalistic expertise of media personnel so that they can walk along with the international standard. Other than these, FNJ has always been pioneering in the formulation and implementation of policies related to mass media.
It has already been mentioned that the Federation of Nepali Journalists is the umbrella organization with representation of all sorts of journalists in Nepal. It is worth mentioning that FNJ is not only concerned with journalists, it is also equally attentive to the problems faced the concerned entrepreneurs. It also plays a role in sorting out the disputes in transmission, publicity distribution system, advertisement and so forth.

In a nutshell, FNJ plays the role of a Press Police by ensuring the well-being of the press personnel and also of the press entrpreneurs, by formulating press policies and upholding the principle of an independent press.

It is a matter of pride for the Nepali journalists that nowhere in the whole world exists such an organization that incorporates media men from every background of media-print, electronic and cyber. The development of such an organization that represents all the segments of media on a professional level is certainly a remarkable achievement.

Everyone concerned should be extremely sensitive toward making FNJ a common association for protecting the privileges of all Nepalese media personnel. This attitude will ensure and diversify the existence of FNJ forever.The office of FNJ is situated at Sanchar Gram, Tilganga, Which is near Kathmandu's Tribhuvan International Airport.

Main Agenda of FNJ:
Protection of Freedom of press and the freedom expression.
Implementation of working Journalists law
Formation of Right to Information Act
Implementation of code of conduct
Protection of journalists
Formation of new mass communication policy
Mobilization of press for social development
Formation of national Advertisement Policy and Program
Skill development of Journalists
Development of Media village
National policy for the smooth movement and distribution of the press materials and production

Interim constitution guarantees press freedom
The Interim Constitution 2007 of Nepal, under its preamble, has expressed commitment to "full freedom of press, independent of judiciary and concept of rule of law."
The Interim Constitution guarantees freedom of expression to every citizen under Fundamental Rights in Part 3. Article 12 (3) (a) freedom of opinion and expressionb. freedom to assemble peaceable and without armsc. freedom to form political party or organizationsd. freedom to form unions and associationsProvided that, Nothing in sub-clause (a)shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignity and intgrity of Nepal, or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes, religion or communities, or on any act of defamation, contempt of court or incitement to an offence; or on any act which may be contrary to decent public behavior or morality.

Similarly, the Interim Constitution under Article 15 has guaranteed the following publication, broadcasting and press rights:

15. Right Regarding Publication, Broadcasting and Press: (1) No publication and broadcasting or printing of any news items, editorial, article, writings or other readings, audio-visual materials, by any means including electronic publication, braodcasting and press, shall be censored.
Provided that nothing shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignity or integrity of Nepal, or which may jeopardise the harmonious relations subsisting among the peoples of various castes, tribes or communities; or on any act of sedition, defamation, contempt of court or incitement to an offence; or on any act which may be contrary to decent public behaviour or morality.
(2) No radio, television, online or any other types of digital or electronic means, press or any other communication media shall be closed, seized or be cancelled the registration because of publishing and bradcasting or printing any material by such mens of audio, audio-visual or electronic equipments.
(3) No newspaper, periodical or press shall be closed, seized or be cancelled the registration for printing and publishing any news items, articles, editorial, writings or other reading materials.
(4) No communication means including press, electronic broadcasting and telephone shall be obstructed except in accordance with law.
27. Right to Information: (1) Every citizen shall have the right to demand or obtain information on any matters of his/her own or of public importance.
Provided that nothing shall compel any person to provide information on any matter about which secrecy is to be maintained by law.

28. Right to privacy: (1) Except on the circumstance as provided by law, the privacy of the person, residence, property, document, statistics, correspondence and character of anyone is inviolable.
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(Previous Constitution)The Constitution of the Kingdom of Nepal 1990 provides for the following fundamental rights and press freedom:-

PART 3
FUNDAMENTAL RIGHTS
11. Right to Equality:
(1) All citizens shall be equal before the law. No person shall be denied the equal protection of the laws.
(2) No discrimination shall be made against any citizen in the application of general laws on grounds of religion (dharma), race (varya), sex (linga), caste (jât), tribe (jâti) or ideological conviction (vaicârik) or any of these.
(3) The State shall not discriminate among citizens on grounds of religion, race, sex, caste, tribe, or ideological conviction or any of these.
Provided that special provisions may be made by law for the protection and advancement of the interests of women, children, the aged or those who are physically or mentally incapacitated or those who belong to a class which is economically, socially or educationally backward.
(4) No person shall, on the basis of caste, be discriminated against as untouchable, be denied access to any public place, or be deprived of the use of public utilities. Any contravention of this provision shall be punishable by law.
(5) No discrimination in regard to remuneration shall be made between men and women for the same work.

