I travelled to the Maldives in August 2016 to conduct a training to journalists on media rights monitoring and advocacy. During my three-day stay in Male, I met with a few friends (bloggers, journalists and others). This blog is based on talks with friends.
The new Anti-defamation Act in the Maldives serves to silence instilling fear in the media community which can face huge fines and imprisonment if found guilty of defamation.
“… but after the law, I am not sure,” a blogger from the Maldives told me answering my questions about how long he would continue writing critically on the government. The law he was referring to was the Anti-Defamation and Freedom of Expression Act, passed by the Maldivian parliament on August 9, 2016, despite widespread criticism.
Every conversation with anyone who writes opinions on public issues – journalists or bloggers or social media users – the law was mentioned as a sword hanging over their heads. The new law is a direct threat to the freedom of opinion and expression for Maldivians, who now fear that they could be slapped with huge fines huge and jailed for their words published in the media or even on social media.
The Online Media Operation Directives 2016 is a serious threat to press freedom and freedom of expression online in Nepal as the newly approved directives goes against the core principles of democracy and free press.
The Government of Nepal, on June 14, approved the ‘Online Media Operation Directives – 2016 (Nepali PDF link)’ aimed to ‘make online journalism responsible, respected and bring it within the jurisdiction of Press Council of Nepal’. However, the document gives an overall impression that the motive behind the Directives is not to facilitate the development of the online media but rather the authoritarian style control over the online media, and criminalization of freedom of expression online.
Clause 21 of the Directives gives the state right to disrupt the website if a) online media is found operated without registration or annual renewal, b) materials deemed unpublishable is published or broadcast, and c) any act deemed against the Directives or applicable laws. Clause 6 also states that if the online media failed to renew annually, the service of the online media shall be obstructed according to the existing laws.
This empowers the state’s agency arbitrary power of censorship. The Department of Information is stated as the agency to the register and renew the online media ‘if the documents presented are found satisfactory after necessary verification’. The blocking of website that are deemed to be censored will then be blocked without judicial process on the decision of the Department.
The censorship provision is against the constitutional rights of the citizens; and a violation of the Constitution.
(This write-up is published in March 2016 issue of Samhita – a quarterly publication of Press Council Nepal – under title ”Media, codes and ethics’.)
It’s an undeniable fact that the quality of the contents and performance of the online media in Nepal has remained questionable despite tremendous growth in recent few years. As the establishment of online media doesn’t require a big investment as in other types of media, everyone seems to be jumping in – with a lot of journalists with experience in print and broadcasting media becoming online journalists. There is no official record of the number of online media in Nepal, but its safe to assume that at least a few dozens are operating.
It’s also undeniable fact that the future of news media in online. Online media will become the integral part of media landscape very soon and will probably overtake print and broadcasting media as the most-consumed media in a couple of decades in Nepal. In this scenario, the media stakeholders in Nepal – such as the Press Council of Nepal (PCN) and the Federation of Nepali Journalists (FNJ) – should look forward to facilitate the growth of the online media in a responsible ways to prevent chaos. There has been a lot of discussion and declarations globally to understand the online media and democratic regulations for it.
‘The Guardian of Democracy’ Nepali Congress concluded its 13th General Convention. The Convention will be remembered in future for two things: the victory of Sher Bahadur Deuba as the new President of the party and the loss of youth leader Gagan Thapa in the post of General Secretary.
The timing couldn’t be more perfect as it came just after launch of the IFJ’s 25th report on journalists and media staff killed which noted that at least 2,297 journalists and media staff have been killed since 1990, mostly for carrying out their professional responsibility and serving the public by providing the information. The report also notes that besides the high levels of violence on journalists, there is also rampant impunity with 90 percent of journalists murders, there is either little or no prosecution.
As IFJ President Jim Boumelha put it in the opening of the conference, the ‘media executives and journalists organisations need to work together to provide journalists with protection’.