Press Freedon In India

Freedom of the Media in India - Constitution and Courts

FREEDOM OF THE MEDIA -CONSTITUTION AND THE COURTby The Hon Soli J Sorabjee Attorney General, India

Freedom of the Press was one of the constitutional guarantees persistently demanded by India's freedom fighters during British colonial rule. The British masters disdainfully turned down the demand on the ground that abstract declarations of rights are useless, unless there exist the will and the means to make them effective.Not surprisingly after Independence and during the framing of India's Constitution in the Constituent Assembly, the Founding Fathers attached great importance to Freedom of the Press. They believed that central to the concept of a free press is the freedom of political opinion and at the core of that freedom lies the right to criticise and censure the government. Surprisingly freedom of the press is not specifically mentioned in the Chapter on Fundamental Rights in the Indian Constitution. The omission was noticed and criticised in the Constituent Assembly. Dr. B. R. Ambedkar, the principal architect of the Constitution, assured the members that freedom of the press was included in the guarantee of freedom of speech and expression and it was hardly necessary to provide for it specifically.
This view has been vindicated by the Supreme Court of India. In a series of decisions from 1950 onwards the Supreme Court has ruled that Freedom of the Press is implicit in the guarantee of freedom of speech and expression in Article 19(1)(a) of the Constitution[1]. Thus freedom of the press by judicial interpretation has been accorded constitutional status[2].Ê This is an instance of Constitutional implication.Ê However there is a strong body of opinion, which favours specific mention of freedom of the press as a fundamental right. No fundamental right guaranteed by the Constitution of India is absolute. Freedom of the press also can be restricted provided three distinct and independent prerequisites are satisfied.(1)
The restriction imposed must have the authority of law to support it. Freedom of the Press, like any other fundamental right, cannot be curtailed by executive orders or administrative instructions, which lack the sanction of law.(2) The law must fall squarely within one or more heads of permissible restrictions specified in Article 19(2), namely, (a) security of the State, (b) sovereignty and integrity of India, (c) friendly relations with foreign States, (d) public order, (e) decency or morality, (f) contempt of court, (g) defamation or (h) incitement to an offence[3]. In its landmark judgment in the case of Sakal Papers[4], the Supreme Court ruled that it is not open to the State to curtail the freedom of the press for promoting the general welfare of a section or a group of people unless its action can be justified by a law strictly falling under clause 2 of Article 19. Freedom of the Press cannot be curtailed on such omnibus grounds as in the interest of the general public as in the case of the freedom to carry on trade, business or profession. (3) The restriction must be reasonable. In other words, it must not be excessive or disproportionate. The procedure and the manner of imposition of the restriction also must be just, fair and reasonable[5]
The validity of the restriction is justiciable. Courts in India exercising the power of judicial review can invalidate laws and measures which do not satisfy the above requirements, and have done so.The Indian judiciary has placed a generous construction on the ambit of freedom of the press and given it a capacious content. It has ruled that freedom of the press embraces a variety of rights. The right guaranteed is not merely the individual right of the proprietor of the newspaper, or the editor or the journalist. It includes the right to disseminate and import information over the right of citizens to receive information to read and to be informed.Ê In substance, it is the right of the people to know.Ê The right to information has been spelled out by the Supreme Court from the guarantee of free speech in Article 19(1)(a) in its judgment in S. P. Gupta.[6]
There is no law as yet on Freedom of Information.Ê A Bill is pending in Parliament.Ê Freedom of the press does not occupy a preferred position in the Indian Constitution which does not recognise a hierarchy of rights. Yet there are dicta of the Supreme Court describing this freedom as "the Ark of the Covenant of Democracy"[7], ãthe most precious of all the freedoms guaranteed by our Constitutionä[8].The test adopted by the Supreme Court for determining whether a particular piece of legislation infringes freedom of the press is the effect and operation of the legislation. It is not the object of the law or the form of executive action that determines the invasion of a fundamental right. The true test is whether the direct and inevitable effect of the impugned legislation or action is to abridge freedom of the press.[9]
Hence government's attempt to control the growth and circulation of newspapers under the garb of distribution of newsprint under a newsprint policy promulgated under the Import and Export Control Act was foiled. In its celebrated decision, Bennett Coleman & Co. v. Union of India[10]the Court ruled that a newsprint policy like the one before the Court was violative of the freedom of the press because it imposed restrictions which severely constricted newspapers in adjusting their page number and circulation and also curtailed the area of advertisement. The Court ruled that loss of advertisements seriously affects the circulation of a newspaper and a restraint on advertisements would clearly affect the freedom of the press.An interesting case arose in the State of Andhra Pradesh. The proprietor of a Telugu daily, Eenadu, complained that government had withdrawn advertisements from its paper on account of extraneous reasons, namely its criticism of the government, and this had adversely affected the circulation of the paper and its revenue. The action of the government was challenged. The High Court did not accept the contention that a newspaper has a constitutional right to obtain advertisements from the government. It, however, held that the government cannot exercise this power or privilege ãto favour one set of newspapers or to show its displeasure against another section of the press. It should not use the power over such large funds in its hands to muzzle the press, or as a weapon to punish newspapers which criticise its policies and actions. It has to use the funds in a reasonable manner consistently with the object of the advertisement viz. to educate and inform the public about the activities of the governmentä.[11]The press is not immune from the ordinary forms of taxation for support of the government nor from the application of the general laws relating to industrial relations.[12]
