MEDIA SHOULD PROTECT DEMOCRACY TO PROTECT ITS OWN FREEDOM
A senior journalist and pro-democracy campaigner, HARIHAR BIRAHI is known for his unflinching commitment to the promotion of press freedom in Nepal. Former editor of a popular weekly, Bimarsha, Birahi was also put behind bars even after the restoration of democracy on charges of contempt of court. As the chairman of Press Council of Nepal, he is currently working on to make the fourth state accountable and responsible. He spoke to FREE EXPRESSION at his office on related issues. Excerpts:

What do you think are the main challenges in front of the freedom of press in Nepal?
The Nepalese press has undertaken a long struggle for the freedom of press. The guaranteeing of the press freedom and freedom of expression in the constitution of the kingdom of Nepal, 1990, is also the reflection of that struggle. Now the main challenge is to enhance professionalism in the media sector by exercising that freedom. The social, political and economic environment in the society naturally does have their impact upon the (performance of the) press. As other sectors are still evolving, Nepalese press, too, has to bear different problems. Of course, there has been some negative impact of the wrong tendencies of the society upon the press. So, the press freedom can guarantee the future of the press only when the media sector commits itself to do away with such tendencies.

Over the last few years, incidences of attacks upon the press from the government and rebels have gone on increasing. How do you look at it?
While talking of the government's intervention upon the media the press seems to be afraid of an `imaginary threat.' There have been speculations if the government is turning autocratic. But all the officials have said so far is that the media should not promote violence and help in stopping it. The constitution has prohibited publication of any material that could incite communal violence or jeopardize national security, for example. Our society is becoming so addict to the free press that the government can't impose restrictions now even if it wanted to. So, instead of the government trying to control us, we ourselves should develop certain code of conduct and implement it effectively. The media itself should be aware not to promote violence and not to do any thing that could undermine freedom of the press.

How do you see increasing cases of attacks by a section of civil society against the press?
One of the major reasons for such attacks is that several media persons are involved in activities other than journalism at the same time. This might give rise to a situation of conflict. Similarly, journalists are found behaving as a political activist while covering a meeting or program of political parties. When police takes action to control the crowds, journalists also get injured. As our civil society is still in a learning phase, people tend to use force rather than refuting the published news reports. If the media persons follow code of conduct and work as independent, professional journalists such incidences would go on decreasing.

Could raising the amount of compensation in cases of libel discourage such trends?
It could help to some extent but it could also obstruct the revelation of the truth. For the development of journalism, congenial social environment will be more appropriate rather than formulating stringent laws. We can improve the situation by exerting moral pressure on the journalists who publish biased or misleading news reports. As professionalism in Nepali journalism is yet to develop and media organizations are yet to become institutionalized, such incidences will continue to occur. Of course, the situation has improved a lot over the last few years. With the application of new technologies and millions of rupee investment in this sector, Nepali media sector has undertaken a giant leap forward. Now the question is that of reliability to which all the media people must be well aware.

There are complaints that the Press Council of Nepal, too, is not playing its role more effectively.The main job of the Press Council is to formulate code of conduct for the media and enforce it by motivating the media community. In the Panchayat days, Press Council as only a show piece. Now the situation has changed. We have enforced a joint code of conduct prepared by the Press Council and the Federation of Nepalese Journalist. We have been considering amendment in the existing code and are also monitoring its implementation. There is very big interest toward journalism outside Kathmandu but there is lack of knowledge and information in the society. So, Press Council is organizing interactions among people from different walks of life and has been telling them to approach us if they feel offended by news reports. Now we are receiving more complaints. Press Council is not a body to punish the journalists, but motivate the journalists and make them aware about the norms and moral values of this sector. If certain newspaper doesn't publish rejoinder by the aggrieved party, then we request the media concerned to give them a chance. So far, we are getting cooperation from all sides.

How has been the response of the Press Council and courts toward libel suits?
The number of complaints at the Press Council of Nepal is increasing over the last few years. People are also reaching the courts against the news reports that they feel are damaging. The court verdicts generally seem protective of the newspapers and don't want to punish them. So, the aggrieved party might not be satisfied and even resort to physical abuses against the media or media personnel concerned.

Media personnel are still facing financial and intellectual exploitation at their working place. What would you say?
There may have been exploitation even now but the situation has improved to a great extent. Earlier, those working in the media could not even think of making money out of their newspapers and were required to invest whatever they could. Now, journalists especially with the daily newspapers and electronic media are drawing good salaries. But as the Working Journalists Regulation is yet to be implemented there still is an environment of insecurity for the media personnel. In terms of benefits, those working in private media are getting more than their counterparts in the official media.

It is widely believed that the Nepali press may have to work under great pressure as the conflict between the government and Maoist rebels seems to getting intensified?
Of course, you are right. Whenever violation erupts it will have impact not only on local people and administration media people are also likely to suffer. In several districts, people can't read newspapers of their choice. Newspapers don't get readers. Journalists can't move freely in several districts due to threats to their safety. Rebels have been using ambushes in their strongholds with a view to trap the policemen. But ordinary people and even journalists could fall victims to such ambushes. Due to deteriorating law and order situation, businesses and industries are getting closed. In the absence of advertisement, no newspapers can survive. As schools are getting closed and educated people are leaving their villages the number of readers is decreasing. Restoration of peace and institutionalization of democracy is not only a political issue. If democracy is lost, media personnel would be the first victims. So, media personnel should work toward the protection of democracy to protect their own freedom.

The Press often looks hostile toward the establishment. Is it justified?
Journalism worldwide is generally anti-establishment in nature. It is the job of the media to give voice to the voiceless. In Nepal, the government is still running some print and electronic media. But private newspapers have more readership than the official media. They are giving due coverage to policy matters and are criticizing the government's activities generally on the merit basis. The government should take the media into confidence. The media too should not treat the government as an opponent or competitor.

What is the position of the proposed right to information bill?
The draft right to information bill is in its final stage, which is a matter of pleasure to all of us. Of course, this bill should have been introduced much earlier but. A number of media organizations including the Press Council and FNJ have advocated with the government in favor of such a bill. I am optimistic that the bill may be introduced in the upcoming budget session of the parliament. Though our constitution guarantees right to information to all the citizens it could not be practiced in the absence of a law. Now it's up to the media community to better utilize it. At the same time, all of us are enjoying freedom of expression, which we should use in a judicious way.

Courtesy: Harihar Birahi