<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114111120/637216cd9c7e80680e0ba9b3jpeg.jpg" alt="" width="1100" height="1269"/><figcaption>Illustration: DIWAKAR CHETTRI</figcaption></figure>The past two years have accelerated the trends already buffeting the media industry pre-Covid: migration of readers and advertisers from legacy to digital media, entertainment replacing information, a losing battle against fake content, and so on.Kitty videos went viral even as the virus shut society down. Social media became the new mass media.Till three years ago in Nepal, <a href="https://www.nepalitimes.com/banner/how-nepals-media-landscape-is-being-transformed/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/banner/how-nepals-media-landscape-is-being-transformed/&amp;source=gmail&amp;ust=1651624304899000&amp;usg=AOvVaw3t8DpuKSKgqz-bOvPRD1R3">‘Facebook’ was synonymous with ‘Internet’</a>. But in <a href="https://www.nepalitimes.com/editorial/new-news/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/editorial/new-news/&amp;source=gmail&amp;ust=1651624304899000&amp;usg=AOvVaw3CLJ3__F60u9ijYJAn_Bsz">2019 YouTube users overtook Facebook</a>, and now a <a href="https://www.nepalitimes.com/here-now/huge-uptick-in-tiktok-during-nepal-lockdown/" target="_blank" rel="noopener noreferrer">TikTok takeover</a> makes dance routines on the platform consume nearly a quarter of the country’s bandwidth.The power and reach of global digital platforms and online portals have transformed the way people stay informed, while <a href="https://www.nepalitimes.com/editorial/the-message-is-the-medium-2/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/editorial/the-message-is-the-medium-2/&amp;source=gmail&amp;ust=1651624304899000&amp;usg=AOvVaw3_LES6c-wOoyW5ET4vUl3F">some prefer to be deliberately disinformed</a>. Since digital content can be manipulated and multiplied, it is easier for populism to replace pluralism.As algorithms radicalise voters and confine them to echo chambers, elected demagogues across the world threaten democracies, and despots get voted to power.The print media in Nepal went fully digital during the 2020 lockdowns, and even though revenue plummeted, readership hit the roof. Newspapers like this one resumed print editions and reclaimed <a href="https://archive.nepalitimes.com/regular-columns/guest-editorial/readers-editorial,1059" data-saferedirecturl="https://www.google.com/url?q=https://archive.nepalitimes.com/regular-columns/guest-editorial/readers-editorial,1059&amp;source=gmail&amp;ust=1651624304899000&amp;usg=AOvVaw3UUu5VRVBiBEucIhJFjFPt">loyal hardcopy readers</a>, but there are many times more users online now for multimedia content. The economics of the media business has also changed, possibly forever.Nepal’s economy was just beginning to recover from the downturn caused by the pandemic when <a href="https://www.nepalitimes.com/here-now/ukraine-crisis-hits-nepal-economy-hard/" target="_blank" rel="noopener noreferrer">the war in Ukraine</a> scored another direct hit on <a href="https://www.nepalitimes.com/latest/the-geopolitics-of-food/" target="_blank" rel="noopener noreferrer">fuel and food prices</a> worsening hard currency reserves and the country’s balance of payments.New restrictions on bank loans and imports have hit businesses hard, and this has had a direct impact on advertising -- the main source of revenue for media companies.Just when its role in safeguarding democracy and press freedom has become more vital than ever before, journalism struggles to survive and retain its relevance. This ends up <a href="https://www.nepalitimes.com/editorial/censuring-censorship/" target="_blank" rel="noopener noreferrer">undermining the independent check and balance role</a> of the fourth estate in defending democracy.Nepal’s media practitioners need to be more vigilant than ever -- especially at a time when we see the largest, oldest and most vibrant democracies in the region and around the world being dismantled by leaders who have co-opted democratic institutions to propel themselves to power and remain there.All this may look pretty discouraging for those who believe in an open society, and value tolerance, inclusiveness, and the freedom to express themselves. But the Internet has always been a double-edged sword, like all other technologies that preceded it.Fake news, disinformation and gossip did not begin with the social web. They are as old as the written word itself. Elon Musk calls Twitter the global ‘town square’, but town squares through history have also been violent places – unleashing lynch mobs, witch hunts, burnings at the stake and public hangings.There are equivalents of early newspapers inciting pogroms in Russia and Germany, later of radio in Rwanda sparking genocide. The only difference with online posts is their instantaneous amplification and global reach. And effect of this can be fast and brutal, as seen by the calls for mass killings of the Rohingya in Facebook posts, and lynchings in India triggered by WhatsApp groups.Cancel culture, trolling and cyber-lynching by bot armies also dampen voices calling for moderation, science-based decision making, and acceptance of diversity.