Yet, in another of its celebrated judgment in Indian Express Newspapers v. Union of India[13] in which a steep customs duty on newsprint was challenged, the Court observed that the imposition of a tax such as customs duty on newsprint is an imposition on knowledge and the Court has to reconcile the social interest involved in the freedom of the press with the public interest involved in the fiscal levies imposed by the Government. Therefore in the case of a tax on newsprint, it may be sufficient to show a distinct and noticeable burdensomeness clearly and directly attributable to the tax and it is not necessary to establish that the levy is confiscatory, which would be the requirement in other cases of taxation.According to the recent judgment of the Supreme Court commercial speech is within the guarantee of Article 19(1 )(a) and therefore commercial advertisements are entitled to constitutional protection.[14]
One of the vexed issues before the Court has been that of censorship by way of prior restraint.There is no provision in the Indian Constitution permitting or proscribing censorship. The sting of censorship lies in prior restraint which affects the heart and soul of freedom of the press. Expression is snuffed out before its birth. The communication in question may never see the light of day. Suppression by a stroke of the pen is more likely to be applied by the censoring authorities than suppression through a criminal process and thus there is far less scope for public appraisal and discussion of the matter. That is the real vice of prior restraint and its irresistible attraction to the censor.Is prior restraint intrinsically evil? Is it per se unconstitutional? There is unending debate on this question. In the Japanese Constitution (Article 21) and the German Constitution (Article 5) pre-censorship is prohibited. Again the American Convention on Human Rights (San Jose) 1969 (ACHR) expressly states in Article 13(2) that freedom of expression "shall not be subject to prior censorship". There was strong American influence in the drafting of the Japanese and German Constitutions after World War II. Yet even in the land of the First Amendment, for which there is more reverence than to the Ten Commandments, and despite the robust American tradition and the thrust of US judicial opinion against censorship, there is no absolute rule against prior restraint. Indeed, its necessity has been recognised, albeit in exceptional cases, by the United States Supreme Court in the seminal case of Near v. Minnesota, the sheet anchor of the opponents of prior restraint. The Court observed that ãthe protection even as to previous restraint is not absolutely unlimitedäand listed as exceptions obstructions to recruitment during war, publication of military movements, obscenity, ãincitements to acts of violence and the overthrow by force of orderly governmentä, and words that "may have all the effect of force".[15]
The Supreme Court of India in May 1950 had to resolve the question in Brij Bhushan v. The State of Delhi.[16] Section 7(1)(c) of the East Punjab Safety Act 1949 provided for submission of material for scrutiny if the government was satisfied that such action was necessary for the purpose of preventing or combating any activity prejudicial to public safety or the maintenance of public order. The Court declared the statutory provision in question unconstitutional on the ground that the restrictions imposed were outside the purview of Article 19(2) as it then stood, which did not include public order as a permissible head of restriction. The Court did not rule that prior censorship is per se unconstitutional. Indeed, in 1957 the Court upheld censorship imposed under the Punjab Special Powers (Press) Act 1956 for a temporary period, which provided for a right of representation to the government.[17] It is noteworthy that another statutory provision imposing censorship without any time limit and without providing any right of representation was struck down by the Court in a judgment delivered on the same day.[18]ÊÊÊÊÊÊÊÊÊÊÊ
India's worst brush with censorship occurred during the spurious emergency declared by the government of Prime Minister Indira Gandhi on 25 June 1975. Censorship of the Press was imposed for the first time in independent India by the promulgation of a Central Censorship Order, dated 26 June 1975. No censorship was imposed during two previous declarations of emergency, in 1962 and in 1971, when the nation was fighting a war. Under the Indian Constitution during an emergency, fundamental rights, including freedom of speech and expression and the freedom of the press, stand suspended. Censorship, which in normal times would be struck down, becomes immune from constitutional challenge. Taking advantage of the emergency, numerous repressive measures were adopted in the form of executive non-statutory guidelines, and instructions were issued by the censor to the press. One of the instructions of the censor was that "nothing is to be published that is likely to convey the impression of a protest or disapproval of a government measureä.[19]