12. Right to Freedom:
(1) No person shall be deprived of his personal liberty save in accordance with law, and no law shall be made which provides for capital punishment.
(2) All citizens shall have the following freedoms:
(a) freedom of opinion and expression;
(b) freedom to assemble peaceably and without arms;
(c) freedom to form unions and associations;
(d) freedom to move throughout the Kingdom and reside in any part thereof; and
(e) freedom to practise any profession, or to carry on any occupation, industry, or trade.
Provided that -
(1) nothing in sub-clause (a) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of the Kingdom of Nepal, or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities, or on any act of sedition, defamation, contempt of court or incitement to an offence; or on any act which may be contrary to decent public behaviour or morality;
(2) nothing in sub-clause (b) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty, integrity or law and order situation of the Kingdom of Nepal;
(3) nothing in sub-clause (c) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of the Kingdom of Nepal, which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities, which may instigate violence, or which may be contrary to public morality;
(4) nothing in sub-clause (d) shall be deemed to prevent the making of laws which are in the interest of the general public, or which are made to impose reasonable restrictions on any act which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities;
(5) nothing in sub-clause (e) shall be deemed to prevent the making of laws to impose restriction on any act which may be contrary to public health or morality, to confer on the State the exclusive right to undertake specified industries, businesses or services; or to impose any condition or qualification for carrying on any industry, trade, profession or occupation.

13. Press and Publication Right:
(1) No news item, article or any other reading material shall be censored.
Provided that nothing shall prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of the Kingdom of Nepal, or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities; or on any act of sedition, defamation, contempt of court or incitement to an offence; or on any act against which may be contrary to decent public behaviour or morality.
(2) No press shall be closed or seized for printing any news item, article or other reading material.
(3) The registration of a newspaper or periodical shall not be canceled merely for publishing any news item, article or other reading material.

14. Right Regarding Criminal Justice:
(1) No person shall be punished for an act which was not punishable by law when the act was committed, nor shall any person be subjected to a punishment greater than that prescribed by the law in force at the time of the commission of the offence.
(2) No person shall be prosecuted or punished for the same offence in a court of law more than once.
(3) No person accused of any offence shall be compelled to be a witness against himself.
(4) No person who is detained during investigation or for trial or for any other reason shall be subjected to physical or mental torture, nor shall be given any cruel, inhuman or degrading treatment. Any person so treated shall be compensated in a manner as determined by law.
(5) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall be denied the right to consult and be defended by a legal practitioner of his choice.
Explanation: For the purpose of this clause, the words "legal practitioner" shall mean any person who is authorised by law to represent any person in any court.
(6) Every person who is arrested and detained in custody shall be produced before a judicial authority within a period of twenty-four hours after such arrest, excluding the time necessary for the journey from the place of arrest to such authority, and no such person shall be detained in custody beyond the said period except on the order of such authority.
(7) Nothing in clauses (5) and (6) shall apply to a citizen of an enemy state, and nothing in clause (6) shall apply to any person who is arrested or detained under any law providing for preventive detention.

15. Right against Preventive Detention:
(1) No person shall be held under preventive detention unless there is a sufficient ground of existence of an immediate threat to the sovereignty, integrity or law and order situation of the Kingdom of Nepal.
(2) Any person held under preventive detention shall, if his detention was contrary to law or in bad faith, have the right to be compensated in a manner as prescribed by law.

16. Right to Information:
Every citizen shall have the right to demand and receive information on any matter of public importance;
Provided that nothing in this Article shall compel any person to provide information on any matter about which secrecy is to be maintained by law.