<a style="font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/editorial/dont-act-on-the-act/" target="_blank" rel="noopener noreferrer">Attempts to regulate Internet content</a> collide head on with accepted norms of free speech. Where does one draw the line? It might first be important to distinguish between ‘journalism’ broadly defined on the one hand, and on the other, posts inciting violence or troll factories manufacturing hate on assembly lines.These and other issues will be the subject of the day-long ‘Connectivity in the Age of Disinformation’ conference at the Himal Media Mela on 7 May, marking Himalmedia’s own 25th anniversary year. Media practitioners will be taking stock of the media’s role in these changed circumstances.The <a href="https://www.nepalitimes.com/banner/the-death-of-print-is-exaggerated/" target="_blank" rel="noopener noreferrer">death of print media is exaggerated</a>. There is still power in print because the powerful read it. A survey in 2020 also showed that most Nepalis were not reading print media because <a href="https://www.nepalitimes.com/editorial/new-news/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/editorial/new-news/&amp;source=gmail&amp;ust=1651624304899000&amp;usg=AOvVaw3CLJ3__F60u9ijYJAn_Bsz">roadside shops had stopped stocking newspapers</a> and magazines.That survey by <a href="https://www.sharecast.org.np/" data-saferedirecturl="https://www.google.com/url?q=https://www.sharecast.org.np/&amp;source=gmail&amp;ust=1651624304899000&amp;usg=AOvVaw0zGgEqvlW8X0_WPVzK5j2c">Sharecast Initiative Nepal</a> revealed 96% of Nepalis had mobile phones, and <a href="https://www.nepalitimes.com/editorial/new-news/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/editorial/new-news/&amp;source=gmail&amp;ust=1651624304899000&amp;usg=AOvVaw3CLJ3__F60u9ijYJAn_Bsz">showed that</a> 94% of those following the mainstream press are still reading the paper newspaper because they found it more ‘trustworthy’. Although respondents said they used social media platforms, more than 90% said they did not believe everything in it.And that is the niche that Nepal’s mainstream press now need to fill: to be the credible source of news, present verified facts, correct online falsehoods, as well as to explain, interpret and analyse events and trends.Gazing into the future, <a href="https://www.nepalitimes.com/here-now/the-new-reality-of-nepals-virtual-celebrities/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/here-now/the-new-reality-of-nepals-virtual-celebrities/&amp;source=gmail&amp;ust=1651624304899000&amp;usg=AOvVaw2KtE3bnQpem6LSBL3c-go4">social media</a> platforms will be useful dissemination tools, social media platforms will be even more entertainment-driven, and it will be the papers and their digital editions with credibility and exclusive content that will stay afloat.

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Internet in everything

<figure><img width="1776" height="1149" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114101124/6372094f9c7e80680e0b5534jpeg.jpg" alt=""/><figcaption>Gyan, Buddhisara B.K., parents of two laboureres killed in Kotbada airport, Kalikot.</figcaption></figure>It was 8 December 2002, and my documentary जोगीमाराका ज्युँदाहरु (The Living of Jogimara) was being screened at the Kathmandu International Mountain Film Festival (KIMFF 2002). The hall at the Russian Cultural Centre in Kathmandu was packed, and the audience had overflowed into the aisles. As director, I should have been sitting on the front row. But I had another job that day: to stand next to the projectionist and at exactly 10 minutes 47 seconds, mute the film for 20 seconds. As directed by the military censors, this was to prevent the audience from hearing the narration: ‘A few days after <a href="http://archive.nepalitimes.com/news.php?id=6681#.YgimpChBzOQ" target="_blank" rel="noopener noreferrer">the Mangalsen attack</a>, the army arrived at the airfield and opened fire. Thirty-five people were shot dead. Among them were two children, labourers from other parts of Nepal, including 17 young men from Jogimara.’ As a film-maker I had never been trained to mute the sound track during a public screening. My eyes were glued not on the screen but on the digital time counter on the VHS player.https://www.youtube.com/watch?v=tA34vvNRsSgA year earlier, the Maoists had broken off peace talks and conducted simultaneous raids on army bases across the country. The government declared an emergency, and for the first time mobilised the Royal Nepal Army against the Maoists. Till then it was the police that was fighting the rebels.Today, we know from many countries that crackdowns on the free press in elected democracies can be more draconian than in authoritarian regimes. Twenty years ago, I faced proof of it in that dark auditorium. I was then with <a href="https://cijnepal.org.np" target="_blank" rel="noopener noreferrer">the Centre for Investigative Journalism Nepal (CIJ)</a>. Freed from day-to-day journalism, the job allowed me to look at the conflict in perspective, put the daily death tolls into context, and examine the human side of the war, and its impact on ordinary people.I was following the <a href="http://archive.nepalitimes.com/news.php?id=13920#.YgiiHChBzOQ" target="_blank" rel="noopener noreferrer">Kotbada massacre in Kalikot</a>. News reports were sketchy and contradictory. State media said ‘many terrorists’ had been killed at the under-construction airfield. Another news item buried in the inside pages said that among the ‘terrorists’ were 17 men from <a href="http://archive.nepalitimes.com/news.php?id=15172#.YgiiTShBzOQ" target="_blank" rel="noopener noreferrer">Jogimara in Dhading district</a>. An RSS report quoted MPs Prem Bahadur Singh from Kalikot and Rajendra Pandey from Dhading as informing the house that the dead were labourers constructing the airfield. <figure><img width="1486" height="1036" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114101124/637209539c7e80680e0b5535jpeg.jpg" alt=""><figcaption> </figcaption></figure>My <a href="http://archive.nepalitimes.com/article/nation/should-journalists-job-extend-beyond-coverage,1881" target="_blank" rel="noopener noreferrer">journalist antennae</a> perked up. I heard from reporter Bhupraj Khadka that a family in Jogimara had conducted a funeral of one of the dead even though it had not received his body from the Army.As a film-maker, I felt this could be a way to portray the cruelty and senselessness of war. But there was an insurgency going on, and filming would be difficult and costly. I approached renowned documentary maker Dhruba Basnet, who had made the film रक्ताम्मे गराहरू (Blood-soaked Terraces) and we had worked together in many parts of Nepal.Rajendra Dahal, editor at Himal Khabarpatrika, offered to publish the story. In Jogimara, I met 15 of the 17 families who had lost their men in a massacre 500km at the other end of Nepal in Kotbada. The story came out in Himal, and Nepali Times <a href="http://archive.nepalitimes.com/news.php?id=5700#.Ygih3yhBzOQ" target="_blank" rel="noopener noreferrer">translated it in the issue #106</a> of 9-15 August 2002 (screenshots, below). This was a rare exposé of a conflict-era crime.We started working on the video footage, and were convinced it would be an important documentation of the tragedy. We had to do it on a shoe-string budget, and the film finally premiered at KIMFF 2002.There was pin-drop silence during the screening. From time to time, I could hear sobbing in the dark. But I had to concentrate on the approaching 10:47 on the VHS digital clock. At exactly 47 seconds, projectionist Sudarshan Karki muted the sound. The audience had been quiet till then, but I heard murmurs: “They’re censoring.” I had to have a ready answer in the remaining 32 minutes of the film, because the viewers were sure to have questions afterwards. <img width="1750" height="2448" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114101124/637209569c7e80680e0b5536jpeg.jpg" alt=""><img width="2446" height="1096" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114101124/637209599c7e80680e0b5537jpeg.jpg" alt="">King Gyanendra had just <a href="http://archive.nepalitimes.com/news.php?id=5416#.YgikPShBzOQ" target="_blank" rel="noopener noreferrer">sacked elected Prime Minister Sher Bahadur Deuba two months prior</a>, and had appointed Lokendra Bahadur Chand as prime minister. The emergency had been lifted, but now the palace and army were in charge.The Royal Nepal Army had got the district administration and Police Inspector Sukhdev Neupane of Kamal Pokhari station to stop the screening. Neupane called to say his bosses wanted to see the film. I replied that it was shot in a new format, and it would take time to convert. He said the police had state-of-the-art equipment in its tv studio and that wouldn’t be a problem.The police were not just trying to stop my film, but were putting pressure on KIMFF organisers Basanta Thapa and Kanak Mani Dixit to cancel the entire festival. They finally agreed on a compromise: show the film, but mute the parts the military found objectionable.When the screening started, I noticed soldiers in camouflage fatigues enter the hall. They had walkie talkies. When the film ended, there was stunned silence, then applause. The lights went up. I strode to the stage to answer audience questions, and the inevitable one: “Why was the film muted in the middle?”I had prepared my answer, but I saw the soldiers glaring at me from offstage. “The system was working, but it went off for a while,” I said, but could not muster the courage for the rest of my prepared answer: “But don’t ask me whether it was the sound system that was broken, or the