1. A Critical Look at Press Council Nepal
An Academic Presentation
Siromani Dhungana
Lecturer (Journalism and Mass Communication)
Tribhuvan University
Kathmandu, Nepal
Email: siromanidhungana@gmail.com | meshiromani@gmail.com

2. Press Council Nepal
 Press Council Nepal is a statutory body
set up by Government of Nepal to
promote the standards of a free press in a
democratic society and to advise the
government on matters relating to the
development of healthy and credible
journalism in the country.
- From Press Council Nepal
(http://www.presscouncilnepal.org/introduction.php
date retrieved Jan 27, 2013 )

3. A Brief History of Press Council in Nepal
 1957 - The need of such an autonomous and independent
body was first realized by the first Press Commission set up .
 1969 – The government set up a Press Advisory Council
headed by a standing judge of the Supreme Court.
 1972, a 12-member Press Council was constituted by the
government following the recommendations of New
Communications Plan 1971.
 During the period of 30-year rule of Panchayat system, the
Council was constrained to act in conformity with the media
policies and laws framed by the government of the time.
 In the aftermath of the restoration of multi-party democracy
in April 1990, the government promulgated a separate Press
Council Act in 1992 which defined specifically the principles,
functions and responsibilities of the Council.

4. Press Council Act 1992 in Nepal
 Article 5 of the act states objectives of the
Council:
The objectives of the Council shall be as follows:-
(a) To create appropriate atmosphere for the
development of healthy journalism,
(b) To prescribe the code of conduct for journalism
with a view to prohibiting the misuse of the freedom
of press.
(c) To maintain cordial relations between the Press
and His Majesty's Government.
(d) To cause to maintain public morality and dignity of
the citizens, and
(e) To make continuous efforts to prohibit the
interference with the decencies of the freedom of
press and journalism.

5. Press Council Act…
Functions, Duties and Powers of the Council:
The functions, duties and power of the Council shall be as follows:-
(a) To make suggestions to His Majesty's Government by reviewing from
time to time the policies relating to journalism and by obtaining
suggestions from the concerned quarters.
(b) To enforce a code of conduct for journalism by drawing it up with a view
to development healthy journalism.
(c) To make suggestions to Nepal Government for the development of
journalism.
(d) To keep an up-to date record concerning the circulation of paper.
(e) To take necessary actions, upon receipt of any complaint by the Council,
as to any news item published in any paper.
(f) To submit an annual report to His Majesty's Government on the studies
and evaluation carried out on the activities and prevailing situation of
papers, and
(g) To carry out inquiries into the anti-social and objectionable items
published in any paper.

6. Appointment in the council
 The act clearly says, “His Majesty's Government
(Government of Nepal) shall constitute a Council, which
shall consist of the following persons…”
 Chairman -- appointed by the government
 Member -- nominated by the Speaker of House of Representatives
 Member -- nominated by the Chairman of National Assembly
 Six members -- nominated by the government with the Journalist
Associations at the rate of two persons each from journalists, editors and
publishers
 Member -- nominated by the from among the working journalists
 Two members -- nominated by the government from among the persons
who have rendered distinguished service in the various fields including
that of journalism
 Member -- nominated by the government by Associations concerned
with literary journalism
 Member-secretary -- Director-General, Department of Information

7. Code of Conduct in Nepal
 With the consent of the Federation of
Nepali Journalists (FNJ), the Code of
Journalistic Ethics - 2003 (amendment
2008) has been brought into effect
pursuant to Section 7(b) of the Press
Council Act in Nepal.
 Code of Conduct can be found at:
http://www.presscouncilnepal.org/codeofc
onduct.php

8. Need of Structural Reform
 Existing act says that the Council is an autonomous
body having perpetual succession. However,
appointments to the Council is controlled by the
government – with the government nominating 10 of
the 14 members at the Council, including the
chairperson.
 Independence has been questioned many times by
professionals land scholars
 Structural reforms should be adopted to transform the
Press Council into a fully independent body which helps
it to convert a true „watch-dog‟ mechanism

9. Dispute over Newspaper Classification
 Classification of newspapers is done by the Audit
Bureau of Circulation, which operates under the
Nepal Press Council at present.
 Many newspaper publishers often blames the Council
for being bias and lack of independence, contrary to
international standards in this area.
 The system is supposed to be based on the number
of copies printed and the area of distribution of the
printed material. However, the current classification
system of the council comprise the chances of
subjective valuation
 The classification should be carried out on a
commercial basis, not by a statutory media regulator,
like the Press Council.

