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Criminal case against spreading 'fake news'

The Supreme Court said, "Prima facie, the said content appears to have been produced and broadcast in a malicious and planned manner with the intention of scandalizing the court to create confusion and distrust towards the justice system as a whole."
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The Supreme Court has automatically taken cognizance (so-moto) of intentionally producing and broadcasting 'fake news' and has ordered criminal proceedings against those involved in this action. It is mentioned in the order of the Supreme Court that the said material was produced and broadcast in a malicious and planned manner with the intention of disrupting the work of the court (scandalizing the court) in order to create confusion and apathy towards the justice system as a whole.

Criminal case against spreading 'fake news'

The court asked the court to keep this case in the criminal domain, saying that the discussion staged to produce the audio contained inconsistent topics such as altering the statement of the government witness in the writ petition pending in the constitutional bench. The court also asked him to remove the material within 24 hours and to appear before the court on 20 Baisakh at 10 am for his statement. However, after the instructions of the Press Council, the video series of 'Fake News' has been removed from YouTube.

The joint bench of Supreme Court Justices Nahkul Subedi and Tek Prasad Dhungana gave a 4-page order after a brief debate on Monday, saying that the matter should be kept in the criminal domain as the matter is serious. "The court has asked to register the case of contempt in the criminal scope considering the nature and seriousness of the incident," Govinda Prasad Ghimire, the sub-registrar of the Supreme Court who filed the case, told Kantipur, "The case of contempt is also of a civil nature, but because it was deliberately produced and broadcast, the court has asked to prosecute the case in criminal. Both its seriousness and the nature of the punishment are different.''

In the first hearing of the contempt case filed at the initiative of the court, Supreme Bar President Harishankar Niraula and senior advocates Narahari Acharya, Purnaman Shakya and advocates Mohana Ansari and Ram Bahadur Raut had a brief debate. "Since the material circulated against the court is misleading, it was our advice that it would be appropriate to take the person involved in it for a hearing before taking action, and the order has come accordingly," said senior advocate Shakya. They argued for an hour on behalf of the petitioner in the bench. He says that if it is not possible to confirm that the published and broadcasted content of

is correct, the court will open the way for contempt action against the publishers, editors and others involved of 'Sidhakura'. "Now the defendants will get a chance to prove that the content they broadcast is true," Shakya said The audio was produced and broadcast by adding the name of Judge Anand Mohan Bhattarai, who was not present in the bench. Petitioner Ghimire said that the Supreme Court has taken seriously the act of making the fabricated material into news that there was a discussion of the nature of influencing the case.

Why shouldn't the people involved in this be prosecuted and punished for contempt of court?'' The Supreme Court has also ordered that the production, broadcasting, re-broadcasting of such materials should not be done/do not be made public until the final decision of the case. The court has also ordered to send a written message to the Press Council of Nepal and Nepal Journalist Federation to monitor the publication/broadcast of such materials, as it is seen that the continuous dissemination of such materials creates confusion in the general perception of the court and causes continuous obstruction in the administration of justice.

Although the constitution guarantees citizens the right of communication to publish audio-visual content, it is mentioned in the order that it should be used in such a way that it is not inimical to public manners and ethics and not in contempt of the court. The order states that the freedom of expression of a person is not of an absolute nature, 'when publishing news, articles or textual material related to the court, if unverified, untrue, misleading and untrue news is published/broadcasted, the dignity of the court will be violated.' The Supreme Court is of the view that exercising the right of communication is also a matter of minimum standards of professional ethics to be done without contempt of the court. Investigate

: Authority

The Commission for Investigation of Abuse of Authority has asked the online portal Sidhakura.com to investigate and take action according to law for broadcasting/publishing 'misleading' content. The Authority has drawn attention to the material titled 'Deal with Supreme Court Judges to Dismiss 400 Cases of Corruption' broadcast/published via YouTube and requested to investigate the published material and bring those involved to justice. It was discussed in the meeting of the Authority on Monday, saying that the activities of the authority were also linked to the

broadcast material. After that, the authority brought out the official opinion through a statement.

'Severe attention has been drawn to the matter of changing the statement of a member of Akhtiyar's sting operation team and mentioning the name of the commission in various parts of the material' said in a statement issued by the spokesperson of the commission Narahari Ghimire on Monday. The Authority has also reminded that if a person holding a public position has committed corruption and abuse of authority in accordance with the Constitution of Nepal, the Abuse of Authority Investigation Commission Act, 2048 and other prevailing laws, the case is filed against the person involved in the court authorized by law.

'Since it is not possible to imagine the Commission being involved in any other activities other than adopting the judgment issued by the Constitutional Bench of the Honorable Supreme Court and investigating and prosecuting complaints within its jurisdiction, it is hereby informed that the Commission has no involvement in such misleading activities,' said the statement. Also, the Commission requests the relevant agencies to investigate and take action against those who broadcast/publish this kind of misleading content. It is reprehensible to cast baseless slander on judges and legal practitioners: Supreme Bar

'Fake audio' also draws the attention of the authorities

To spread 'fake news'

प्रकाशित : वैशाख १८, २०८१ ०८:०२
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