ÊÊÊÊÊÊÊÊÊÊÊ Consequently anything that smacked of criticism of governmental measures or action was almost invariably banned, even if the criticism was sober and moderate. The censor's scissors were applied arbitrarily and in a few cases its decisions bordered on the farcical. Quotations from Mahatma Gandhi, Tagore and Nehru were banned. A statement by the Chairman of the Monopolies and Restrictive Trade Practices Commission criticising the working of public sector undertakings was blacked out. Other ludicrous instances are the bans imposed on news about a member of a former royal family, Begum Vilayat Mahal, squatting at New Delhi railway station; a report about junior lawyers marching to the Delhi High Court; a London report of the arrest of a famous Indian actress for shoplifting; and the news about a meeting of the Wild Life Board, which considered the grant of a hunting licence to a certain Maharajahâs brother.[20]
These bans had nothing to do with the security of the State or preservation of public peace and order but reflected the capricious working of the censoring authorities.Some of the censorâs directives were sinister, like the ones prohibiting any reference to the transfer of State High Court judges, banning publication of judgments of High Courts which ruled against the censor, "killing" news of the opposition of certain State governments to proposed constitutional amendments, banning reports of alleged payoffs made during the purchase of Boeing aircraft and suppressing criticism of family planning programs. The object was not merely withholding of information but manipulation of news and views to legitimise the emergency and make it acceptable. One tragic consequence was that inhuman practices like forcible sterilisation of young men after removing them from buses and other excesses of over-enthusiastic family planning officials came to light much later after the events, by which time family planning had become an anathema to the rural masses. An urgent and important programme suffered a serious setback owing to suppression of freedom of the press by the censor.ÊÊÊÊÊÊÊÊÊÊÊ
The Indian judiciary, especially the State High Courts, displayed commendable courage in striking down the censor's orders and upheld the right of dissent even during the emergency. The High Court of Bombay in its landmark judgment in Binod Rao v. Masanidelivered on 10 February 1976 declared:
ãIt is not the function of the censor acting under the Censorship Order to make all newspapers and periodicals trim their sails to one wind or to tow along in a single file or to speak in chorus with one voice. It is not for him to exercise his statutory powers to force public opinion in a single mould or to turn the Press into an instrument for brainwashing the public. Under the Censorship Order the censor is appointed the nursemaid of democracy and not its gravedigger. · Merely because dissent, disapproval or criticism is expressed in strong language is no ground for banning its publication ...ä.[21]
The Court, however, cautioned that the voice of dissent cannot take the form of incitement of revolutionary or subversive activities, for then instead of serving democracy it would subvert it.ÊÊÊÊÊÊÊÊÊÊÊ The High Court of Gujarat in its judgment in C. Vaidya v. DâPenha castigated the censorship directives for imposing upon the people "a mask of suffocation and strangulation". In construing the expression "prejudicial report", the Court observed: ãTo peacefully protest against any governmental action with the immediate object of educating public opinion and the ultimate object of getting the ruling party voted out of power at the next general elections is not a prejudicial report at all. Such a public education is the primary need of every democracy.ä[22]ÊÊÊÊÊÊÊÊÊÊÊ These judgments were delivered at a time when "inconvenient" judges during the emergency were transferred from one State to another in India. Notwithstanding this, the High Courts rose to the occasion. Indeed it was their finest hour.ÊÊÊÊÊÊÊÊÊÊÊ In R. Rajagopal v. State of TN[23] the Supreme Court held that neither the government nor the officials who apprehend that they may be defamed, had the right to impose a prior restraint upon the publication of the autobiography of Auto Shankar, a convict serving sentence of death in jail, which was likely to reveal a nexus between criminals and high ups in the police.Ê The Court held that ãThe remedy of public officials/public figures, if any, will arise only after the publication. ...ä
The Court has however accepted prior restraint in the case of exhibition of motion pictures because ã.... it has been almost universally recognised that the treatment of motion pictures must be different from that of other forms of art and expression. This arises from the instant appeal of the motion picture ...ä It, however, emphasised the necessity for a corrective machinery in the shape of an independent tribunal and also a reasonable time limit for the decision of the censoring authorities. In laying down certain guidelines for the censor, the Court was at pains to point out that the "standards must be so framed that we are not reduced to a level where the protection of the least capable and the most depraved amongst us determines what the morally healthy cannot view or read. The standards that we set for our censors must make a substantial allowance in favour of freedom."[24]
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Courts in India have ruled that in adjudging the question of proscription of articles in the press or banning the exhibition of a movie or programs in the TV channels, the standards to be employed must be of reasonable, strong-minded human beings and not those of weak and vacillating minds nor of those who scent danger or perceive hurt and insult in every critical point of view. It is not permissible to stifle all free expression of opinion by imagining lurking dangers in every corner and discovering sharp curves and hairpin bends when all that exists is a straight road. The correct test is: what impression the article or movie as a whole would produce upon a man of ordinary commonsense.[25]