17. Right to Property:
(1) All citizens shall, subject to the existing laws, have the right to acquire, own, sell and otherwise dispose of, property.
(2) The State shall not, except in the public interest, requisition, acquire or create any encumbrance on, the property of any person.
(3) The basis of compensation and procedure for giving compensation for any property requisitioned, acquired or encumbered by the State for in the public interest, shall be as prescribed by law.

18. Cultural and Educational Right:
(1) Each community residing within the Kingdom of Nepal shall have the right to preserve and promote its language, script and culture.
(2) Each community shall have the right to operate schools up to the primary level in its own mother tongue for imparting education to its children.

19. Right to Religion:
(1) Every person shall have the freedom to profess and practise his own religion as handed down to him from ancient times having due regard to traditional practices;
provided that no person shall be entitled to convert another person from one religion to another.[3]
(2) Every religious denomination shall have the right to maintain its independent existence and for this purpose to manage and protect its religious places and trusts.

20. Right against Exploitation:
(1) Traffic in human beings, slavery, serfdom or forced labour in any form is prohibited. Any contravention of this provision shall be punishable by law;
Provided that nothing herein shall be a bar to providing by law for compulsory service for public purposes.
(2) No minor shall be employed in work in any factory or mine, or be engaged in any other hazardous work.

21. Right against Exile:
No citizen shall be exiled.

22. Right to Privacy:
Except as provided by law, the privacy of the person, house, property, document, correspondence or information of anyone is inviolable.

23. Right to Constitutional Remedy:
The right to proceed in the manner set forth in Article 88 for the enforcement of the rights conferred by this Part is guaranteed.
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JOURNALIST CODE OF CONDUCT2003 (2060)
Preamble :
Whereas, it is expedient to revise the existing code of conduct by covering all means of mass media and adjusting timely international practices and norms, with a basic objective of safegaurding the freedoms and rights gauranteed by the Consitution of the Kingdom of Nepal, 2047 (1990) and making the people well-informed, and making the mass media and the journalists more responsive towards the nation and the society, and avoiding misuses of the same, by protecting the freedom of press by means of making the mass media and the journalists responsible and professional for the development of healthy journalism;
Now, therefore, with the consent of the Nepal Journalist Federation, as well, this Journalist Code of Conduct, 2060 (2003) has been framed and enforced, pursuant to Section 7(b) of the Press Council Act.

1. Title, Commencement and Extension:
(1) This Code of Conduct may be cited as the "Journalist Code of Conduct, 2060 (2003)".
(2) This Code of Conduct shall commence forthwith.
(3) This Code of Conduct shall apply to all journalists and communication media working in the Kingdom of Nepal.

2. Unless the subject or the context otherwise requires, in this Code of Conduct,-
(a) "Journalist" means a media worker related with the profession of journalism such as a chief editor, editor, member of editorial board, correspondent, columnist, photo journalist, press cameraman, cartoonist, program producer and runner, costume, scene and language editor associated with activities such as collection, production, edition and transmission of news materials through communication media of any nature like printing, electronic and on-line means.
(b) "media" includes newspapers, radio and television broadcasts and internet news and thoughtfull on-line services operated in the Kingdom of Nepal.
(c) "Council" means the Press Council-Nepal.

3. The journalist and media shall perform the following duties:
(1) Protection and promotion of press freedom: Being freedom of opinion and expression a basic right of a citizen, to always remain firm, vigilant and alert for its protection and promotion.
(2) Recognition of human rights and international relations: To enhance protection and promotion of democracy, justice, equality peace and international collaboration and fraternity among friendly nations, while at the same time recognizing rights, interests, principles, norms and practices guaranteed by human rights related international instruments.
(3) Safeguard and enforcement of the right to information: To always remain active and dedicated to safeguard the right of the people to be well-informed.
(4) Imparting true and factual informaiton: To impart true, factual, impartial as well as balanced information in order to achive the goal of professional journalism.
(5) Editorial freedom: A journalist should have responsibility and accountability for production and impartation of the materials published-broadcast in the media.
(6) Recognition of right to privacy : To recognize personal and professional secrecy except in cases where it causes adverse impact on the public interest.
(7) High professional practice : To exercise high professional practice in order to carry out responsibility, accountability and reliability, being dedicated to the basic norms and principles of journalism.
(8) Decent behavement: To remain alert for moral, courteous and decent working style and language, while at the same time recognizing social decency in professional practice.
(9) Readiness to rectify errors: Upon information of any error or mistake in publication and broadcast, to rectify such error or mistake as soon as possible, and to give proper place for a refusal or dinial or response, accompanied by evidence, and publish-broadcast the same in clear language.
(10) Social responsibility: Social responsibility shall be to render special assistance through flow of information and opinions in the upliftment and development of the disabled, helpless, incapacitated, children, women and backward class, sector, nationalities and minor communities.
(11) Mutual relationship among journalists and media should be professional, healthy, tempered, courteous and harmonious.

