Comparison between Nepal and Indian Press system
Acknowledgements
“As money is to the economy, so the press is to our political culture. It is the medium of circulations. It is the currency through which is the knowledge of recent events is exchanged; the coin by which public discussion may be purchased.”
The paper is about the comparison between the Nepali and Indian press system. While comparing between this countries I was helped by many people directly or indirectly.
So, I would like to thanks to all of them by heartily. I acknowledge all credit to my classmates, teachers and other direct and indirect helping hand to compilation this project file. While making report accept mine other as also play important role directly or indirectly.
I am very grateful with honorable Tshering Sherpa and House of Children for providing their accessories and to our classmates Pragay Dahal, Nisha Barati, Satish Sherstha, and Sunita Acharay for their help in shaping the file. I would like to thanks to one of our peer Rajendra Kumar Khadka who encourage me to prepare file in different way.
I also acknowledge to our mentor Sachine Gautam, Janak Thapaliya and Padam Raj Joshi for their instruction to prepare this file. In particular our thanks go to the following contributor; Saroj Basnet, Manish Khadka, Uma Bista who are directly or indirectly involved in the process of collecting and analyzing the content.
Date: January 2011
SABINA BASNET
Table of Contents
Chapter – 1
Introduction ---------------------------------------------------------------------------
A) Press Law and Code of Conduct in General Level
B) Press Law and Code of Conduct in International Arena
Chapter - 2
A) About Nepal and India -------------------------------------------------------
o Background of Nepal
o Media legislation of Nepal
– Constitution of Nepal
– Other related Acts
– Nepal Journalist Code of Conduct
o Background of India
o Media legislation of India
– Constitution of India
– Other related Acts
– Indian Journalist Code of Conduct
B) Limitation of Press Freedom
– Limitation of press freedom of Nepal
– Limitation of press freedom of India
Chapter - 3
Importance of the study---------------------------------------------------------------
Chapter - 4
Comparisons between Nepal and India Press system ---------------------------------------------------------------
– Similarity between Nepal and India
– Dissimilarity between Nepal and India
Chapter - 4
Findings ----------------------------------------------------------------
Recommendations-----------------------------------------------------------------
Conclusions------------------------------------------------------------
References --------------------------------
Introduction
Codes are seen as a mechanism of self-regulation, extending from legal imperatives to cultural convention. The code of conduct is recognized by some professional organization and it is obligatory to the members of that organization. But Press law is that sort of law prepared by the government especially Press Council and other professionals to keep control over press. It is enforced by the state, it is obligatory to all the citizens and violating of it would be penalized by the government. Commonly, Press law refers to a special law, which aims to regulate the press publishing industry and electronic media. Anyway the law and code of conduct both deal with the human behavior, but there is not the same one. There is always a debate over what constitutes the elements of code of ethics. Some people question the need for such code while others argue that in-house code should suit supported body or private- sector- supported body for formulating and implementing such a code. A code of ethics seeks to uphold many aspects of professional practices and consensus among journalists representing different media.
Code of ethics is the study of what we ought to do or what we not ought to do. In a fact, it has to do with duty – duty to self and duty to others. Journalists do not have a hard and fast rule for all kinds of dilemma. However Media ethics concerns right and wrong, good and bad, better and worse actions taken by people working for media. Hence, the theme is: follow the rules and your decision will be correct one. It has been accepted that self-legislation and self-enforcement or self-limitation are the best ways of maintaining freedom and responsibility of mass media.
Ethological Meaning
In vedic Hindu word it is derived from “dharmashastra” which means “dharma”. As the same way in Greek word it is derived from “ethika” which means principles or standards of human conduct.
Press Law and Code of Conduct in International Arena:
It is believed that restrictions will have to come from within and must be recognized. Press law is believed to be developed from Athenians Gradually, Press law started to amend in accordance to society, religion and the culture. Then press law started to develop with feeling the importance of proper regulation of press related system. The first written code of conduct of the world is Canon Journalism which is issued by American “Editors Society” in 1923.And that mentioned following point to the journalist. They are;
1) Responsibility
2) Freedom of the press
3) Independence
4) Sincerity, truthfulness, accuracy
5) Impartiality, fair play, decency
Scholars note that the social responsibility theory, in the private-owned media, has been expressed in the form of codes of professional journalistic standards, ethics and conduct on in various kinds of council dealing with individual complaints against the press. The international Principles of professional ethics in Journalism drawn up under the auspices of UNESCO. Those clauses are as follows;
o People’s right to true information
o The journalist’s dedication to objective reality
o The Journalist’s social responsibility
o The Journalist’s professional integrity
o Public access and participation
o Respect for privacy and human dignity
o Respect for public interest
o Respect for universal values and diversity of cultures
o Elimination of war and other great evils confronting humanity
o Promotion of a new world information and communication order.