Onslaughts on freedom of expression can emanate also from non-State actors, namely groups or individuals who demand the banning of a book or a movie which appears offensive or hurtful to them. A determined effort was made to ban the exhibition of a movie by a group of persons who regarded its theme and presentation as hostile to the policy of reservation of jobs in public employment and seats in educational institutions in favour of Scheduled Castes and backward classes, for whose benefit special provisions by way of protective or compensatory discrimination are enacted in the Constitution of India. The Madras High Court[26] in an incredible judgment revoked the certificate granted by the Board of Censors permitting exhibition of the film and restrained its exhibition.ÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊ
In a path breaking decision the Supreme Court promptly reversed the High Court judgment.[27]Ê It approved the observations of the European Court of Human Rights that "freedom of expression protects not merely ideas that are accepted but those that offend, shock or disturb the State or any sector of the population. Such are the demands of the pluralism, tolerance and broadmindedness without which there is no democratic society" [28]. The Court laid down a vital principle in these words: "If the film is unobjectionable and cannot constitutionally be restricted under Article 19(2), freedom of expression cannot be suppressed on account of threats of demonstrations and processions or threats of violence. That would be tantamount to negation of the rule of law and surrender to blackmail and intimidation. Freedom of expression which is legitimate and constitutionally protected cannot be held to ransom by an intolerant group of people."[29]ÊÊÊÊÊÊÊÊÊÊÊ
This judgment has far-reaching implications. Its wholesome effect and timeliness cannot be over-emphasised in view of the rising intolerance of late witnessed in India. Tranquillity ought not to be maintained in all cases by sacrifice of liberty. Threats to law and order should be firmly put down rather than suppress freedom of expression, which it is the duty of every democratic state to uphold.
ÊDefamation is one of the heads of restrictions specified in the Constitution. Libel laws can have a chilling effect on freedom of expression and freedom of the press. The Supreme Court of India in its judgment in R. Rajagopal v. State of TN[30] broadly approved of the principles laid down by the U.S. Supreme Court in New York Times v. Sullivan[31] and by the House of Lords in the Derbyshire County Council[32]and laid down that there is no liability ã... even where the publication is based upon facts and statements which are not true, unless the official establishes that the publication was made (by the defendant) with reckless disregard for truth. In such a case, it would be enough for the defendant (member of the press or media) to prove that he acted after a reasonable verification of the facts; it is not necessary for him to prove that what he has written is true. Of course, where the publication is proved to be false and actuated by malice or personal animosity, the defendant would have no defence and would be liable for damages."[33]Ê The Indian position is more akin to Theophanus than Lange.ÊÊÊÊÊÊÊÊÊÊÊ
Contempt of Court is another permissible head of restriction on freedom of expression and freedom of the Press.Ê The Supreme Court has upheld the constitutionality of the Contempt of Courts Act 1952 on the ground that the Act did not impose unreasonable restrictions on the right of freedom of speech and is saved under Article 19(2).[34]
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Courts have frowned upon comments made in the press upon pending cases. The Punjab High Court ruled that "liberty of the press is subordinate to the proper administration of justice. The plain duty of a journalist is the reporting and not the adjudication of cases."[35] In the view of the Orissa High Court "the responsibility of the press is greater than the responsibility of an individual because the press has a larger audience. The freedom of the press should not degenerate into a licence to attack litigants and close the door of justice nor can it include any unrestricted liberty to damage the reputation of respectable persons.ä[36]
Although the judiciary has provided generous protection to freedom of the press in several cases, in practice the law of contempt in India is an instance of the paradox of the love-hate relationship between the press and the judiciary.In India any person, including the press, is free to criticise a judgment, to comment on it pungently, severely, because justice is not a cloistered virtue and can suffer the outbursts of even the wrong headed. However, it is an altogether different matter to impute motives to the judges who have delivered the judgment, to accuse them of dishonesty or their having been swayed by extraneous considerations.ÊÊÊÊÊÊÊÊÊÊ
But what is the position if the charge of judicial corruption happens to be true and the journalist is prepared to establish it to the hilt by unimpeachable documentary evidence? Therein lies the rub. Today under the law of contempt as it stands and has been interpreted in India truth is no defence to an action for contempt.[37]Ê Indeed if a person attempts to establish his allegations of dishonesty against a judicial officer that will be regarded as an aggravation of contempt.
