Judicial Scrutiny of Press Freedom Authority Amidst Sidha-Kura Controversy
Every year, May 3 is celebrated as World Press Freedom Day, underscoring the essential role of the press in sustaining democracies and highlighting the challenges faced by journalists globally. This year, the day arrived amidst a heated debate in Nepal concerning the limits and liberties of press freedom, highlighted by the controversial case involving the online news portal
Sidhakura.
Sidhakura published a series titled “Dark Files” on 26 April, on alleged corrupt dealings involving Supreme Court justices and prominent media house leaders to dismiss over 400 corruption cases. After release of the first video, Press Council Nepal on the same day ordered the Sidhakura
to remove the content, labeling it fake and misleading, and asked a 24-hour explanation. The Sidhakura editorial board agreed to provide a 24-hour explanation but refused to take down the content.
Subsequently, the
Supreme Court initiated a suo moto contempt case against the publisher and editor of Sidhakura for defamatory content against a justice on 28 April. The court ordered them to appear with evidence to justify their reports and respond to the potential contempt charges, seeking maximum punishment on 29 April.
The news website complied by
removing the disputed content before the Supreme court’s deadline. The court has also ordered other media outlets not to publish or broadcast the content in question and tasked the Nepal Police with investigating the authenticity of the materials involved.
Following a Supreme Court order to halt the production, airing, or republishing of content related to an ongoing case until a final verdict, various journalist associations, including the Federation of Nepali Journalists (FNJ),
have expressed opposition. They argue that the order contradicts Article 19 of the Nepali Constitution, which ensures full press freedom and prohibits any pre-publication restrictions. The FNJ insists that such orders should not constrain press and editorial freedom as guaranteed by the constitution. They also point out that while citizens can pursue judicial recourse against media content, applying criminal law prematurely is inappropriate. The FNJ maintains that any resolution to media disputes must respect constitutional press freedoms and established norms of editorial independence.
Nepal Government Sets Conditional License Renewal for Ncell with Ownership Transfer
The Nepal government has stipulated
new terms for the renewal of Ncell’s telecommunications license, which is set to expire on 31 August. Following the decision made by the Council of Ministers on 16 February, Ncell’s license renewal hinges on a unique condition. The government will only renew the license if Ncell agrees that after five years, on 31 August 2029, the ownership of all its assets including land, buildings, machinery, and structures will be transferred to the government.
Additionally, Ncell is required to maintain the current share ownership structure without changes, as directed by the Cabinet meeting that instructed the Nepal Telecommunication Authority. The renewal will also involve a hefty fee of Rs 20 billion, in line with existing laws.
This decision has sparked controversy, with experts arguing that
it contradicts the Property Management Rules 2079, which regulate the management of property by telecom service providers whose licenses have not been renewed. Specifically, Rule 6 of these regulations states that the licensee cannot mortgage, sell, or transfer property at least three years before the license expires, with no restrictions prior to this period. However, the current government’s condition imposed for the upcoming renewal in 2080 prevents any sale or transfer of property and shares, marking a significant deviation from existing legal provisions.
Nepal to Establish Innovation Fund for Technological and Economic Development
Prime Minister Pushpa Kamal Dahal ‘Prachanda’ announced the establishment of an innovation fund aimed at supporting economic and social transformation through enhanced use of communications and information technology. Alongside the innovation fund, the government is also drafting legislation to support its creation and plans to set up a data center that utilizes Nepal’s electric power and geographic benefits to meet international standards and improve the technological infrastructure.
