“Strong and collective movement is essential to protect civic space which is shrinking day by day“, voiced participants univocally at a program Freedom Forum organized in the federal capital on June 30, 2025.

It was what the participants concluded at the workshop FF organized with the support of Ministry of Communications and Information Technology. The event titled ‘Status of Freedom of Expression and Press Freedom and Way Forward’ secured the participation of representatives from diverse sectors spanning government, civil society, media, academia and law.

Freedom Forum’s Executive Chief Taranath Dahal welcomed all the participants and shed light on the objective of the program. He said, “Periodic discussion on the rights provided by the constitution and existing national and international laws is necessary. Right to freedom of expression and freedom of opinion, the fundamental rights guaranteed by our constitution and international human rights instrument, needs respect and be enforced effectively.” Major objective of the program was to analyse whether the laws and policies governing freedom of expression align with the constitution and Nepal’s commitments in the international arena.

He urged policymakers to review the Media Council Bill, the Information Technology and Cyber Security Bill currently under consideration in the federal parliament, as they, he argued, contain provisions that restrict press freedom and freedom of expression. He expressed whether the recent activism of judicial bodies, which are defenders of press freedom and freedom of expression, were favorable to FoE and press freedom. “Misuse of court to suppress press freedom and free expression is alarming. Freedom activists must not be afraid of the courts at all,” he underscored.

The discussion was held at a time when attacks on media and free speech practitioners is increasing in the recent days. FF is worried about current scenario and outcomes of the discussion is expected to be helpful to sensitize the diverse community and make them aware of scope of freedom of expression (FoE) and press freedom.

Following Dahal’s welcome remarks, FF General Secretary and advocate Sanjeeb Ghimire shared his comprehensive presentation on legal frameworks for media and FoE in Nepal. In his presentation, Mr Ghimire highlighted major objectives of different laws, policies and draft bills regulating FoE, concerning issues on the bills and suggestions for their improvement. He reminded that the constitution has a provision that new laws with reasonable restrictions and without stifling fundamental rights could be drafted. But, currently drafted laws were less participatory and more control oriented, thereby going against the international frameworks of UDHR and ICCPR, to which Nepal is also a state party.

He also stressed on the need for an umbrella operational/framework law that governs division of  authority among three tiers of government- federal, provincial and local. He specifically highlighted problematic provisions on National Broadcasting Act 2049, National Criminal Code 2074, Online Media Operation Directive, Social Media Directive 2080, Electronic Transaction Act 2008 Section 47, Film Act 2081, Social Media Bill, Media Council Bill, etc. He compared the provisions in these laws with Nepal’s constitution and international instruments.

Through his analysis, he made following suggestions:

  • Draft a framework law as mentioned in the constitution’s schedule
  • Ensure that laws being drafted on free expression and press freedom align with Nepal’s international commitments on FoE, and amend existing laws accordingly.
  • Draft an umbrella law on Communications and repeal outdated laws
  • Guarantee freedom of expression and press freedom both online and offline platforms.
  • Develop a system based on principles of self-regulation, editorial independence, autonomy, and pluralism.
  • Ensure that media and communications are subject matter of federal level, province and local governments and should be facilitators.
  • Formulate laws that protect and promote artistic expression.
  • Speed up the drafting of a law related to contempt of court.

Following Ghimire’s presentation, the floor was opened for discussion.

Starting the discussion, expert and civic society and freedoms, Mr Pranav Bhattarai, said that all the rights related to freedom of expression are also connected to civic space. Media, civil society organizations, advocates and academia are the components of civil society. To make democracy functional in present context, vibrant advocacy of cso and media, multi-stakeholders is essential, he underlined.

Filmmaker and director Mr Manoj Pandit informed the problematic provisions in the proposed Film Act 2081. The lawmaker’s perception on filmmaking is discouraging, he said, government’s attempt to impose moral lessons on filmmakers rather than ensuring rights to artistic freedom draws concern. The act should be revised, Pandit suggested.