This to my mind is a serious anomaly. Indeed it is highly arguable that the rejection at the threshold of the plea for establishment of the truth of the allegations operates as an unreasonable restriction on the freedom of the press and would render law of contempt vulnerable to grave constitutional challenge. It prevents exposure of corruption inter alia in the judiciary which regrettably is prevalent to some extent in the subordinate courts. Consequently many journalists and media persons succumb to self censorship and are deterred from exposing the misconduct of some errant judges. It is a mistaken notion that an enforced silence by the threatened use of the contempt power leads to enhancement of the public image of the judiciary when corruption within some of its ranks is the talk of the town. A corrupt judge should not get away under the shield of the law of contempt and thereby successfully suppress disclosure of judicial misdeeds. The law of contempt in India needs to be amended to provide the defence of truth coupled with public interest. It may also provide for imposition of stiff civil and criminal penalties upon a person who fails to substantiate his allegations. This would discourage frivolous and baseless allegations being leveled by disgruntled litigants or persons motivated by ill will.ÊÊÊÊÊÊÊÊÊÊÊ
I would like to conclude with some general observations.Ê We rightly prize press freedom and should be vigilant in repelling encroachments, direct or indirect, on the exercise of this precious freedom. Freedom of the press is undoubtedly one of the basic freedoms in a democratic society based on the Rule of Law. Nonetheless I venture to suggest that freedom of the press is not an end in itself.Ê It is the means for ensuring that in a democratic society there is good governance, transparency in administration, enforcement of accountability of the wielders of power and that human dignity and other human rights are respected. Whilst we must vigorously defend this freedom against onslaughts from fanatics one should not be fanatical about it and forget that Freedom of the Press entails abiding social responsibility. The public function which belongs to the press makes it an obligation of honour to perform its role with the fullest sense of responsibility.Ê There is no constitutional right of the press to defame.Ê The press does not and cannot have a licence to libel.
Joseph Pulitzer has rightly pointed out that ãwithout high ethical ideals a newspaper not only is stripped of its splendid possibilities for public service, but may become a positive danger to the community.ä[38]What is the position, I have often wondered, if a newspaper systematically and intentionally suppresses or manipulates information, restricts the content of information and denies its accessibility to the public, inflames communal and racial passions which leads to riots and violence? Has it not betrayed its true role, ceased to be a watchdog and failed to guard the Ark of the Covenant of democracy? It is suggested in certain quarters that such a newspaper cannot morally and legitimately lay claim to the protection and benefit of the constitutional guarantees of free speech though it may yet claim the fundamental right to carry on trade and business in which latter case the scope for imposition of restrictions is wider than in the case of freedom of the press.
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The crux of the matter is: Who will determine whether the newspaper in question has disentitled itself to the guarantee of freedom of the press? There will be problems. Determination of this question will lead to the insidious entry of censorship in such situations and that will pose a greater danger. Therefore rather than encourage such subversive thoughts, on balance we may console ourselves with the regret of Madison regarding abuse of press freedom, "that it is better to leave a few of its noxious branches to their luxuriant growth, than, by pruning them away, injure the vigor of those yielding the proper fruits".[39]ÊÊÊÊÊÊÊÊÊÊÊ
In the ultimate analysis press freedom will depend not so much on the state of the laws or the provisions of the Constitution but on the integrity and independence of the press. Lippman has rightly warned that the real danger to the press springs not so much from the pressures and intimidation to which it may be subject but from the sad fact that media persons can be captured and captivated by the company they keep, their constant exposure to the subtleties of power. Judicial protection is certainly helpful but that is not the sovereign panacea. Freedoms cannot be preserved for an inert people by the Constitution or the Courts. That is true of press freedom also. This lesson was bitterly brought home during the June 1975 emergency. With few honourable exceptions, the press chose to crawl when it was required to bend. However it can be confidently said that apart from the emergency aberration, the press on the whole has been a good watchdog. It has played an important and constructive role in India by exposing deception and secrecy in the working of the administration and public institutions. Several scams have been brought to light, for example the Bofors scam, by a vigilant press. Courts in India have unflinchingly performed their role of enforcing accountability of the holders of power, checking the virus of corruption and by upholding the Rule of Law.I do hope and trust that in the coming years these two mighty institutions of democracy will perform their respective roles in harmony, as natural allies and not as inveterate adversaries, remembering that the ultimate goal is of ensuring good governance and the good life for all its citizens.Ê
[1] Article 19 (1) All citizens shall have the right - (a) to freedom of speech and expression.
[2] Brij Bhushan v. State of Delhi, AIR 1950 SC 129; Express Newspapers Ltd. v. Union of India, AIR 1958 SC 578; Sakal Papers Ltd. v. Union of India, AIR 1962 SC 305; Bennett Coleman Co. v. Union of India, AIR 1973 SC 106
[3Article 19(2) - Nothing in sub-clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.