After Second World War, other countries also started to issue Code of Conduct. In 1955, Social responsibility journalism came in existence. 1950, Ventabodi Summit held on Press freedom and human fundamental right and world peace by UNESCO which issued nine point code of conduct. Also International Journalist Federation Summit held in 1954 which published few points. And their themes are near with the UNESCO’s points. It is amended in 1986 too.
ABOUT NEPAL AND INDIA
Background of NEPAL
Nepal’s first written constitution has promulgated in 1947 toward the end of the Rana regime. The constitutional law of the government came with fundamental rights including freedom of speech and publications, which was continued in the interim constitution 1951 formulated after the overthrow of ranas. However, following excesses in the media which the government of the day ruled to be destabilizing warning to owners of printing presses saying “ they should be aware that newspapers, books and other papers” published in their ruler to assist to prevent break down of law and order. The government also asked them to send the minister as soon as they were published. Thereafter the government issued the Press and Publication Registration Act, 2008 B.S. Press and Publication Act, 2009 B.S.This introduced restriction on the media, which in some of 2010 B.S. It made writing against the king, royal family, diplomats, government, judiciary and those affecting the cultural harmony, punishable. In 1958 “Sanad” came in existence by the effort of Dev Sumsher to regulate the Gorkhpatra. All said the provisions in the panchayat constitution and the aforesaid law and others such as the Press and Publication Act, 1962 and accompanying regulation added more restriction on the press. 1962 law governing the Press came with 33 clauses which included a fairly long list of what could not be done including use of “words, symbol or signs” in newspapers or books Real press freedoms were established in Nepal after the restoration of constitutional monarchy and multiparty democracy in 1990. After 1991 election, prepared a new law of communication policy that for the first time decide to allow independent F.M radio station and new laws, National Broadcasting At 2049. The private Sector began investing in the media. After the establishment of Loktantra scholars said the number of media outlets high for very small country like Nepal. But those media has lack to grab desirable qualitative development. Nepal became democratic Republic since my 28, 2008 the nation has to do a lot in order to experience democratic norms, including press freedom, journalists faced torture and physical assaults threats and mistreat again and again. After the announcement of Loktantra and adoption of interim Constitution of Nepal 2007, freedom of press, publication and broadcast has been principally guaranteed.
Media Legislation of Nepal
Constitution of Nepal
Media Legislations 1990 constitution affirm some provisions for the press and mass communication which have been managed under the article (12, 13, 16, 22)
Article (12): Right to Freedom of Opinion and Expression
· No person shall be deprived of his personal liberty save in accordance with law, and no law shall be made which provides for capital punishment.
· It has provided the freedom of opinion and expression to every citizen.
Article (13): Right to Press and Publication
· No news items, article or other reading material shall be censored.
· No press shall be closed or seized for printing any news item, article or other reading materials.
· The registration of newspaper or periodical shall not be nullified merely for publishing any news item article of other reading material.
Article (16): Right to information
· Every citizen shall have the right to demand and receive information on any matter of public importance.
· Provided that nothing in this article shall compel any person to provide information on any matter about which secrecy is to be maintained by law.
Article (22): Right to Privacy
· Except as provided by law, the privacy of the person, house, property, document and correspondence or information of anyone inviolable.
2063 interim constitution, in revised version mentioned above in other article number except Right to Freedom of Opinion and Expression. They are;
· Article (12): Right to Freedom
· Article (15): Right to Press and Publication
· Article (27): Right to information
· Article (28): Right to Privacy
Other related acts
Ø Working Journalist Act (2051-2064)
Ø National Broadcasting Act (2049)
Ø National Broadcasting Registration Act (2052)
Ø The Nepal Press Council Act (1992)
Ø Libel Act (2016)
Ø Post Box Act (2019)
Ø Copy Right Act (2059)
Ø Radio Act (2014)
Ø Civil Rights Act (2012)
Ø Newspapers Registration Act (1937)
Ø Seditious, Crime and Punishment Act (2019)
Ø Newspaper Registration Act 1937(1994)
Ø Press Advisory Committee (2027)
Ø Press Commission (1957)
Ø National Communication Act (2049)
NEPALI JOURNALIST CODE OF CONDUCT
The Nepal Press Council has laid down a detailed about Code of Conduct for Journalist. This was first written in 1992, later amended and revised in 2008. They are;
Ø Protection and promotion of press freedom
Ø Respect of humanitarianism, human rights and international relations
Ø Safeguard and enforce the right to information
Ø Imparting true and factual information
Ø Editorial freedom and accountability
Ø Respect to right to privacy
Ø Professionalism of a high order.