4. The journalist and media shall not carry out the following acts:
(1) Not to undermine national integrity: Not to publish and broadcast any news and opinion that may undermine the sovereignty and integrity of the multiethnic, multilingual and multireligious Kingdom of Nepal or jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities or contain act of defamation or contempt of court or be contrary to decent public behaviour or morality.
(2) Not to adversely affect social structure : Not to publish and broadcast such deformed and provocative materials as may cause adverse impacts on the social structure and be contrary to professional dignity.
(3) Not to disclose secret source of news: To quote source in presenting any news for the authenticity and reliability of the news; but protecting such secret source being a duty of the journalist, to keep secret the name and identification of such source, except in cases of permission by the source.
(4) Not to use for fulfillment of personal interest: Not to use any information materials, obtained for publication-broadcast of the same, for fulfillment of personal interest.
(5) Not to flow information in a discriminatory manner: Not to flow or impart any news and opinion in such a manner as to discriminate on such grounds as of race, sex, religion, region, language and color.
(6) Not to flow information in a manner to make victim suffer further pain: Not to publish broadcast any news and opinion through the use of language, picture, figure and scene, as well, in such a manner as as to make the victim suffer further pain.
(7) Not to publish name, address and identification of a victim: Not to publish broadcast any news, picture and scene in such a manner as a disclose the name, address and identification of a victim with regard to a sexual crime or social disregard or any hateful event or context.
(8) Not to encourage violence, terrorism and crime: Not to present any news, opinion, picture and scene in a manner to encourage disruption, violence, terrorism and crime and to exaggerate such activity.
(9) Not to publish and broadcast naked scene and picture in a manner to spread out hatred and provocation: Not to publish any hurt, naked and hatred provoking scene and picture in a manner to spread out nakedness and provocation and not to be contextual.
(10) Not to mention name of the person not related with event: In publishing-broadcasting any news related with any event, not to present such news in a manner to undermine dignity or defame character of a relative or intimate person not related with the event, by attaching the name of such relative or person to such event.
(11) Not to publish unfactual news: Not to distort the fact, confuse for undue benefit, and publish a factless remark as news.
(12) Not to present advertisement as news: Neither to present an advertisement as news nor to refute news by way of advertisement; and a communication media shall not generally refute any news published and broadcast in another media.
(13) Not to use without quoting source: In using any news materials communicated by any news agency or media, not to publish or broadcast the same without quoting such original source.

