Kathmandu: Freedom of expression is a fundamental pillar of democracy. The very preamble of Nepal’s constitution 2015 has finely mentioned ‘full freedom of press’, thereby encouraging an atmosphere for the free flow of information and journalists’ rights to free reporting.
According to National News Agency Nepal, the constitution has been lauded much for its progressive provisions to enforce a federal democratic republic. In the wake of preparation going on to make laws to suit the new system along with the digital disruption, stakeholders, however, have expressed concern over the legal provisions and ongoing efforts of restriction, urging all sides, including parliament and government, to respect press freedom.
In a program organized with the support of the Ministry of Communications and Information Technology in Kathmandu, speakers from various sectors emphasized that freedom of expression is indispensable to democracy. Rights activists, human rights defenders, journalists, filmmakers, judiciary members, and government representatives gathered to comprehensively assess ‘Press Freedom and Related Laws: Status and Way Forward’ in the event organized by Freedom Forum. The speakers argued that controlling measures go against the democratic system.
Advocate and Right to Information expert Sanjeeb Ghimire stated in his presentation that “freedom is by default, and restriction is the exception or purely based on certain conditions when it comes to checking the freedom of the press.” Nepal’s constitution, considered one of the most progressive documents in the world, guarantees freedom of opinion and expression as a fundamental right under Article 17, the Right to Freedom. This framework establishes a strong basis for safeguarding these rights, though Ghimire expressed concern over the ‘misuse’ of provisions to curtail free speech and press freedom.
Moderating the session, Taranath Dahal, Executive Chief of Freedom Forum, reminded Nepal’s commitment to international human rights instruments and argued that the fundamental rights guaranteed by the constitution and international human rights instruments cannot be curtailed. Senior advocate Dinesh Tripathi added that media should principally be self-regulated rather than face state control, emphasizing that criticism of those in power is principally protected in democracy.
Film producer and director Manoj Pandit raised concerns over the State’s perception of filmmaking, criticizing attempts to impose moral lessons on filmmakers instead of promoting creative freedom. Senior journalist and columnist Namrata Sharma emphasized that any situation forcing media to survive on fear is not expected in democracy. Devi Khadka, General Secretary of NGO Federation Nepal, highlighted that civic space in the country is shrinking, threatening freedom of expression, a core agenda of civil society.
The event also featured discussions on various existing laws and bills under consideration, with participants advocating for freedom of expression-friendly provisions. Concluding the session, Freedom Forum Chair Hari Binod Adhikari stressed the importance of respecting one another’s freedom while exercising one’s own rights and expressed commitment to the cause of democracy and the protection of civic freedoms.