country’s system.”I stepped off the stage, telling myself that when confronted with a formidable enemy, it is foolish to wage frontal warfare. It is better to outflank the adversary and go into insurgency mode. The censors had forced me to become a guerrilla film-maker. The 38-minute documentary went on to be a hit, with two additional screenings during the festival. Many wept openly. Basanta Thapa wrote later in Himal: “By trying to censor the film, have we been deprived even of the right to cry for our own country?” After KIMFF 2002, the Ministry of Communications imposed a <a href="http://archive.nepalitimes.com/news.php?id=4413#.YgikvChBzOQ" target="_blank" rel="noopener noreferrer">censorship rule on all film festival screenings</a>. Since then, there have been many governments that have come and gone in Nepal. But the state has not been able to resist its temptation from time to time to curb the freedom of expression. Mohan Mainali is an author and documentary film-maker.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114101124/6372095c9c7e80680e0b5538jpeg.jpg" alt="" width="145" height="189">

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Forbidden to remember the Kotbada massacre

<img width="1070" height="830" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121140/636a40e99c7e80680e04a64ajpeg.jpg" alt=""/>Whether Nepal was ruled by a monarchy-military dictatorship, an elected coalition or a communist regime, its leaders have often tried and ultimately failed to suppress the press.After the <a href="http://archive.nepalitimes.com/news.php?id=1175#.XNvLDOUza70" target="_blank" rel="noopener">royal-military coup of 1 February 2005</a>, the Royal Nepal Army invaded newsrooms. At Nepali Times, two soldiers in military fatigues peered at the monitor, forcing the designer to expunge columns and cartoons. Kathmandu-based papers, including this one, went to press with white holes — so readers got the message that the edition had been censored. We wrote <a href="http://archive.nepalitimes.com/news.php?id=1222#.XNvLI-Uza70" target="_blank" rel="noopener">metaphorical editorials</a> comparing democracy to trees, and played cat-and-mouse with the authorities. Radio stations were told to broadcast only music, no news or current affairs. Some news readers got so fed up they started singing the news, broadcasting bulletins in duets. In the districts, radio stations were closed down, journalists jailed, some tortured and forced into solitary confinement for a year.After the ceasefire and the 2008 elections, in which the Maoist party won a landslide, many breathed a sigh of relief. The war was over, and it looked like our freedoms had been restored. We were mistaken. <a href="http://archive.nepalitimes.com/news.php?id=15506#.XNu7ZOUza71" target="_blank" rel="noopener">The ruling Communists</a> retaliated against critical content in the media <a href="http://archive.nepalitimes.com/news.php?id=15507#.XNu7EeUza71" target="_blank" rel="noopener">throughout 2008-9</a> by burning newspaper distribution vans, <a href="http://archive.nepalitimes.com/news.php?id=15513#.XNu7OOUza71">instigating militant unions</a> or <a href="https://www.nepalitimes.com/opinion/creeping-control-over-the-press-in-nepal/" target="_blank" rel="noopener">vandalising and assaulting journalists in their newsrooms</a>.Ever since the united Nepal Communist Party came to power, it has been taking incremental steps to gag the media. Not with a sudden, swift crackdown but <a href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/" target="_blank" rel="noopener">softly, in instalments</a>. Like frogs in a pot of water above a fire, we are not supposed to notice that the water is starting to boil until it is too late. Just a short recap: <ul><li>In August 2018, Nepal’s new Penal Code criminalised photography (Section 295), slapped on heavy fines and jail terms for recording conversations (Section 293) and announced strict punishment for sending, receiving or using online data (Section 298). It banned ridiculing of government officials by <a href="https://www.nepalitimes.com/from-the-nepali-press/press-freedom-must-be-defended-by-its-maximum-application/">Photoshop-ing</a> their images.   </li><li>A bill in Parliament sought to <a href="https://www.nepalitimes.com/banner/suppressed/" target="_blank" rel="noopener">prohibit journalists from publishing personal information of public officials</a>, ostensibly to protect their privacy.</li><li>Editors were summoned to the Press Council for intimidating interrogations.</li><li>Three journalists in the English language service of the state news agency RSS are being investigated for putting out a story that the Dalai Lama was out of hospital in New Delhi. Their crime: transmitting the item while President Bidya Devi Bhandari was on a visit to Beijing.