5. Complaint and complaint procedures:
1) A victim may file a complaint with the council against any journalist and media within the time-limit referred to in sub-section (4), accompanied by factual evidence showing violation of the conducts mentioned in this Code of Conduct. If such a complaint is filed and the Council thinks, upon holding general inquiry, that any act has been done in violation of this Code of Conduct, the Council shall send summons, accompanied by a copy of the complaint, to the accused party, requiring that party to make presence along with evidence, if any, showing innocence, generally within seven days or within such time-limit before seven days as the Council may think fit.
2) Notwithstanding anything contained in sub-section (1), if any journalist or media publishes and broadcasts any news in a maner to cause negative impacts directly or indirectly on the public interest and concern. The Council may on its own initiate action against such journalist or media, pursuant to this Code of Conduct.
3) Notwithstanding anything contained in sub-section (1), the Council may, after general inquiry as to the complaint and before sending the summons to the accused party, give the concerned journalist or media such necessary direction as to immediately refute the news or beg a pardon or send reasonable reply.
4) If a complaint on publication and broadcast of any news by a journalist and media in violation of this Code of Conduct is not filed within fifteen days of publication and broadcast of such news, such a complain shall not lie. If there is any resonable reason for failing to file a complaint within the time-limit, the Council may entertain a complaint at any time.
5) After a written response has been filed with the Council by the accused party under the above mentioned sub-sections or despite that no response is filed within the specified time-limit, the council shall make decision on that matter within twenty days in general.
6) Prior to making a decision pursuant to sub-section (5), the Council may, if it thinks necessary, summon presence of both the complainant and the accused party and hold discussions between them.
7) If the complainant and the accused party reach a compromise and make a joint request in writing for compromise, the Council may execute compromise and settle the dispute.

6. Provision on Decision and Enforcement
If any party is held to have committed a conduct prohibited by clause (b) of Section 3 of this Code of Conduct, the Council shall make decision and take action as follows in a respective manner:-
1) The Council shall order the concerned media to publish and broadcast the decision made on the complaint in such form, place and time as may be specified by the Council.
2) If the accused party does not carry out the order given under sub-section (1), the Council shall make recommendation to the concerned body to suspend the press pass of such party if that party holds such pass.
3) If the accused party does not act under sub-section (1) even after suspension of the press pass pursuant to sub-section (2), the distribution verification committee of the Council shall remove the media of such party from evaluation process.
4) If the party does not observe the decision referred to in sub-section (1) even after removing from the evaluation process pursuant to sub-section (3) above, not assistance shall be provided to such party from the welfare fund of the Council.
5) If the party does not carry out the act directed under sub-section (1) even after cutting out assistance from the welfare fund pursuant to sub-section (4), the Council shall make recommendation to the concerned body to suspend the facilities to be provided by His Majesty's Government, for a certain period.
Provided, however, that the Council may, if it thinks necessary, take both actions referred to in sub-sections (4) and (5) at the same time.
6) The Council shall express regret over the journalist and media failing to carry out any decision of the Council and publish boardcast this matter publicly.

7. Repeal :
The Journalist Code of Conduct, 2055 is hereby repealed.
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The National Broadcasting Act, 1993
Date of Royal Assent and Publication2050.2.27.4 (Wednesday, 9 June 1993)
The Act Amending Some Nepal Acts Relating to Communications, 2057 (2000)
2057.10.18 (Jan. 31, 2001)
Act number 6 of the year 2049 (1993)
An Act made to provide for national broadcasting
Preamble:
Whereas, in order to protect and promote the freedom of expression and the right to be informed guaranteed to the people by the Constitution of the Kingdom of Nepal, 2047 (1990), and to raise public awareness also through the language of the nation as well as national languages by creating an environment of equality, mutual good faith, and harmony amongst all the tribes, languages, classes, regions and religious denominations by imparting economic, social and cultural activities of the country to the people through the broadcasting system, it is expedient to make legal provisions on the broadcasting , without any obstruction, of the flow of information in order that the general public get informed about impartial as well as authentic news and information taking place at the national and international level, by making the broadcasting media reliable, effective and strong, with the use of modern technology available in the field of information and communications;
Now, therefore, be it enacted by Parliament in the twenty-second year of the reign of His Majesty the King Birendra Bir Bikram Shah Dev.

1. Short title and commencement :
(1) This Act may be cited as the "National Broadcasting Act, 2049 (1993)"
(2) This Act shall come into force forthwith.

