In an official release, IFJ and its affiliates Federation of Nepali Journalists (FNJ) and the Nepal Press Union (NPU) raised serious concerns stating that the new Act has some restrictive provisions and urged for immediate amendments to the same.

“Nepal’s new Criminal Codes Act 2018 curtails freedom of expression and the press. Some provisions of the Act, especially Sections 293 to 308 relating to privacy and defamation, are restrictive to the press freedom and criminalize expression,” reads an IFJ release.

IFJ pointed at few Sections of Nepal’s Criminal Code 2018 in its release, which include:

• Section 293, which doesn’t allow listening or recording conversations without consent
• Section 294, which prohibits publicizing private information without consent
• Section 295, which disallows capturing photos without consent
• Section 296, which disagrees with selling or publishing photos for commercial purpose without permission of the subject covered in the photographs
• Section 298, which is against receiving/sending or publishing unauthorized information on an electronic medium
• Section 305, which condemns slander
• Section 306, which is against acts including those in satirical ways.

The new Code considers violation of rules under aforementioned sections as punishable offense subjecting the convict to 1-3 years imprisonment and Rs 10,000-30,000 (USD 100-300) penalty.

In this regard, IFJ supports the Nepali journalists’ unions such as Federation of Nepali Journalists (FNJ) and Nepal Press Union (NPU) who have been raising similar concerns since the day the Act was brought to implementation on August 17, 2018.

IFJ expresses serious concerns over the restrictive provisions of the Criminal Codes Act of Nepal; and demands immediate amendments to ensure they adhere to the international standards and principles of freedom of expression and press freedom. At the time when Nepali media and journalists are facing security threats, such provisions will be misused to harass journalists and media; and obstruct independent as well as investigative journalism  –  IFJ Official Release

The new code put forth by the Oli-led Nepali Government came as a replacement to the country’s 15 existing laws and 55-year-old civil & criminal laws.

What FNJ Says?
More than 80 journalists faced criminal cases and harassment due to one provision in the Electronic Transaction Act for their news. The new Act has dozens of such provisions that criminalizes written or spoken expression; and journalists face imprisonment up to three years for merely writing news. This is against the international standards and principles of press freedom; as well as the Constitution of Nepal.  – Govinda Acharya, President, FNJ

The NPU condemns the Act with provisions that restrict journalists to report, write and take photograph. Such restrictions are against the democratic norms and values; and indicate towards authoritarianism. The NPU demands immediate amendment in the unacceptable provisions of the law. – Badri Sigdel, President, NPU

Taking their move ahead, FNJ has also announced a nation-wide agitation from August 28 to September 7, 2018.

Also Read:

• New Law to Check Transparency in NGO Activities
• Nepal Criminal Code Draws Criticism, ‘Press Freedom’ Plays Vital
• Nepal Criminal Code Sought for Fight Against Rape Victims
• Nepal Civil Code and Criminal Code Acts to Ensure Justice

The post Nepal Criminal Code 2018: IFJ Serious, Calls ‘Criminalizing Press Freedom’ appeared first on Nepali Sansar.

Enforcement of the new code gave rise to another section of audience i.e. social activists who started demanding harsh #FightAgainstRape convicts of the country.

The country’s famous #RageAgainstRape movement rose to fame again as the activists resumed their protests on social media and offline platforms against #rapeconvicts.

Their demands including capital punishment are gaining momentum in the light of the new code and are coming at a time there is a reported rise in number of rape cases across the country.

Alarming Scenario
According to the #NepaliPolice, the country witnessed around 1,480 rape and 727 related attempt cases during the 2017-18 period, equaling to around four cases a day.

Activists feel that many such cases go unreported with victims being subjected to pressure at their homes and at the fear of being excluded by the community.

“If the victims were supported by the society and family members, there would be more cases reported and many rapists languishing behind the bars,” says Mohna Ansari, a member of the National Human Rights Commission (NHRC).

