The Supreme Court of Nepal handed down three months’ imprisonment each to Publisher Yubaraj Kandel and Executive Editor of an online news portal, sidhakura.com, Nabin Dhungana over a contempt of court case on September 29. Sidhakura.com is also fined Rs. 5000.
The extended full bench of the court issued the verdict on the case where journalists duo were facing contempt of court for publishing allegedly ‘fake’ news. The court order reads: Though the journalists stated that their intention was merely to publish and broadcast the content they received and not to commit the contempt of court, they failed to make a sincere apology.
The Supreme Court extended full bench comprising nine judges including the Chief Justice, however, issued the verdict that if the journalists confessed contempt of court and made an apology with written commitment of not repeating such an act, the punishment to them would be no more than a week’s imprisonment.
Earlier on April 26, 2024, news along with audio clip was published on the web portal claiming the alleged involvement of former Supreme Court justices and senior advocates on a dismissal of more than 400 corruption related cases in the court.
In the verdict on Sept 29, the court argued that the publication of the audio was not a case of mere recklessness but had a malafide intention. It tarnished the image of the judiciary and contributed to creating distrust in court, the judges asserted in the verdict.
On April 28, the court authority presented a report to the justice demanding action against the news portal for the attempt of contempt of court. In response to the report, SC ordered the online media to take down the published contents within 24 hours and not to republish till next decision on April 29.
Similarly, the Press Council Nepal had censured the online news portal to remove the content and appear before the Council for discussion and clarification.
After Supreme court’s order, the online removed all of its contents named under ‘The Dark File’ series publishing a statement for its readers on April 30. The Supreme Court had also issued order to the publisher and editor to present evidence to substantiate the news on May 2.
Meanwhile, the person providing an audio clip to the journalist has been awarded six months’ imprisonment.
“Media and its editor should be responsible for its published contents and the news received from any source should be subject to series of fact check and verifications before publication. Moreover, in case of any mistake immediate correction and apology is the duty of a responsible press”, noted Freedom Forum’s Executive Chief Taranath Dahal.