2. Definitions : Unless the subject or the context otherwise requires, in this Act, -
(a) "Broadcasting " means the radio communication service to be so sent through signal, sound, image, picture or similar other way that the general public may get information.
(b) "Program" means any kind of program to be broadcast through audio or audio-visual means.
(c) "Frequency modulation broadcasting system" means a broadcasting made for the radio or television technology, by a broadcasting institution through the prescribed channel by using the frequency modulation broadcasting system.
(d) "License" means the broadcasting license to be issued pursuant to Section 6 for broadcasting any program or the license to be issued for broadcasting by establishing the frequency modulation broadcasting system.
(e) "Broadcasting institution" means a person or body corporate having obtained the license to broadcast programs under this Act.
(f) "Satellite" means the satellite placed in the space in order to obtain various broadcasting materials or send them elsewhere.
(g) "Cable" means the technology by which broadcasting materials are sent to various customers, members or consumers by wire from any certain broadcasting station.
(h) "Earth station" means a station to be established in the earth surface in order to exchange broadcasting programs through satellite.
(i) "Broadcaster" means a person reading out a program to be broadcast by a broadcasting institution, and this term also includes a person who composes and edits such program.
(j) "Prescribed” or “as prescribed" means prescribed or as prescribed in the Rules framed under this Act.

3. Supervision and operation of programs relating to broadcasting: His Majesty's Government shall have the powers to formulate policies on supervision and operation of programs relating to broadcasting within the Kingdom of Nepal.

4. Prohibition on broadcasting without license: No one shall broadcast any program without obtaining the license pursuant to this Act.

5. Application for license: Any person or body corporate who intends to broadcast any program by way of satellite, cable or other means of communication or to broadcast any didactic, entertaining and informative programs by establishing the frequency modulation broadcasting system in any place within the Kingdom of Nepal shall submit to His Majesty's Government an application in such format and accompanied by such fee as prescribed.

6. Issuance of license: Upon receipt of an application referred to in Section 5, His Majesty's Government may, holding necessary inquiry into the application, issue the license, in the prescribed format, for broadcasting a program, subject to observance of the prescribed terms.

7. Powers to prevent broadcasting: Taking into account of the nation and national interest, His Majesty's Government may, by a notification published in the Nepal Gazette, prevent any program pertaining to any particular subject, event or area from being broadcast by a broadcasting institution, for a period not exceeding six months at a time.

8. Power to cancel license of broadcasting institution: (1) If any broadcasting institution broadcasts any program in contravention of this Act or the Rules framed hereunder, His Majesty's Government may cancel the license obtained by such broadcasting institution.
(2) Prior to cancellation of the license under sub-section (1), His Majesty's Government shall give a reasonable opportunity to such broadcasting institution to defend itself.

9. Special provisions on establishment of earth station: (1) Any person or corporate body, or a native and foreign person or corporate body in joint investment, who intends to broadcast any program by establishing the earth station relating to satellite and cable television, has to submit an application to His Majesty's Government for permission.
(2) Upon receipt of an application referred to in sub-section (1), His Majesty's Government may, if, following necessary inquiry into that application, it deems reasonable to give permission to the applicant to broadcast any program by establishing the earth station relating to satellite and cable television, issue permission, as prescribed, to broadcast the prescribed programs, subject to observance of the prescribed terms.
(3) Other provisions on the establishment of the earth station and broadcasting shall be as prescribed.

10. Broadcasting and distribution fee: If a broadcasting institution intends to distribute and operate any program, the fees to be paid to His Majesty's Government or the prescribed organization and the fees to be collected from the persons or bodies using such program shall be as prescribed.

11. Production and broadcasting of programs: While producing and broadcasting any program, a broadcasting institution has to give priority to the following matters:-
(a) Development-oriented programs such as agriculture, education, industry, commerce, science and technology, health, family planning and forest and environment protection,
(b) Such kinds of programs as to enhance equality, mutual good faith and harmony amongst all the tribes, languages, classes, areas and religious denominations,
(c) Programs that contribute to the upliftment of various languages and cultures of Nepal,
(d) Programs on such subjects as may enhance the national interest and national unity,
(e) Programs on such subjects as may raise national consciousness and moral awareness,
(f) Such kinds of programs as to raise social consciousness and develop democratic values, norms and culture in the people,
(g) Programs on such subjects as may not cause adverse impact on the relations between Nepal and neighboring countries as well as friendly countries,
(h) Programs relating to the foreign policy pursued by the country,
(i) Programs promoting folk songs and folk cultures,
(j) Important activities happening or taking place at the national and international level.

12. Participation of private sector in production and broadcasting of program: In addition to the public sector, the private sector may also be got involved so as to make any programs fair, simple, efficient and effective.