Press Freedon in India (in short)

The Indian Constitution, while not mentioning the word "press", provides for "the right to freedom of speech and expression" (Article 19(1) a). However this right is subject to restrictions under sub clause (2), whereby this freedom can be restricted for reasons of "sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, preserving decency, preserving morality, in relation to contempt, court, defamation, or incitement to an offense". Laws such as the Official Secrets Act and Prevention of Terrorism Act[19] (PoTA) have been used to limit press freedom. Under PoTA, person could be detained for up to six months for being in contact with a terrorist or terrorist group. PoTA was repealed in 2006, but the Official Secrets Act 1923 continues.
For the first half-century of independence, media control by the state was the major constraint on press freedom.

Indira Gandhi famously stated in 1975 that All India Radio is "a Government organ, it is going to remain a Government organ..."[20] With the liberalization starting in the 1990s, private control of media has burgeoned, leading to increasing independence and greater scrutiny of government. Organizations like Tehelka and NDTV have been particularly influential, e.g. in bringing about the resignation of powerful Haryana minister Venod Sharma.however this freedom of speech and expression is automatically canceled during emergency. The word Reasonable was not present in the original article 19(1)(a. But this was later on added to this article, and presently in India there are number of organizations who are really influential.

Internet Research

Internet research is the practice of using the Internet, especially the World Wide Web, for research. To the extent that the Internet is widely and readily accessible to hundreds of millions of people in many parts of the world, it can provide practically instant information on most topics, and is having a profound impact on the way in which ideas are formed and knowledge is creat4ed.

Research is a broad term. Here, it is used to mean "looking something up (on the Web)". It includes any activity where a topic is identified, and an effort is made to actively gather information for the purpose of furthering understanding. Common applications of Internet research include personal research on a particular subject (something mentioned on the news, a health problem, etc), students doing research for academic projects and papers, and journalists and other writers researching stories. It should be distinguished from scientific research - research following a defined and rigorous process - carried out on the Internet; from straightforward finding of specific info, like locating a name or phone number; and from research about the Internet.

