It is recorded in the preamble of the Constitution of Nepal, "To build a prosperous nation by being committed to socialism based on democratic values and beliefs including the concept of a competitive multi-party democratic governance system of the people, civil liberties, fundamental rights, human rights, child suffrage, periodical elections, full freedom of the press and an independent, fair and competent judiciary and the concept of a legal state."

A commitment to complete freedom of the press has been made in the original law created by the elected Constituent Assembly. In the preamble of the 2019 constitution of 2019, the constitution of 2047 after the restoration of democracy and the interim constitution of 2063, there was no mention of full freedom of the press. During the Panchayat period, freedom of the press was not envisaged to be preserved and protected. When the Panchayat fell, the practice of freedom of the press began and spread. In the year 2061, when the then King Gyanendra took the power in his hand and started exercising autocratic power, this freedom was tried to be hindered. After the fall of the royal power due to the people's movement of 2062/063, those rights were restored through the interim constitution. The Constitution of 2072 made it even wider. But in practice, there is a need to investigate whether there is any difference between Panchayat, Shahi period and federal democratic republican system. 

The recent incidents of the government, parliament and courts on the press have left a chill in the hearts of freedom lovers. As stated in the constitution and in accordance with the provisions contained in its fundamental rights, freedom of the press cannot be taken away from anywhere. However, inalienable rights have not been seen in practice as they should be protected from the Press Council, Government, Parliament and Courts, which are responsible for the regulation of the Code of Conduct. According to the constitution, registration of registered media should not be revoked. However, the council itself is doing everything from de-listing to sending a written notice to close online. The latest example of the government's disloyalty towards the press is evident from the fact that the Social Media Bill, which was drafted with many points to control the freedom of the press, was submitted to the parliament without even a general discussion with the stakeholders. It cannot be said that freedom of the press will be protected from these bodies due to the haste of the Federal Parliament and the Media Council Bill, which will advance the same bill and pass several provisions of the Media Council Bill without amendment. 

Practical implementation and respect of civil rights is the basic duty of all the three organs of the state, executive, legislature and judiciary. It is believed that the courts will protect the executive and the legislature if they fail to fulfill their duties. If the court decisions from the Panchayat period to the Shahi period are taken, it is found that the Universal Declaration of Human Rights-1948, the International Covenant on Civil and Political Rights-1966, the European Convention for the Protection of Human Rights and Fundamental Freedoms-1950, as well as international laws including freedom of the press, freedom of thought and expression and the right to information, given an important place by the constitution, have been protected by the court. It seems that the court is aware that human civilization should not be deprived of the enjoyment of these rights.

Looking at the international and national arrangements, we should now be able to enjoy the freedom of the press to the maximum. But some recent developments have started to suggest that the press freedom of the republican period is not being tried to return to the Kalratri of the Panchayat period, which is confirmed by some incidents. Now let's look at some examples of Panchayat- Shahi period and Republic period, in which the role of judiciary can be clearly understood. 

Panchayat period

During the autocratic Panchayat regime, the government and its subordinate bodies used to abuse the communication world. The government used to curb and control the press, the then panchayat parliament would make laws that would facilitate the achievement of that objective. However, the court has ended the efforts to curb and control the press and protect, protect and promote the media world. The order of the Magistrate to close Nepal Dainik Samachar newspaper, the order of Palhi Majhkhand Goshwara to cancel the certificate of Lumbini weekly newspaper, the decision of the chief magistrate to cancel the certificate of publication of Chetna weekly newspaper, the order given by the chief district officer not to publish Nirmal weekly newspaper were declared illegal by the Supreme Court.

Similarly, the order given by the Ministry of Communications to stop the publication of the review weekly, the notification given by the Bagmati District Commissioner's Office to various printing houses to stop publishing 38 magazines including the Jwala weekly, the order given by the government of Shri 5 to suspend the right to publish Chirsmaran magazine, the decision by the government of Shri 5 to suspend the right to publish the weekly Jankalyan Mancha magazine, the right to publish Chirsmaran Nirbhik magazine. The decision of the government was declared illegal and annulled by the Supreme Court.

Kathmandu District Court said that according to the Blasphemy Act, 2016, Shribhadra Neupane, the publisher and editor of background weekly, was fined 25 rupees in the year 2044 and Padmavajr Lama, the then ward president of Swayambhu Adarsh Village Panchayat Ward No. 2, received a compensation of 50 rupees. In other words, at that time, even if an action was taken for blasphemy, the court did not come down so harshly. 

Shahi period

After the restoration of democracy in 2046, professional journalism was spreading, press freedom was being enjoyed excessively. However, in 2061, the then king Gyanendra suspended the constitutional rights with the aim of imposing autocracy. Dhaba spoke on freedom of the press. The Supreme Court stood as the guardian of the media sector amid intense repression by the imperial regime. 

After the state of emergency was imposed in the country on January 19, 2019, the Ministry of Information and Communications issued a directive on January 21, 2019 that radio stations should not broadcast any programs including news, information, articles, opinions and expressions, except for purely entertainment programs, and the Supreme Court declared it illegal and canceled the directive. The court issued an interim order not to implement the correspondence sent by the Ministry of Information and Communication dated 16th June 2062 to close the Communication Corner. A team of the Ministry of Information and Communications, including the armed police, entered Radio Sagarmatha and forcibly seized various equipment and shut down the radio. The court gave an interim order to allow the radio to continue broadcasting. 

2062 On November 14, 2014, the court issued an interim order that the rebroadcasting of the BBC Nepali service and news program was banned by the ministry through fax, declaring it illegal and allowing it to be broadcast. By giving such orders, the court played a significant role in the protection of press freedom even then.

During the republican period

The republican constitution has ensured freedom of expression, opinion and press in the preamble with full freedom of press and the right to freedom in Article 17, right to communication in Article 19, right to information in Article 27. 

However, in practice, the freedom of the press has been threatened by many parties. The example of the government trying to formulate and implement policies and regulations to control the press at various times, and the federal parliament passing laws and regulations at the behest of the government, has become clear from many examples such as the Social Media Bill, the Media Council Bill, etc.