13. Provision of time to foreign broadcasting institution or communication media: If any foreign broadcasting institutions or communication media intend to get any program broadcast by a broadcasting institution, time may be provided to broadcast any didactic, entertaining and informative programs, based on the prescribed standards, without causing any adverse impact on the national interest.

14. Provision of time to broadcast advertisement: If any person intends to get any advertisement on publicity of any matter broadcast to the general public, time may be provided for broadcasting that advertisement, by collecting the prescribed fee from such person, institution or body.
Provided, however, that the broadcasting of advertisement of substances, such as smoking and liquors, causing harm to the public health shall be discouraged.

15. Prohibition on broadcasting of advertisement: (1) Notwithstanding anything contained in Section 14, no one shall broadcast, or cause to be broadcast, any advertisement of the following matters:-
(a) Matters adversely affecting political parties,
(b) Materials of vulgar type,
(c) Materials with object to oust the elected government by using violent force;
(d) Matters of such a nature as to create unusual fear and terror in the general public,
(e) Matters contrary to the non-aligned foreign policy of Nepal,
(f) Materials misinterpreting disregarding, insulting and devaluing any tribe, language, religion and culture.
(2) Notwithstanding anything contained in sub-section (1), nothing contained in this Section shall be deemed to prevent His Majesty's Government, in consultation with the Election Commission, from allowing any political party to give information about matters such as manifesto, program or philosophy of such party, at the time of election.

16. Functions, duties and powers of broadcaster: The functions, duties and powers of the broadcaster shall be as follows: -
(a) To have necessary investigation as to the truth of the information, news, articles or programs received by him and broadcast, or cause to broadcast, them at the specified time,
(b) To edit and broadcast, or cause to be edited and broadcast, the news by being politically neutral,
(c) Not to broadcast, nor cause to be broadcast, such kinds of programs as may undermine public security, moral and social decency,
(d) Not to broadcast, nor cause to be broadcast, any matters recklessly or negligently,
(e) Even if broadcasting is to be made about any debatable matter, to broadcast it by analyzing it from all viewpoints to the extent possible, and without twisting the state of affairs,
(f) Not to collect and broadcast false and illusive news,
(g) To carry out such other functions as specified by the broadcasting institution.

17. Punishment: (1) If any person broadcasts, or causes to be broadcast, any program without obtaining the license of broadcasting institution pursuant to Section 6 or without obtaining permission pursuant to Section 9, such person shall be punished, by order of the prescribed authority, with a fine of a sum equal to the license and permission letter fee and the charge as referred to in Section 10, by recovering such fee and charge ten [1] or with imprisonment for a term not exceeding one year or with both punishments.
(2) If any person broadcasts, or causes to be broadcast, any program in contravention of this Act or the Rules framed hereunder or commits, or causes to be committed, any act in contravention of this Act or the Rules framed hereunder, the prescribed authority may punish such broadcasting institution, broadcaster or other related person with a fine not exceeding ten thousand rupees or with imprisonment for a term not exceeding one year or with both punishments.

18. Appeal: Any person who is not satisfied with any order or punished made or imposed by His Majesty's Government or the prescribed authority may file an appeal to the concerned Appellate Court within thirty-five days.

19. Security of broadcasting institution: If His Majesty's Government thinks that there is a likelihood of any kind of loss or damage to a broadcasting institution because of a riot or unrest, it may arrange for security by sending security force to that place for such period as it may think necessary.

20. Delegation of powers: His Majesty's Government may delegate any or all of the powers conferred on it by this Act to any authority or body.

21. Powers to frame Rules: His Majesty's Government may frame necessary Rules in order to implement the objectives of this Act.

22. Prevalence of prevailing law: The matters contained in this Act shall be governed by this Act, and the other matters shall be governed by the prevailing law.

23. Saving: Notwithstanding anything contained elsewhere in this Act, a body corporate fully or partly owned by His Majesty's Government established prior to the commencement of this Act shall be deemed to have obtained the license of broadcasting institution under this Act.
[1] Amended by the Act Amending Some Nepal Acts Relating to Communications, 2057 (2000).