Compared to the Internet, print physically limits access to information. A book has to be identified, and then actually obtained. On the Net, the Web can be searched, and typically hundreds or thousands of pages can be found with some relation to the topic, within seconds. In addition, email (including mailing lists), online discussion forums (aka message boards, BBS's), and other personal communication facilities (instant messaging, IRC, newsgroups, etc) can provide direct access to experts and other individuals with relevant interests and knowledge. However, difficulties persist in verifying a writer's credentials, and therefore the accuracy or pertinence of the information obtained.

Further difficulties in internet research center around search tool bias and whether the searcher has sufficient skill to draw meaningful results from the abundance of material typically available. The first resources retrieved may not be the most suitable resources to answer a particular question. For example, prominence is often a factor used in structuring internet search results but prominent information often gives a biased view of controversial issues.


Advantages and Disadvantages of Internet Research

What are the advantages of doing internet research?
Ability to obtain a large sample, which increases statistical power
Ability to obtain a more diverse sample than in traditional university-based research
Prevents experimenter demand effects (with no interaction with the experimenter, no "experimenter expectancy" effect)
Data is automatically coded so no data entry errors
Can sample individuals beyond your schools subject pool
Reduced cost of conducting research

What are the disadvantages of doing internet research? (and tips to overcome them)
Some subjects may try to participant in the same study more than once
1. To overcome this problem, you can ask for the email addresses of each participant, and then look for duplicates.
2. Since nowadays its easy for people to create multiple email addresses, you can also ask for name and/or address of each subject. Sometimes researchers will have a "lottery" as incentive to participate (e.g., $100 lottery prize for each 400 participants), so asking for name/address is necessary to award the lottery check.
3. You can also collect the IP address of each participant and look for duplicates. One issue here is that sometimes DSL providers give the same IP address to multiple people.
Some subjects may drop out of the study before finishing
1. In traditional laboratory-based research its unusual for a subject to walk out of a study, but online a subject can get distracted or simply lose interest and end the study. Sometimes researchers will have a "lottery" as incentive to have the subject participate in the study, but with any type of monetary incentive IRB's typically require a statement in the consent form saying something to the effect of "you may discontinue participation at any time without any consequences or losing your entry in the lottery."
2. Since a certain number of online subjects wont finish the study, you can overcollect the number of subjects you think you need to offset the number of subjects who dont finish the study, usually around 10-20%.
Some subjects may stop the study and then continue minutes/hours later
1. The problem here is that some studies involve manipulations which may lose power if there is a time lag between the manipulation and measures in the study. One advantage of online studies is that you can record how long the subject is taking part in the study, so you can identify the average length of time of your study, and also identify those subjects who take an extraordinary long amount of time to finish the study.
Some subjects may rush through the study
1. Since you can record how long each subject is participating in the study, you can identify those subjects who may have rushed through the study.
How do I get subjects for my online study?
1. There is no single answer to this question and you may have to try a number of things before you find something that works for your study, depending on the subject matter and incentives you are offering. See How to recruit subjects online? for an ongoing discussion of subject recruitment.

Basic Vs. Applied Research

The Purpose of Research: Basic vs. Applied

Basic research is sometimes referred to as theoretical, academic, or scholarly research. It is most often conducted in college or university settings by professors and/ or graduate students. Much of the funding for this kend of research comes from government agencies, foundations, or the schools themselves either directly through grants to cover their costs or indirectly by providing salaries and work space. Because its methods, data, and findings are generally public, basic research contributes immeasurably to the advancement of knowledge.

The goal of basic research is to create, test, and improve theory. However, it would be a mistake to think that all, or perhaps even most, social scientists devote their research time to the creation and testing of theory. Some do research simply to document ‘how things are,’ secure in the knowledge that what seems obvious today will be less obvious in 10, 20, or 100 years.

The goal of Applied Research to provide solutions to real-world problems. Theory building and testing is not its goal, but findings from; purely applied research often provides the raw stuff from which researchers can develop theories. Although pragmatic concerns are rarely the driving force behing basic research, basic research has practical applications. Much applied research is ‘theory using.” Applied researchers often design their studies to incorporate questions, hypotheses, or measurement derived from more theoretical work. They also turn to theory to help them explain their findings and make them more meaningful by fitting them into a larger body of work.

Therefore, applied research is neither totally atheoretical nor bereft of value to the basic researcher. Basic research is not simply an exercise in ‘ivory tower’ theorizing bereft or real-world benefits. The two kinds of research complement each other, working together to enhance understanding.