10. Quasi-judicial body?
 The council works as a quasi-judicial body
since it can recommend to the government
for the suspension, in whole or in part, of
any privilege or facility receivable by him
(her) with respect to a journalist who is in
defiance of the professional code of conduct
repeatedly.
 Media professionals say the Council should
act as a mechanism to enforce Code of
Conduct voluntarily but not as a quasi-
judicial body.

11. Assessment of Electronic Media: A
Challenging Task
 PCN is responsible to enforce Code of
Conduct in broadcast media too along
with print media. But, according to council
itself, there is no arrangement for Council
to assess the electronic media in the
current Act, there seems to be a lack of
knowledge on how to take this work
forward. The government also seems
unconcerned towards the issue.

12. Act Amendment to Monitor Broadcast
Regime
 There has been no action into the
proposal for amendment in the Council
Act, 1992 so that electronic media could
also be included in it's work area for the
Council to perform on a wider range.
-- From “Key Progerss Report from April 2010 to Present”
Retrieved from: http://www.presscouncilnepal.org/files/country%20report%20final-
nepal.pdf

13. Politicization of the Council
 Consecutive governments have been
failing to ensure the credibility of Press
Council by appointing their nearer and
dearer in executive role. The function of
Council itself has been limited to protect
the government rather than helping media
to maintain their independence and
implementing code of conduct
independently.

14. Reform impossible without
Political Will
 The Press Council Nepal has two challenges
before it: securing independence of the press
and making the press accountable. Political
will is a must to make PCN to face these
challenges. Similarly, media professionals
should breakaway from greed and put
pressure to government to reform the
system. Otherwise, Press Council Nepal will
be nothing more than a facility distribution
agency to newspapers.

15. Watchdog of Watchdog?
 The press is deemed to be a watchdog of
the society and the Press Council, in
principle, is expected to be the watchdog
of the press. It is a forum where people
can send the complaints against
irresponsible functioning of media.
 Direct political interference at the
watchdog mechanism will do nothing
more than converting the Press Council
Nepal as „lapdog‟.

16. Appointment Controversy Continues
 The Government of Nepal appointed former Supreme
Court Justice Abadhesh Kumar Yadav as the Chairman
of Press Council Nepal on January 25, 2013. Reportedly,
Yadav as the apex court Justice had issued an order to
prevent the prosecution of a war-era criminal case
against then Maoist lawmaker Keshab Rai.
 Yadav had stayed the prosecution against Rai in a case
related to the murder of Padam Bahadur Tamang in
Okhaldhunga, citing that the to-be-formed Truth and
Reconciliation Commission would deal with all the
conflict-time cases. Yadav‟s order then had run into a
serious controversy, as it had set a soft precedent that
„cases that occurred during the insurgency cannot be
addressed through regular justice system‟,
- From The Himalayan Times

17. Reform agendas still in back-burner
 Press Council Nepal is still miles away to
pursue reform in the existing system of
the Council. The reform should be started
from the system.
 World Association of Press Council says:
“… Press Councils and similar bodies
should be absolutely determined to avoid
getting involved with governmental
activity".

18. Challenges of PCN
 The Press Council Nepal has two challenges
before it: securing independence of the press
and making the press accountable. Political
will is a must to make PCN to face these
challenges. Similarly, media professionals
should breakaway from greed and put
pressure to government to reform the
system. Otherwise, Press Council Nepal will
be nothing more than a facility distribution
agency.

19. Media Accountability and
Responsibility a Global Phenomenon
 The members of the WAPC reaffirmed their
commitment to raise their voices in support
of all people to enjoy a free and independent
media as a basic human right. They also
reaffirmed commitment to assist journalists
to achieve high ethical standards in the
practice of their craft.
DECLARATION
World Association of Press Councils
Executive Council Meeting
March 26-28, 2010

20. Thank You.
Siromani Dhungana
Researcher, Journalist, Media Educator
Kathmandu, Nepal
Email: siromanidhungana@gmail.com | meshiromani@gmail.com
Blog: siromanidhungana.wordpress.com