</li><li>Last week, the Ministry of Communication and Information Technology slipped a draconian Media Council Bill into Parliament with excessive secrecy. It stipulates <a href="https://kathmandupost.ekantipur.com/news/2019-05-13/the-media-council-bill-further-endangers-press-freedom.html" target="_blank" rel="noopener">hefty fines on journalists</a>.</li></ul>Taken together, this is a creeping coup. Nepal seems to be following the roadmap of elected despots worldwide who are cracking down on the free press. Our leaders appear to have got hold of the manual from the one-party states they have been visiting of late.The <a href="https://www.onlinekhabar.com/2019/05/765299?utm_source=Facebook&amp;utm_medium=TwitterPost" target="_blank" rel="noopener">Media Council Bill</a> was introduced in Parliament last week without stakeholder consultation as is customary, and <a href="https://www.kantipurdaily.com/opinion/2019/05/12/155762804094661037.html" target="_blank" rel="noopener">smacks of ill intention</a>. Members of the Council can now be appointed or sacked at will by the Ministry of Communication. Publishers, editors or reporters can be fined up to Rs1 million for tarnishing someone’s reputation.  To be sure, sections of Nepal’s media can also be  faulted for yellow journalism, character assassination, extortion, corruption and politically-sponsored content. The media cannot be an island of integrity when the nation is afflicted by a pandemic of graft.  Members of the media-industrial complex have at times behaved like power brokers.Respondents in a recent <a href="https://www.nepalitimes.com/here-now/survey-is-wakeup-call-for-nepal-government/">nationwide public opinion poll</a> gave low marks to the media: 57% said they did not trust journalists much. The outrage over a <a href="https://www.youtube.com/watch?v=y3l7vEIvWxU" target="_blank" rel="noopener">live studio interview</a> during which Deputy Prime Minister Upendra Yadav <a href="https://www.nepalitimes.com/from-the-nepali-press/the-minister-and-the-anchor/" target="_blank" rel="noopener">walked out on the anchor</a> showed that the public sees journalists as getting too big for their boots.One reason the media could have fallen in the public’s esteem is that most citizens do not make a distinction between the mainstream press and unfiltered content on social media. But the government cannot use this as an <a href="https://www.nepalitimes.com/banner/long-shadows/" target="_blank" rel="noopener">excuse to gag the media</a>. Press freedom is a vital part of the check and balance in a democracy, and the Communist government must realise that one day when it is back in the opposition it will need the very press that it is trying to undermine now.But if it goes ahead and passes the Media Council Bill, this may be the last time we will be free to say in this space why it goes against the letter and spirit of our Constitution.10 years ago this weekNepali Times <a href="http://archive.nepalitimes.com/issue/451" target="_blank" rel="noopener">edition #451</a> of 15- 21 May 2009 had an <a href="http://archive.nepalitimes.com/news.php?id=15941#.XN1DnBQzaUk" target="_blank" rel="noopener">editorial titled ‘There they go again’</a> that could have been written about current Nepali politics. Excerpt:Countries in fragile political transition have to be governed differently than stable democracies. Transitional politics require a unity of purpose. It calls for political parties to never lose sight of the goal: preserving the peace, writing the Constitution and keeping citizens content.Unfortunately, consensus has become the first casualty in the conflict of interest between the Maoists and the rest. Chairman Dahal erroneously thought that being the biggest party in the CA gave him the right to decide things on his own. The Maoists are now following the example that the NC set. The controversy over unilateral dismissal and subsequent reinstatement of the army chief was a consequence rather than cause of the crisis of confidence between the main political parties.Our politicians, too, have forgotten why they got the people’s mandate. It wasn’t to bicker endlessly in Kathmandu over power.<a href="http://archive.nepalitimes.com/issue/451"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121140/636a40ec9c7e80680e04a64bjpeg.jpg" alt="" width="682" height="1084"></a>

A creeping coup