History of Nepali Press

Nepali Media: A Brief History
Although the institutional history of Nepali press could be traced back to 1851 when Rana Prime Minister Jung Bahadur Rana installed a printing press (the Giddhe Press), or in 1901 when the state-owned newspaper, the Gorkhapatra, was launched, its practical history begins in the 1950s, after the fall of Ranas, when several pioneering journalists took to publishing newspapers in a transitional democracy. Thirty years after the royal takeover of 1960 represented a repressive press system. During this time, press enjoyed limited rights and lobbied, to some extent, for a multiparty democracy that could guarantee press freedom. After the Restoration of democracy in 1990 a drastic change came in the Nepali Media particularly in the private sector. Liberal provision and guarantee of press freedom enshrined in the constitution opened up avenues for the private sector to involve on media sector. The 1990's democracy yielded by the People's Movement also established rights and freedom of the press. The Constitution of the Kingdom of Nepal (1990) formally guaranteed the freedom of press and publication.

The 1990 Constitution of Nepal says-No news/articles 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, 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 an any act which may be contrary to decent public behavior or morality. No press shall be closed or seized for printing any news item, article or other reading material. The registration of newspaper or periodicals shall not be cancelled merely for publishing any news item, article or other reading material (Article 13). And, according to Article 16 of the Constitution, 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.

During Maoist Insurgency: and King's Direct Rule:Unfortunately, however, journalism and civil liberties were subjected to victim not only to the government machinery, but also to the violent Maoist insurgency forces in the recent years.During the first State of Emergency (26 Nov 2001-29 Aug 2002), eight journalists were assassinated, six of them by the security forces and two by the rebels. And more than 150 were arrested and tortured in various ways. Nepali journalism suffered a lot while it waged a massive struggle against the King's direct rule. The Nepali press suffered worst form of suppression from the state and also did not remain aloof from the threats, obstructions and violence from the insurgents. The government enforced various restrictive and controversial draconian ordinances that curbed press freedom as the people's right to information despite the fact that the nation's constitution guaranteed full press freedom.Private sector press was subjected to acute censorship and FM radio stations have been totally banned to broadcast news and current affair programs. Newspapers were asked by the government not to print any material on security operation or Maoist insurgency without scrutinizing the facts from the Army. Most newspapers outside Kathmandu have suffered intimidation or arbitrary suspension at the order of District authorities. Nearly 50 percent of local publications were closed down owing to unfavorable conditions created by the State. Due to prohibition on news and news-based programs over private radio stations and strict censorship even on TV channels, several media managements either closed or curtailed programs and relieved staff members. As a result, many journalists have become joblessPeople were completely deprived from right to information and other civil rights such as right to free movement inside the country and freedom of expression and of opinion.Following the February 1 Royal takeover and the imposition of State of Emergency for the second time since 2001, journalists repeatedly faced arbitrary arrests, detention and interrogation. Many journalists were re-arrested even after the Court’s order for their release.

After Restoration of Democracy in 2006:
Despite a historic year for Nepali politics, the country's media faced significant harassment and obstruction; however it contributed enough in bringing the country back to democratic path being a part of the 2006 April Uprising. Ever following the restoration of democracy and signing up of Comprehensive Peace Accord between the Nepali government and CPN (Maoist), a rebel force, Nepali media and media workers did not witness a sigh of relief and respite from the brutal attacks and blatant violation of press freedom perpetrated by the state, CPN (Maoist) including other agitating parties. During the period from April 25, 2006 to April 12, 2008 after the democracy, altogether 676 journalists and media workers (266 in 2064 BS and 410 in 2065) experienced various incidents of press freedom violation. Likewise, three journalists were killed during this period.


The promulgation of Right to Information Act-2064, Working Journalist Act-2064 (Second Amendment) and constitutional guarantee of freedom of press and expression in the Interim Constitution-2064 have been the remarkable achievements yielded in Nepali press.
During the Terai movement launched by Terai-based various agitating parties and groups, Nepali media witnessed another setback as it was manipulated and numerous incidents of attack and atrocity in the series of political confrontation and clash erupted in the Tarai region In short, there is still need for Nepali Media to wage struggle for their professional and physical safety as well as to establish freedom of press and of expression in Nepal.

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).