In the bill, it is said to replace the Press Council and establish a Mass Communication Council, but the provisions of the Council's jurisdiction, the recommendation process for officials, etc., are criticized by the parliamentarians as limiting independent journalism.
The bill brought by the government to promote self-regulation has been sharply criticized in the parliament. Parliamentarians have criticized the government's proposal to make the Mass Media Council a branch of the Ministry of Communications and curb independent journalism.
In Tuesday's meeting of the House of Representatives, Minister of Communications and Information Technology Prithvisubba Gurung proposed that 'Mass Communication Council Bill should be considered'.
In the subsequent theoretical discussion, the parliamentarians said that laws should not be made to curtail the freedom of the press guaranteed by the constitution. In the bill, it is said to replace the Press Council and establish and operate the Mass Communication Council. But the parliamentarians have raised questions on the provisions of the proposed council's sector, officer recommendation process, etc.
In the House of Representatives meeting, UML MP Raghuji Pant commented that the bill 'seeks to make the mass media council that teaches ethics like a branch of the Ministry of Communications'. "The structure proposed in the bill does not work, it should be radically changed through amendment, a communication council should be formed with moral force to regulate the communication sector and follow the code of conduct," he said. It has been proposed that a person appointed by the government will be the chairman of the
council. Similarly, it has been proposed that there will be a joint secretary of the Ministry of Communications, the president of the Federation of Journalists, seven (three women) representatives from the seven provinces, and one member representing the readers, viewers, and listeners of the media. For the appointment of the chairman and members of the council, there will be a three-member recommendation committee with one expert member appointed by the government and the joint secretary of the Ministry of Communications under the coordination of the secretary of the ministry. MP Pant has raised questions on these provisions.
Maoist MP Vimala Subedi mentioned that the definition of mass media has been narrowed in the bill and said that it should be corrected through amendment. He said that the development in information technology cannot be covered by the proposed definition and the council should be made inclusive. In the
bill, it is stated that "Mass media shall mean electronic or print media operated by the government, community or private sector established and published and broadcast for the purpose of conveying information and messages, and the word also refers to organizations that operate mass media." He said that arrangements should be made to ensure the selection of officers in the council in an independent, fair and transparent manner.
Maoist MP Madhav Sapkota said that laws should not be made keeping such and such media in front of eyes. "There will be some chaos in the media world as well, mass media should not be put in a single box and legal system should not be made," he said. So it should be given full freedom. The constitution also says the same.
RSVP whip Nisha Dangi said that the media should be concerned about how the bill is viewed. It is necessary to advance the bill in order to restructure it as an autonomous body free from the influence of the government and conducive to press freedom. The Media Council Bill should be for the development, protection and facilitation of journalism. The Council should not be made a body under the Ministry of Communication,'' she said.
RSVP MP Shishir Khanal questioned how the council, which is staffed by the Ministry of Communication, can work independently. Stating that the system where the government dominates everywhere in the decision-making process has been moved forward, he added, "They are also trying to weaken the council financially." Funding is not sought. It seems that they are trying to set the bar of action as a code of conduct. If the government becomes a controlled mechanism, there is no possibility of freedom of speech and freedom of the press.'
Congress MP Ishwaridevi Neupane said that the bill ensures the responsibility and accountability of media-affiliated directors and journalists to the society. She said, "Formation of mass media council, necessary standards and regulations, identity of journalists and media, protection of public interest are included." Despite this, it is our responsibility to make this bill more prosperous by discussing it widely.
UML whip Sunita Baral said that a mechanism for self-regulation and accountability development of the media should be arranged in the law of the council. "Council should be given autonomy for organizational management and structure expansion," she said. He suggested that the arrangements made for appointment in the council should also be amended. "Since there is a structure that uses regulatory and judicial authority, it is necessary to make the recommendations of the representatives there systematic and scientific," said Baral.
Metmani Chaudhary, chief whip of the United Socialist Party, mentioned that the constitution provides for complete freedom of the press and said that a law should be made that does not interfere with it. An attempt is being made to control the media. Even as an autonomous agency for the development and protection of journalism, a council like the unit of the Ministry of Communication is being tried, he said. Chowdhury commented that the bill has been brought forward to control the need to create a council to regulate the media. The MP who participated in the discussion said that some of the provisions of the bill raised the suspicion of control over independent journalism. Responding to the questions raised by MPs on the
bill, Minister of Communication and Information Technology Gurung said that the Mass Communication Council Bill has been introduced to make the current Press Council more effective and to move forward by including areas not covered by the Council. He said that the MP's interest in how the communication sector can be made independent and autonomous is serious and sincere. Its main objective is to issue a code of ethics for
journalists. Provisions regarding compliance, monitoring and action of the code of conduct have been made in it. They are envisioned as an independent, autonomous, dignified organization to be regulated not by the government, but by themselves. Minister Gurung said, "The ministry agrees with the conclusion reached by the parliamentary committee and the parliament on the bill." Mentioning that the bill was introduced to implement the mass media policy made in 2073, he said that it is a reverse practice that the policy is made first and the law is made later.
Speaker Devraj Ghimire announced that the proposal to consider the bill was unanimously passed in the House of Representatives. With the passing of the proposal, the time for the MPs to register the amendment is open. This bill was registered in the National Assembly by the then Minister of Communication and Information Technology Rekha Sharma on May 13. This bill passed by the National Assembly will be returned with a message after it is passed by the House of Representatives. The National Assembly will then pass it again and send it to the President for approval. The government formed a committee headed by Suresh Acharya, former president of the Federation of Nepalese Journalists, to prepare the draft of the
bill. Coordinator Acharya says that when the draft submitted by them reached the parliament, the original spirit of the bill was corrupted. He said that if the council officers are appointed based on the recommendations of the committee that the government is trying to form, it will automatically become a body under the control of the government. The person who will be the chairman of the council should be a person who has qualified to be a judge of the Supreme Court or who has done journalism for 15 years. Does the secretary of the ministry recommend officials like judges of the Supreme Court? Will the Supreme Court Judge be recommended by the Law Secretary?' he asked. In the bill, the work, duties and powers of the Council have been made, from keeping records of journalists to providing identity cards to press representatives, issuing codes of conduct, receiving complaints about violations of the code of ethics, issuing identification cards to the president and director of media organizations as representatives of the respective media organizations, and making suggestions to the government on the formulation of policies related to mass media. The bill also requires those who invest in
media to submit details of their other businesses to the council. In section 18 of the bill, it is said, "Chairmen and directors of communication organizations must inform the council about their investment business, investment area and resources as prescribed."