Devi Khadka, General Secretary of NGO Federation Nepal, also expressed concern over shrinking civic space in Nepal due to various reasons. As this space is increasingly facing hostility, the freedom of expression, one of the core agendas of civil society remains under threat. CSOs should be protected in Nepal, she stressed.

An officer from the Parliament’s Legislation Division, Ms Saraswati Rijal, shared that such programs are important to sensitize the government officials. She, with her involvement in the lawmaking process, found the program very effective  and insightful.

Senior journalist and columnist Ms Namrata Sharma said, “Democracy faces problems if media are not free and journalists forced to work in fear.”

Similarly, senior journalist and rights activist, Mr Rajan Kuikel, expressed concern over increasing encroachment of not only of physical spaces for exercise of freedom of peaceful assembly and expression but also virtual spaces. Hence, collective effort is must be continued, he marked.

Tech journalist Anujraj Dhungel drew attention of the participants towards current issue of freedom on virtual platforms which is massively used by the new generations. Lawmakers should also address their rights as technology and freedom evolve side by side.

Seconding to journalist Dhungel, Executive Chief Dahal reminded that though it was said that ETA would be replaced by the new drafted laws, Section 47 of the ETA was included into Social Media Bill, which is worrying. Moreover, the Film Act is not only about filmmakers and making movies, it will also govern video contents posted on social media platforms, he informed.

Journalist Mr Krishna Sapkota added that political and bureaucratic powers are often misused to suppress freedom of expression through restrictive laws.

Member of Press Council Nepal, a media regulatory body, Mr Nakul Aryal, expressed commitment that the Council will correct its flaws and always support the movement for protection and promotion of press freedom in future.

Recalling recent incident of the Court’s order to take down the contents published on news portal Nepalkhabar.com, editor Mr Kuber Chalise, stated that though the court later dismissed the complaint filed against published news, intent of the judicial body is what matters. Had it been published on print version, they would not have asked to remove the content, he claimed.

Professor at Kathmandu University, Dr. Sudhamshu Dahal, said the current IT and Cybersecurity Bill must be reconsidered because IT and cybersecurity are completely different topics. They should be addressed separately. Moreover, newly drafted laws should also accommodate the needs and realities of Gen Z and Gen Alpha users.

Moreover, civil society expert Dr. Nirmal Rijal stressed that with the advent of technology and evolving Artificial Intelligence market, we have no choice but to continue advocacy for safer digital world.

Seconding to Dr. Rijal, Executive Chief Dahal said the platform accountability is a serious issue but due to less understanding, laws are being drafted in a more controlled manner.

Senior advocate Dr. Dinesh Tripathi claimed that while our constitution is liberal, implementing organizations are  of intimidating nature. Democracy is about the right to speak and express ourselves and right to dissent, he reminded.

Joint Secretary at the National Human Rights Commission, Mr Yagya Prasad Adhikari, reiterated that freedom of expression is a fundamental human right and being state party to UDHR and ICCPR, none has right to suppress freedom of expression and speech. The nation is strong only when its citizens are able to exercise their rights freely and fearlessly. He also informed the participants about NHRC’s unique mechanism for protection of freedom of expression at central as well as at province levels.

Vice-Chair at Federation of Nepali Journalists Umid Bagchand expressed worry about current situation where media and journalists are being threatened. “Activism of court in recent days has drawn serious attention in terms of media freedom,” he added.

Lastly, concluding the session, FF Chairperson Hari Binod Adhikari said respecting one another’s freedoms while exercising own rights help foster better atmosphere for exercising rights and freedoms. “FF is always committed to the cause of democracy and the protection of civic freedoms. We are ready to cooperate with Information Ministry to generate knowledge and advocate for reform in FoE and media laws and policies,” he reminded.

The program was attended by 48 participants including 18 female participants.