Ø Decent behavior
Ø Reading to rectify errors
Ø Social responsibility
Ø Respect mutual relation.
Background of India
India is the 7th big nation of the world and the 1st big nation among the SAARC countries. Under British ruled from beginning of 18th centuries. India received independence from British rule on 1947 August 15th. Same year an interim constitution was made. First constitution was made in 1951.
The Indian constitution, while not mentioning the word “press”, provides for “the right to information of speech and expression”. However, [Article19 [1.a] is subject to restrictions under sub clause [2].
Freedom of speech and expression is a constitutionally guaranteed fundamental right of the Indian people. Article 19 {1.a} ensures the implicit freedom but Article 19{2} qualifies this in explicit terms. The parliamentary proceedings {protection of publication} Act of1977 and the Prevention of publication of objectionable matter {Repeal Act of 1977 further reinforces and restricts these freedoms. While constitution guarantees ensure freedom of the press and expression, press and media are obligated by a self –regulatory system of ethics that protect individuals and organizations from libelous behavior.
Media Legislation of India
Constitution of India
Under Article 19 of the Indian Constitution guaranteed the press law under the article 19
Article (19) Press Freedom
Ø Clause (1): All citizens shall have right
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India;
(g) to practice any profession, or to carry on any occupation, trade or business
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India;
(g) to practice any profession, or to carry on any occupation, trade or business
Ø Clause (2): Restriction on matters relating to sovereignty, integrity, official secrecy and defame of the court
Ø Clause (6): Specifies the limits of right to practice a profession, occupation, trade or business.
By the first amendment to the Indian Constitution, enacted in 1950, certain exceptions were introduced into the free speech right.
Other related Acts
1. Official secret act 1923-
a. Do not publish any document of government office.
b. Don’t publish any news which harms the national secret.
c. Violation of this act will be imprisoned for 14 years.
2. Press register of book act 1961 { revised in 1987}
Ø Every person should register in the local governing body before publishing any book.
3. Copy right act 1957-
Ø Punishment should be given if any person copy features news or article, photos, etc which was already published.
4. Press council act 1978-
Ø Implementation and regulation of code of conduct.
Ø Regulate all media house
Ø Every media should provide annual report to government
Ø Should build up code of conduct for news papers, news agencies and journalists.
Ø To preserve the high journalistic standards and traditions and to safeguard freedom of the Press.
5. Indian panel code act 1870-
Ø Social discrimination, religious conflict, deformable news must not be published its violation is punishable by law.
6. Contempt of court act-
Ø Should not publish any news which harms the decisions of Judiciary and court.
7. Drug and magic remedies act 1954-
Ø No advertisement of medicine in paper.
8. Young person harmful publication act 1956-
Ø No news should be published which affect the young generations.
9. Indian post office act 1895-
Ø Book, pictures, materials related to sex must not be exported or imported.
INDIAN JOURNALIST CODE OF CONDUCT
Ø Accuracy and Fairness
Ø Pre-publication Verification
Ø Caution against defamatory writings
Ø Right to Privacy
Ø Recording interview and phone conversation
Ø Conjecture, comment and fact
Ø Newspapers to eschew suggestive guilt
Ø Corrections
Ø Right of Reply
Ø Letters to editor
Ø Paramount national interest
Ø Confidence to be respected
Ø Caution in criticizing judicial acts
Ø Newspapers to avoid crass commercialism
Ø Plagiarism
Ø Non-return of unsolicited material
Limitation of Press Freedom
There is feeling that the press sometimes goes too far crossing the fine line between the public’s right to know on the other hand the right of individuals to privacy and the right of the government to protect the national security. And many cases the court, decide when the press has over stepped the bounds of its rights the courts decide in favor of the press. Law guarantees freedom of the press in broad, general way but does not permit unlimited publication or broadcasting of news, comments without regard to certain rights, privileges and considerations. Both freedom and responsibility are the important if the mass media are to function properly in society.
Limitation of Press Freedom of Nepal
· Protect sovereignty and integrity of the nation.
· Maintain harmonious relations subsisting among various castes, tribes or communities to resist sedition, defamation, contempt of court, and crime incitement.
· To preserve descent public behavior or morality.
Limitation of Press Freedom of India
· Limitation of Indian press can be of two kinds
1. Regulatory: Laws are those that applicable to content before publication – prior restraint including censorship.
2. Penal : Laws are those that are applicable as retaliation after publication (libel, defamation)
Importance of the study
· To perform the practical assignment of the Bachelor second year course of study of T.U
· To find out the present condition of Nepal and India press system, press laws, ethics.
· To check out the similarity and dissimilarity between the India and Nepal press system.
· To check out the limitation of Nepal and Indian press freedom.
· To check out weakness and strength the Nepal and India press system.
