Department of Information and Broadcasting media regulatory authority has issued the Online Media Operation Regulation, 2017 (the “Media Regulation”) for the control, guidance, and regulation of registered online media which include registered online news portals, press, radio, and television.
In addition, the Code of Conduct for Journalists issued by the Press Council also regularizes the behavior of digital media.
As per the Media Regulation, Online media or digital media include method, process, or medium that produces, publishes, transmits, or disseminates message-oriented or thematic opinion, photo, audio visual by using sign, symbol, text, voice, graphics, song, music, video, animation and various multi-media through the internet, after having been established or registered pursuant to the prevalent law and adopting the journalism and editorial principles by using the technology based on the internet.
Online media includes any method, process, or medium of online journalism through the internet, however, the definition is not clear about the intermediaries such as WhatsApp, Viber, etc.
Department of Information and Broadcasting(“Department”)
Press Council
Any individual or entity operating online journalism or media is required to be registered by filing an application with the Department along with other required documents including a copy of the company registration certificate, articles of association, permanent account number, certificate of registration or renewal of domain registration, etc.
The registration should be renewed annually within three months from the end of each fiscal year.
Contents that are prohibited to be published or broadcasted as per Constitution and prevailing laws are prohibited in online media. Furthermore, any content contrary to the code of conduct for journalists such as those inciting violence, terrorism, and crime, mentioning an unrelated person’s name in news, violating a person’s privacy, etc. are prohibited. Online media is specifically required to verify the authenticity of any news or news materials or external links before publishing or broadcasting them via online media.
Journalists and media are also required to respect individuals’ right to privacy, protect confidential sources, and disseminate news by differentiating news, advertisements, views, etc. The contents published and broadcasted should be a factual and balanced opinion and decent language should be used to disseminate the same.
The online media house is fully responsible for any content that has been published or broadcasted in it. Furthermore, the responsibility for the comments and responses to any content in the online media lies with the concerned media. The online media should ensure that no vulgar, dishonest, or irrelevant comments have been posted on its platform.
If any international news or content being published or broadcasted from any foreign country is prohibited to be published or broadcasted under the Constitution or any prevailing laws of Nepal, Press Council may write to the concerned authority to stop the publication or broadcasting in Nepal of any such content.
The breach of regulations is subject to a warning, temporary suspension, or cancellation of the license of the journalist or the online media house depending upon the severity of the breach and the repetition of the breach. Furthermore, the violator may also be subjected to fines and imprisonment.
A.H.N. Legal holds expertise in representing parties in relation to various family-related issues.
Note: This write-up should not be considered an expert legal opinion. This has been drafted only for the purpose of a general understanding of the subject matter.
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