Nepal’s Press Under Siege: A Warning Sign for Emerging Democracies
A chilling trend is taking hold in Nepal: the increasing criminalization of journalism. What began with protests sparked by a government attempt to control online speech has escalated into a systematic erosion of press freedom, with potentially devastating consequences not just for Nepal, but for the future of democratic discourse globally. Recent data reveals a 23% increase in press freedom violations in the last year alone, signaling a dangerous shift towards silencing critical voices.
From Social Media Bans to Arrest Warrants: The Escalating Crisis
The immediate catalyst for unrest in Kathmandu earlier this month was the government’s ban on 26 social media sites, ostensibly for failing to comply with registration requirements. However, this action was widely perceived as a direct attack on freedom of expression, triggering widespread protests and ultimately the resignation of Prime Minister KP Sharma Oli. But the underlying issue runs far deeper. Journalists in Nepal have long faced intimidation, harassment, and legal challenges designed to stifle their reporting.
The case of Dil Bhusan Pathak, host of the YouTube show “Tough Talk,” exemplifies this troubling pattern. Pathak was issued an arrest warrant after questioning the alleged involvement of Jaiveer Singh Deuba, son of a former Prime Minister, in a controversial property deal. He was charged under Nepal’s Electronic Transactions Act – a law originally intended to address cybercrime – despite the Press Council Nepal being the appropriate body to handle complaints against journalists. While the High Court ultimately intervened, the attempt to arrest Pathak underscores a disturbing willingness to bypass due process and weaponize the legal system against the media.
The Misuse of Cybercrime Laws and the Weakening of Institutional Safeguards
Experts argue that the Nepali government is increasingly misusing cybercrime laws to silence journalists who dare to scrutinize powerful figures. “There is a big difference between the law related to cybercrime and media laws,” explains constitutional expert Bhimarjun Acharaya. “When a journalist makes a comment in their capacity as a journalist, media laws should apply, not cybercrime laws.” This blurring of lines creates a chilling effect, forcing journalists to self-censor for fear of legal repercussions.
Further compounding the problem is the structural weakness of the Press Council Nepal. While intended to be an autonomous body dedicated to journalistic ethics, it remains structurally subordinate to the government, limiting its ability to effectively protect press freedom. As BalaKrishna Adhikari, a member of the Press Council, admits, “We have to comply with some government orders.”
The Media Council Bill: A Looming Threat
The recently passed Media Council Bill, currently under review, raises serious concerns. Critics fear the bill will further weaken the Press Council and place it under even stricter government control, effectively turning it into a tool for censorship. Coupled with amendments to the Printing and Publication Act that initially sought to require online outlets to register with local authorities, these actions demonstrate a coordinated effort to tighten the government’s grip on the media landscape.
A Global Trend: The Shrinking Space for Independent Journalism
Nepal’s struggle is not unique. Across the globe, we are witnessing a worrying trend of declining press freedom. According to Reporters Without Borders’ 2024 Press Freedom Index, the situation is particularly dire in countries undergoing political transition or facing economic instability. The deliberate targeting of journalists, the misuse of legal frameworks, and the increasing prevalence of online harassment are all contributing to a climate of fear and self-censorship.
Nepal’s ranking has steadily declined in recent years, falling from 74th in 2024 to 90th in 2024. This decline coincides with a surge in press freedom violations, with security officials, political actors, and even local government officials increasingly implicated in harassment and intimidation. The Freedom Forum has documented a disturbing trend of local officials, such as ward chairpersons, pressuring journalists to suppress critical reporting.
The Normalization of Violence and Impunity
Perhaps the most alarming aspect of the situation in Nepal is the growing acceptance of violence against journalists. As Binod Dhungel, the Nepal correspondent for Reporters Without Borders, poignantly observes, “The idea that a journalist’s work is to get beaten and then write the news is becoming acceptable and naturalized. That is very hard.” The government’s reluctance to investigate and prosecute attacks on journalists perpetuates a culture of impunity, emboldening perpetrators and further eroding trust in the media.
Historically, Nepal has been a dangerous place for journalists, with 38 killed between 2002 and 2018. Recent incidents, including the death of Suresh Rajak during protests and injuries sustained by four journalists during recent unrest, serve as stark reminders of the risks they face.
The future of journalism in Nepal, and in many other emerging democracies, hangs in the balance. Without robust legal protections, independent institutions, and a genuine commitment to freedom of expression, the vital role of the press in holding power accountable will be severely compromised. What happens in Nepal is a bellwether – a warning sign that demands our attention and action. What steps will be taken to ensure that the voices of truth and accountability are not silenced?
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