· To recommend proper suggestions for improving the Nepal and India press
Comparisons between Nepal and India Press system
Similarity
1. Both countries press are based according to democartic ideology.
2. Both countries press law has been mentioned in the constitution.
3. Both countries media had been seized by the dominant one. In Nepal Mukti Sena of Nepal Congress captured set of radio Akashbani 2005. In India, India Colonial government took over radio broadcasting in 1930 and named “India state Broadcasting Service” later “All India Radio”.
4. In both countries Press Council made Code of Conduct for Journalist
5. Both countries press were under dominant group . India ruled by Britishand somehow Nepal also ruled by Rana Regime.
6. Both countries experienced golden age of the press . 1951 – 1960s Golden Age of Nepali Press.1920s-1950s Golden Age of Indian Press
7. Both countries press were marked by the certain ideology. Nepali press were divided into pro- panchayat and anti- Panchayat . Indian press were marked by two competing ideologies struggle against authority of British or Indian and seeking independence , and supporting or loyal to the regime in power.
8. Both countries press had been controlled . InNepal 2062-2063 press was controlled by Gaynendra.In india 1947-1970s during the emergency press was controlled for 19 months.
Dissimilarity
1. A main difference is that Nepali press facing the problem of implementation but Indian press does not have it. For e.g.: Nepali law guaranteed the Advertisement Distribution Act but not implemented yet. India Working Journalist Act has been implemented but in Nepal it is just mentioned on the Act (2051-2064), not implemented yet.
2. Around 15th and 16th centuries India introduced printing press but Nepal started very late, after 2000 years.
3. Before 1947 India had Law of death penalty but Nepal never had it.
4. India has political stability but Nepal does not have which effect on the every sector.
5. India has Law to regulate the broadcast system and applied it too. But Nepal had mentioned this act but not regulate till now.
6. In India the right to information is more honored in the breach than the observance. But in Nepal it has been only in the surface.
7. Press council Chairman of India is almost like a Supreme Court judge but in Nepal not like that.
8. Indian press are very reach in use of modern technology, transportation, well-manpower and distribution. However, Nepali press faced lack of those.
RECOMMENDATION and CONCLUSION
Recommendation
A code of conduct aims at making journalists more professional, responsible and credible. It should educate and supervise journalist, reminding them of their obligation to society and alone their error, if any. In democratic society based on the rule of law, freedom of expression is not a luxury but a necessity because it constitutes one of the essentials of such a society. As no freedom is absolute and has to be subject to reasonable restrictions the freedom of press is also subject to reasonable restriction regulation. As one of the major objective of this study is to compare and contrast the Nepali and Indian press system, here we have found various loopholes in the practice of press, and even in the press laws. Both countries press evaluates news and views critically in free and far way. There have been claims that both media organization have been promoting their respective ideology. But it is not right one. Though both countries media became free, but they could not become fair in their functioning. They just became mouthpiece of the party and those forces. Moreover Nepali are very backward to implement the law just mentioning in the constitution is not have any meaning or privilege. Those acts must have to be implemented. The Working Journalist Act, Advertisement Distribution Act, Broadcasting Act etc have been mentioned but those acts are not implemented yet. It is further pointed out that free collection and dissemination of facts is not possible in the case of newspapers which depend to a large extent on revenue from advertisements as the advertising interests cannot but influence the presentation of news and comments. Unless this whole structure of ownership and control in the newspaper industry, and also the manner of the economic management of the Press, is changed, it is therefore suggested, the Press cannot be really free. With some exceptions, there has also not been enough effort to develop interest in news, other information and comments on aspects of life other than politics, crime and sports. State monopoly over broadcasting media in technical and financial ways is the weakness which should not be freed to govern over the press system. In both countries press freedom mentioned under the constitution, but both countries journalist are in threats, exile, feel unsecured and faced tortured while writing or for writing. So, there must make out from those threats and pressure to journalist.
CONCLUSION
Press and journalism entered South Asian continent through India. Asian countries media ethics are guided by religion, Bhuddhism, Muslim and Hindusim. Asia is a region that has been undergoing massive changed not just economically.Like all countries faced with the problems of globalization, these two countries Nepal and India also struggling to hold on to its strong American influence. Freedom of the press in both countries remains bleak. Like too often, journalists in these regions have a confrontation with officialdom (bureaucracy) or face imprisonment and brutal expression. Subtler methods of stifling boycotts and legal provisions designed to protect national security – are also being widely and effectively deployed. Consequently, the practice of self- censorship is nudging toward epidemic proportions. Indian hegemony sets trends over the Medias of other South Asian nations. As the literacy rate plays vital role to judge the status of press freedom. Literacy rate in India is highest amongst SAARC nations (68%) and comparatively Nepali literacy rate is less.
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