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121136/636a3faa9c7e80680e04a5dajpeg.jpg" alt="" width="1400" height="1050"/><figcaption>SUP-PRESS: Journalists taking part in a rally on Tuesday ahead of World Press Freedom Day on 3 May were stopped by barricades and riot police outside Parliament in Kathmandu. Pic: MIN RATNA BAJRACHARYA</figcaption></figure>The year since the Nepal Communist Party government came to power has seen a creeping squeeze on the media space, both on the Internet and in the mainstream press. The Civil and Criminal Codes first criminalised photos and cartoons that ridiculed politicians and then put official documents out of bounds for media.Journalists have been arrested and ordinary citizens, including a singer, have been trolled and threatened for social media posts. Reporters without Borders ranked Nepal at 106 among 180 countries on its Press Freedom Index 2019, a six-point drop from last year.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121136/636a3fad9c7e80680e04a5dbjpeg.jpg" alt="" width="364" height="204">The Federation of Nepalese Journalists (FNJ) says there were 58 violations of media freedom by the state last year. They included attacks, threats, abuse and even the disappearance of one journalist. FNJ this week submitted a letter to the co-chair of the ruling NCP, Pushpa Kamal Dahal, as well as to opposition leader Sher Bahadur Deuba, drawing their attention to the crackdowns. The nature and number of incidents have come down from the previous year, but legal challenges have increased, says FNJ general secretary Ramesh Bista.“Journalists are being arrested through laws not designed for the media, but the Electronic Transaction Act, which usually applies to banking,” says Bista. “The government is preparing a draft for online content and an umbrella law for all media that includes provisions which could affect journalists in their work. We are very concerned about the negative impact this will have on the constitutionally-guaranteed freedom of expression in Nepal.”Read also:<a href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/" target="_blank" rel="noopener">Gagging the press in installments</a>, Sewa Bhattarai<a href="https://www.nepalitimes.com/from-the-nepali-press/press-freedom-must-be-defended-by-its-maximum-application/" target="_blank" rel="noopener">Press freedom must be defended by its maximum application</a>, Shiva GauleHistorically, Nepal has been a safe country for journalists since the end of the absolute monarchy, although there was a period in 2016 when reporters and editors were silenced. On paper, Nepal has some of the most progressive laws on press freedom, and is one of the few countries where the right to information is also applicable to politicians. However, these laws have been superseded by potentially draconian provisions that could allow the state to deny these rights.“The Criminal Code of 2017 has criminalised the violation of privacy and prohibits investigating records and documents, which directly hampers the work of journalists. Individual privacy should be protected, but the law should not be applicable to public figures,” says Namrata Sharma, Chair of the Centre for Investigative Journalism, Nepal. “The Constitution prohibits acts or speech against national interest and sovereignty, and that can be used against journalists, which is a matter of great concern.”Activists at a rally a few days ahead of World Press Freedom Day on 3 May said the ruling NCP’s attitude towards the media has been antagonistic. Minister of Communication and Information Technology Gokul Baskota has publicly derided media criticism of the government. A person who posted an unflattering, photo-shopped image of the prime minister online was arrested, singer Pashupati Sharma was forced to delete a music video on YouTube that ridiculed corruption, and Pokhara reporter Arjun Giri was arrested over a defamation complaint under the cybercrime law.Read also:<a href="https://www.nepalitimes.com/banner/suppressed/" target="_blank" rel="noopener">Suppressed</a>, Om Astha Rai<a href="https://www.nepalitimes.com/opinion/creeping-control-over-the-press-in-nepal/" target="_blank" rel="noopener">Creeping control over the press in Nepal</a>, Ajay Pradhan

Long shadows

<figure><img width="1400" height="1031" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107141112/636904bc9c7e80680e037d3djpeg.jpg" alt=""/><figcaption>UNDERPASS: It looks like you forgot that there is now a new law that forbids disclosure of the private information of public officials. Vatsyayan in Kantipur, 25 August</figcaption></figure>It has only been two weeks since Nepal’s new Penal Code criminalised photography (Section 295), slapped heavy fines and jail terms for recording conversations (Section 293), and announced strict punishment for sending, receiving or using online data (Section 298). Another privacy-related bill in Parliament will prohibit people from publishing personal information of public officials. But it has already had a <a href="https://www.nepalitimes.com/banner/suppressed/" target="_blank" rel="noopener">chilling effect across the Nepali media</a>.A person who ridiculed the prime minister on Facebook was tracked down and arrested for photo-manipulating the prime minister's photo, which violates Section 295 of the Code. Editors of Nagarik, Annapurna Post and Kantipur were summoned to the Press Council for interrogation.Photojournalist Usha Titikshu was taking a photo of a damaged CCTV camera at an airport recently, when she was stopped. “Don’t you know the new rules about not taking photos?” she was warned.If enacted earlier, the new laws would have forced editors to spike their recent