H.E. Tanka Prasad Dhakal
Ministry of Information & Communications
Singh Durbar
Kathmandu
Nepal

Fax: 977-1-422 17 29

Email: [email protected]

Vienna, 2 March 2005

Your Excellency,

The International Press Institute (IPI), the global network of editors, media executives and leading journalists in over 120 countries, is appalled to learn that the Ministry of Information and Communications (MoIC) has recently banned the media from publishing or broadcasting material that allegedly assists terrorist activities.

According to information provided to IPI, a notice issued by the MoIC on 1 March 2005 stated, “Publishing or broadcasting interviews, articles, news, information, reading materials, opinions or personal views that directly or indirectly instigate or support terrorist and disruptive activities is prohibited and liable to punishment by exercising the rights given by the Press and Publication Act and the National Broadcasting Act.”

Meanwhile, the Chief District Officer of Kathmandu summoned the editors of all the broadsheet national dailies to a meeting and informed them that they are only to publish news about the Maoist insurgents if it is issued by government security agencies.

In a related development, a February directive issued by the MoIC to FM radio stations has banned them from broadcasting any news – including opinions and commentaries – unless the security forces issue it. The directive could also have a serious impact on the financial security of the country’s FM radio stations.

IPI believes that such restrictions are a serious breach of the right to freedom of expression and press freedom protected by Articles 12 and 13 of Nepal’s Constitution, both of which have been suspended following the King’s declaration of an indefinite state of emergency on 1 February 2005.

Furthermore, IPI wishes to point out that limiting press freedom will not help the government’s fight against the Maoists.

As UN Secretary-General Kofi Annan, the then UN High Commissioner for Human Rights Mary Robinson, and UNESCO Director-General Koďchiro Matsuura noted in their statement on 3 May 2002, “press freedom and free speech [are] positive goods in themselves and [the] means through which the fight against terrorism may be waged. The greatest service that the media can perform in the fight against terrorism is to act freely, independently and responsibly.”

“A responsible press,” the statement goes on to say, “is a self-regulated press. The temptation to impose drastic state regulation upon the media must be resisted.”

Bearing in mind these comments, IPI urges Your Excellency to revoke any legal restrictions aimed at controlling the practice of journalism and obstructing the principle of the right “to seek, receive and impart information and ideas of all kinds, regardless of frontiers,” as provided by Article 19 of the UN International Covenant of Civil and Political Rights (CCPR), which is binding on Nepal.

We thank you for your attention.

Johann P. Fritz
Director