It should be ensured that the council is formed without the shadow of the government in terms of appointment, performance and accountability and only the council will be autonomous, which will also contribute to the freedom of the press.
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The government's efforts to control the press through many cover and measures have been repeatedly exposed. The Media Council Bill is a reference. Through the bill, the government intends to end the autonomy of the council and the National Assembly has rejected it.
Mainly, the government is trying to dominate the appointment and dismissal of officials including the chairman of the council. Through this, if the provisions of the bill are not changed so that the quasi-judicial body Council can be controlled and eventually control the press world, there is a risk that 'full freedom of the press' will be limited to the preamble of the constitution. The bill passed by the National Assembly is currently under discussion in the Education, Health and Information Technology Committee of the House of Representatives, so there is an opportunity to correct the disputed provisions. The committee should stand up for freedom of the press. Only in this way will the essence of the Constitution be respected. The commitment to press freedom will be echoed by the international community as well. In section 6 (2) of the
bill, it is mentioned that there will be a three-member committee under the coordination of the secretary of the Ministry of Communication and Information Technology to recommend the appointment of the chairman and members of the council. In Section 9, he may be removed from office due to lack of performance, bad conduct or non-fulfilment of official duties. Although the media council is said to be established and operated as an autonomous regulatory body for the development and protection of clean, independent and accountable journalism, the main intention of the bill seems to be focused on making the council a branch of the ministry. Because, after the recommendation of the committee headed by the secretary, the government appoints and when the government likes, the provision has been made to dismiss the post. In the event that the post of chairman is vacant or under suspension, the joint secretary of the ministry, who is an ex-officio member of the council, will preside over the meeting. The annual report of the IA Council, which was previously submitted to the President, is now provided in the bill to be submitted to the Ministry. Such provisions indicate what kind of council the government is looking for.
In the existing law, there is a provision for the president to be a retired judge of the Supreme Court or a senior advocate or a person who has made a special contribution in the field of newspapers. But as journalists close to the party and political parties became presidents and members, the dignity and prestige of the council was fading. The bill stipulates that a person who has qualified to be a judge of the Supreme Court or who has at least a bachelor's degree from a recognized university and who has made a special contribution in the field of journalism with at least 15 years of experience will be the president. Although the qualification for appointment has been tried to be made more concrete, the possibility of significant improvement is low as there is a provision that the minister's wishes are paramount in the process. In such a situation, it will be easy for the government to control the press through a weak council. Therefore, it should be ensured that the council is formed without shadowing the government in terms of appointment, performance and accountability. And only the Council will be autonomous, which will also contribute to the freedom of the press.
Since freedom of the press is guaranteed in the constitution, direct or indirect obstruction or such attempts cannot be accepted. This is not just about the right of a journalist or an organization to work unhindered. It is also a concern of citizens. In the constitution of Nepal, the right to information is included as a fundamental right. Where it is said - "Every citizen shall have the right to request and receive information on any matter of his own or public concern." Autonomy of the Press Council is one of the many ways to make press freedom functional. Because this institution was established for the development and promotion of independent and responsible journalism. During the exercise it may be reviewed whether it has fulfilled its original obligations or not. There may be efforts for improvement. It seems that through the bill, the government is not trying to improve the institution, but to control the institution itself.
Reporters Without Borders (RSF), an organization that monitors and records press freedom around the world, has analyzed the state of press freedom by assessing political, economic, legal, socio-cultural and security aspects and has noted that press freedom is shrinking in Nepal. Out of 180 countries included in the 2025 report, Nepal has fallen to 90th place with 55.2 points. Whereas, in the 2024 report, Nepal was ranked 74th with 60.52 points. In such a background, Nepal needs to make legal arrangements to ensure press freedom. But the international image is also likely to deteriorate as the interest towards shrinking increases. Therefore, the involvement of the government in the appointment process linked to monitoring and questioning of government functioning should be ended. Alternatively, the participation of Parliament in the appointment process to the Council can be ensured. He should be accountable to the House. If this happens, the autonomy and independence of the council can increase. For this, members of the Education, Health and Information Technology Committee of the House of Representatives are under public scrutiny, they should reflect respect for press freedom in the bill.