investigative reports on the Chief Justice’s doctored certificates, photos showing collusion between top politicians and medical college owners, and stories of corruption in high places.The Federation of Nepalese Journalists last week issued its Godavari Declaration demanding that the provisions be immediately rescinded. The International Federation of Journalists (IFJ), The Committee to Protect Journalists (CPJ), Reporters without Borders (RSF) and others <a href="https://www.nepalitimes.com/latest/amend-criminal-code-rsf/" target="_blank" rel="noopener">all condemned the move</a>, demanding that Nepal adhere to the international standards and principles of freedom of expression.Although the constitution guarantees press freedom as an inviolable right, the laws try to enforce constitutional provisions protecting a citizen’s right to privacy more strictly, even extending it to public figures.Read also: <a href="https://www.nepalitimes.com/banner/strongman-rule/" target="_blank" rel="noopener">Strongman rule</a>, Om Astha RaiPress adviser to the prime minister and former editor Kundan Aryal admits that a free press is important, but says the Nepali media has failed to self-regulate."Journalists do not rein themselves in, they feel free to make derogatory comments, especially about women. It is necessary to regulate the press,” he told Nepali Times. Such talk has already had a dampening effect, with editors and reporters now more wary of publishing information in the public interest. The fear is that the laws are so broadly defined and open to interpretation, anyone can be hauled over for anything.The crackdowns started coming thick and fast after the Nepal Communist Party government was elected to power in January: it consolidated the surveillance arms of the state in the PMO, proposed restrictions on advocacy through the National Integrity Policy, and banned popular areas for protest. Photographer Chandra Ale of Onlinekhabar recently faced questions when he was at Kalimati vegetable market where traders had locked up government inspectors. “A person asked me if I had permission to take photos. He followed me, and forced me to delete my pictures,” Ale relates.Photojournalist Usha Titikshu thinks there is a systematic plan to gag the media. “Threats to journalists are more common across South Asia, and we have not connected the dots to see that the same is happening in Nepal,” says Titikshu, citing the rape and deaths of journalists in India and <a href="https://www.nepalitimes.com/banner/the-death-of-democracy/" target="_blank" rel="noopener">the arrest of noted Bangladeshi photographer Shahidul Alam</a> who is being mistreated in jail. “We see our own government moving towards similar intolerance in Nepal.”Ujjwal Acharya, South Asia coordinator of IFJ and digital media watcher says: “Today one thinks twice before posting anything on social media. By the looks of it, the government intends to curtail all kinds of expression, especially investigative journalism.”Says Nagarik editor Gunaraj Luintel who answered an unprecedented summon from the Press Council: “It was overstepping its mandate, even asking me to explain a mistake in print to the parties involved. The council is only supposed to promote ethical journalism, but it has become an arm of the government. The aim is to increase censorship in a planned way.”Narayan Wagle, editor of Kantipur, was also summoned by the Press Council for the first time in his 30-year career, and says the it has outlived its usefulness.“The practice in democratic countries is that the government does not monitor the press. The press monitors itself through a code of ethics. But in Nepal, a new law about the Press Council is in the offing, which proves the government wants to further tighten the noose around the press.”Bikas Karki, president of Photo Journalists’ Club, agrees that the government’s real intention is control: “The Constitution has become like the elephant’s tusks, it is there just for show. The laws are the real teeth inside, which bite.”Nepal has gone through censorship before. The Panchayat system banned political parties, and the royal palace strictly controlled the press. In 2005, King Gyanendra tried to take the country back to those dark days. Some say the new Code is even worse than the Panchayat.“There were threats then, but they were verbal or even unspoken,” recalls photojournalist Gopal Chitrakar, who started out at Gorkhapatra during the Pancahayat. “I don’t remember such draconian measures. These new rules are in writing, they are backed by the law. That gives them legitimacy which is more dangerous.” Kundan Aryal reassured us that the Code and laws can always be amended. But this does not convince journalists who say the laws that restrict media freedom are inherently anti-democratic, unconstitutional and remove its check-and-balance function. Laws that are broadly defined are even more dangerous, and can be a path to authoritarianism.Read also: <a href="http://archive.nepalitimes.com/article/nation/varying-press-freedom-in-burma,1261" target="_blank" rel="noopener">Too little, or too much freedom</a>, Kunda Dixit <h4>The right to say the emperor is naked</h4> Satire flourishes best and is most prolific when there are controls on free speech, and Haribansa Acharya should know. He says he performed his most fulfilling and creative skits during the Panchayat.