Full text of the Ordinance Amending some of the Nepal Acts Related to Media, 2005
Whereas it is expedient to amend some of the Nepal Act related to media; and
As there is no session of parliament at present;
Be this ordinance enacted by His Majesty the King Gyanendra Bir Bikram Shah Dev in accordance with Article 72 of the Constitution of the Kingdom of Nepal, 1990.
1. Short Title and Commencement
1. (1) This ordinance is named ‘Ordinance amending some of the Nepal Act related to Media, 2005’.
2. (2) This ordinance shall come into force immediately.
2. Amendment in Radio Act 2014:
Proviso of Section 3 of Radio Act 2014 has been replaced with following proviso,
‘but any person obtaining license for operating telecommunication services in accordance with Telecommunication Act 2053 or any customer utilizing telecommunication services through that licensed person; or any person or organized institution with permission or license in accordance with National Broadcasting Act 2049 for broadcasting any program through satellite, cable or any other means; establishing frequency modulation broadcasting system for broadcasting educational, entertainment and informative programs; establishing satellite station for program broadcasting, or customers utilizing broadcast services through licensed person or institution is not required to obtain license in accordance with this Act for installing, using or making telecommunication or radio broadcasting equipments.’
3. Amendment in National News Agency Act, 2019:
National News Agency Act has been amended as follows:
1. Subsection ‘5(a)’ has been added after Subsection 5 of Section 30 as follows.
‘5(a)’: Anyone collecting or disseminating news violating Section 32 shall be fined up to Rs. 500,000.00
2. Subsection 2 of Section 32 has been replaced with following:
(2) News agencies pursuant to Subsection (1) can disseminate their news throughout kingdom of Nepal obtaining permission from His Majesty’s Government.
Provided that, there is no need to obtain permission from His Majesty’s Government for disseminating news to Agency.
4. Amendment in Press and Publication Act 2048
Press and Publication Act 2048 has been amended as follows:
1. (1) In Section 14
(a) The words "His Majesty’s" in clause ‘a’ has been replaced with "His Majesty’s and members of royal family"
(b) following ‘c(i)’ has been added after Clause (c)
‘c(i)’: ‘discouraging acts that are deemed criminal as per existing laws’
1. (2) In Subsection (1) of Section 16
(a) words "anything prohibited for publication pursuant to Section 14 and 15, news, information or any material, or" has been added
(b) Clause (d) has been replaced with following Clause (d)
‘(c)’: "Promoting or assisting Terrorist, terrorism and destructive activities"
(d) Clause (b) and (e) have been omitted.
(3) Words "fine up to Rs. 10,000.00" has been replaced with "fine up to Rs. 100,000.00" in Section 27
(4) Words "fine up to Rs. 5,000.00" from different places of Section 28 has been replaced with "fine up to 50,000.00"
(5) Words "fine up to Rs. 5,000.00" has been replaced with "fine up to 50,000.00" in Section 29
(6) Words "fine up to Rs. 5,000.00" has been replaced with "fine up to 50,000.00" in Section 30
5. Amendment in Press Council Act, 2048
In Clause (d) of Subsection (2) of Section (12) of Press council Act 2048, "or his Press Representative Certificate or Temporary Press Representative Certificate shall be cancelled" have been added after "complete prohibition".
6. Amendment in National Broadcasting Act 2049
Following amendments have been made in National Broadcasting Act 2049:
(1) "or Television" have been omitted from Clause (c) of Section (2)
(2) "news-based programs" have been replaced with "informative programs" in Section (5) and following explanation have been added.
Explanation: For this Section "informative programs" denotes any programs on health, education, population, environment, weather, road transportation or related with any development activities with an objective of promoting information and public awareness.
(3) Section 6(a) has been added after Section (6).
'6(a)': (1) Notwithstanding anything written in this Act or elsewhere in existing laws any person or organization will not be provided license or certificate of radio,
television and publication either at once or time by time.
(2) Notwithstanding anything written in this Act or elsewhere in existing laws, if any person or organisation has obtained license or certificate of radio, television and publication prior to commencement of this Section, such person or organisation has to opt for any two among radio, television and publication within a year from the commencement of this Section and the remaining third should be managed to broadcast or publish by separate person, institution or management.
(3) His Majesty's Government shall revoke the license of radio or television broadcasting if any person or organization with license or certificate for radio, television or publication does not opt for any two or do not make arrangement of separate person, organization or management for broadcasting or publication within the duration pursuant to Subsection (2).
(4) The words "institutions or joint venture with domestic or foreign person or" contained in Section 9 (1) are omitted.
(5) Following Section 11(a) has been added after Section 11.
'11(a)': Not to broadcast programmes from another place without permission: Any broadcasting institution shall not broadcast its' program simultaneously from other than one place without obtaining permission from His Majesty's Government.
(6) Section 15 has been replaced with following Section 15.
(15) Shall not Broadcast: No one shall broadcast any materials containing following matters:
a. Subject matters with negative effects to political parties.
b. offensive matters.
c. any matters with the objectives to revolt against government by using violence.
d. any matters creating unreasonable horror and terror in public.
e. any matters, which misinterpret, dishonor, humiliate or dominate to any cast, ethnicity, religion or culture.
f. any matters, which discriminate, dishonor, humiliate or dominate any caste on the basis of area of habitat.
g. any matters against to nonaligned foreign policy of Nepal.
h. any matters or material prohibited for publication pursuant to existing laws.
(7) "fine up to Rs. 10,000.00 " has been replaced with "fine up to Rs. 100,000.00" in Subsection (2) of the Section 17.
7. Amendment in Defamation Act, 2016:
Of the Defamation Act, 2016-
(1) The words "if published" have been replaced with "If published or broadcast" in Section 3.
(2) Section 5 is replaced with following Section 5.
'(5)': Punishment for defamation or defamatory broadcasting or publication:
(1) Anyone defaming any other person shall be liable for fine up to Rs. 50,000.00 and imprisonment up to one year.
(2) Notwithstanding anything contained in Sub-Section (1) anyone broadcasting or publishing any defamatory matter through any electronic or other means of mass communication deliberately, or with reasonable cause to believe the occurrence of defamation shall be fined with
Rs. 100,000.00 to Rs. 500,000.00 or up to 2 year imprisonment or both."
(3) The words "printed or inscribed" contained in several places of Section 6 have been replaced with "published or broadcast" and the words "fine up to Rs. 100.00" have been replaced with the words "fine up to Rs. 50,000.00 ".
(4) The words "fine from Rs. 100.00 to Rs. 500.00" have been replaced with "fine up to Rs. 50,000.00".
(5) The words "fine from Rs. 100.00 to Rs. 500.00" have been replaced with "fine up to Rs. 50,000.00".
(6) The words "fine from Rs. 500.00 to 5,000.00" have been replaced with "fine up to Rs. 50,000.00" and "fine from Rs. 100.00 to Rs. 1,000.00" is replaced with "fine up to Rs. 100,000.00".
(Unofficial translation of the Ordinance published in the Nepal Gazette on October 9, 2005)