“Saying ‘17 Sal’ out loud was banned, since it was the year of King Mahendra’s coup. So we got away by saying ‘the year between 16 and 18’,” remembers Acharya. “We also called Prime Minister Surya Bahadur Thapa ‘Gham’ instead of Surya. We played cat and mouse with the censors, and it was more fun and creative. Today’s satire seems to lack that art.”Satire, in fact, seems less necessary when there is full freedom, but it is a lifeline during restrictive times. Even during the absolutist Rana and Shah reigns, the royals knew citizens needed to let off a little steam. So, they allowed one day in a year on Gai Jatra (on 27 August this year)when people had freedom to say anything. <figure><img width="1200" height="841" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107141112/636904bf9c7e80680e037d3ejpeg.jpg" alt=""><figcaption> </figcaption></figure>Culture expert Tejeswor Babu Gongah remembers Gai Jatra revelers burning an effigy of the Panchayat, an act that would have people locked up on any other day of the year."Humour is one space where you can raise issues that you cannot elsewhere, therein lies its power to question authority,” he adds.Some have noted that this year’s Gai Jatra seemed subdued, with fewer shows. On social media, there were comments that satirists had already started self-censoring because of the new Criminal Code.Satirist Manoj Gajurel, who has made a career out of lampooning kings, prime ministers and guerrilla commanders, says: “Humour has a social responsibility to carry the people’s message to authority when it refuses to listen to direct communication.”However, an elected government now wants to take away that right of Nepalis to poke fun at power. Section 306 of the Code specifically prohibits ‘satire’ and categorises it under libel, and Section 295 prohibits caricatures.“I feel a great sense of dread,” admits cartoonist Durga Baral, who went underground during the Panchayat but continued to produce cartoons under the pen-name Batsyayan, despite threats."Freedom of expression is our basic right, and if we are not free to speak out, it all gets bottled up inside.”Nepali cartoonists are pushing back. Last week, Rabin Sayami drew a savage cartoon that tore the government to shreds over its callousness in not investigating the Kanchanpur rape case, and killing a protester. It depicted a smiling Pushpa Kamal Dahal and a smug Prime Minister Oli with a smoking gun in his hand (above). The rapist holds a bloody knife, and has his back turned. Two photos of the rape victim and a dead protester hang on the wall.Sayami was warned by friends to be careful, and that he might be sent to jail. He says the cartoon was a test: “To see if we are still a democracy.”Read Also: <a href="https://archive.nepalitimes.com/article/Nepali-Times-Buzz/saparu-the-festival-of-death-and-rebirt,2543" target="_blank" rel="noopener">Saparu</a>, Sonia Awale<a href="http://archive.nepalitimes.com/news.php?id=11225#.W4fAI84zbIU" target="_blank" rel="noopener">Festival of death and satire</a>, Desmond DoigCode wordsWhile Nepal's journalistic community is up in the arms about the latest Criminal Code, lawyer Madhav Basnet says it is not as worrying as perceived, for the following reasons: <ul><li>The 1990 Constitution was the first one to clearly mention the right to privacy.</li><li>Nepal has a long history of laws against slander and libel, even in Jang Bahadur's Muluki Ain of 1853.</li><li>The Criminal Code does not specifically mention any profession like writers, journalists or photojournalists.</li><li>The conduct of journalists is covered by other laws related to the media, which remain unchanged. The Criminal Code mentions that it will not supersede laws relating to specific professions.</li><li>With social media, it is not just journalists and photographers who take photos, collect and disseminate information, but everyone. The Code is only prescribing limits for them.</li><li>The law, however, does apply to journalists if they are not transmitting through the mass media.</li><li>The Criminal Code is not the guarantor of freedom of expression, the Constitution is. That freedom is not without its limits, and the limits are also mentioned in the Constitution. However, nothing can take away that freedom. And if any law seems to infringe upon it, then there are Constitutional remedies.</li></ul>Read also: <a href="https://www.nepalitimes.com/opinion/nepal-has-press-freedom-but-no-freedom-after-press/" target="_blank" rel="noopener">Nepal has press freedom, but no freedom after press</a>, Shashank Shrestha