Nepali Police Department agrees to NHRC statement.

“Family members should support the victim even if their relatives are culprit. The victim will be able to recover mentally when the culprit is locked behind the bars,” says Shailesh Thapa, Senior Superintendent of Police.

New Code and Enforcement
While the new code, effective from August 17, 2018, extended the maximum sentencing period of a rape victim from 15 to 20 years, activists feel that this wouldn’t be sufficient and urge for capital punishment.

Senior Advocate and Women’s Rights Activist Anita Sapkota Chapagain agrees that the new law has strict rules, but capital punishment should be introduced to curb such criminal activities.

“Many victims don’t file cases because they are not sure if the authorities will take action against the culprit,” says another Advocate Meera Dhungana while urging the government to enforce more strict laws.

As per the new code:

• Any rape case against a victim of 10 years of age will have the convict subjected to 16-20 years punishment
• 14-16 years punishment, in case of a victim of 10-14-years-old
• 12-14 years punishment, in case of a victim of 14-16-years-old
• 10-12 years punishment, in case of a victim of 16-18-years-old
• 7-10 years punishment, in case of a victim of above 18-years-old

Hope the new law would strive its best in handling the growing menace of rape cases, either by adding more stringent measures or by accepting activists’ demands for imposing capital punishment.

Also Read:

• New Law to Check Transparency in NGO Activities
• Nepal Criminal Code Draws Criticism, ‘Press Freedom’ Plays Vital
• Nepal Civil Code and Criminal Code Acts to Ensure Justice

The post Nepal Criminal Code Sought for Fight Against Rape Victims appeared first on Nepali Sansar.

Oli Government’s new Criminal Code seems to have started spreading heat waves across the country. As usual, the heat began with the ‘media’ pointing at the new law!

Nepal’s media community has reportedly raised concerns over the new law saying that the new criminal code is suppressing the press freedom.

Press associations have claimed that the government is using the ‘code’ as a tool to silence critics.

Journos Take on Criminal Code

“These general laws can be misused to silence journalists and discourage investigative reporting,” says Govinda Acharya, President, Federation of Nepalese Journalists.

According to Acharya, the new codes have nearly 200 provisions to curtail the press freedom.

“Though several provisions in these codes are positive, almost all sections from 21 to 306 will pose a threat to free press and freedom of expression in one way or the other,” Acharya adds.

Whereas, Press Council Nepal President Borna Bahadur Karki says, “the provisions against press freedom can be amended accordingly, but it is not appropriate to interpret the laws wrongly.”

Meanwhile, Nepal’s popular political cartoonist Rajesh K.C. termed the new law as a means to ‘authoritarianism’.

“Our work is to point out mistakes and abuses of those in power, but these laws can force self-censorship,” says Rajesh, who is known for his satirical cartoons on social issues and country’s politics.

Another premier state-owned media house urged the government to reconsider the law, stating that the new law has lot of scope for interpretations and could be used to prosecute journalists.

“These general laws can be misused to silence journalists and discourage investigative reporting,” says a senior advocate Dinesh Tripathi. Tripathi feels that the new laws placed press freedom at stake.

Badri Sigdel, president of Nepal Press Union (NPU), says the new code is violating the Constitutional provisions and is keen on controlling the press rights. 

Thrashing all statements, Senior Superintendent of Police Thakur Gyawali at the Central Investigation Bureau of Nepal Police says, “Since the new laws have come into force upon their publication in the Nepal Gazette, all should abide by the provisions mentioned therein.”

“Whether or not the laws are against press freedom will come to light in the course of their implementation,” adds Superintendent of Police Narendra Upreti at Kathmandu Metropolitan Police Crime Division.

What’s Criticism in the Code?
The new code has drawn wide criticism majorly for following reasons, i.e.

• It considers sharing confidential information as a jailable offense
• It subjects any individual, involved in publishing of private information or recording audio or capturing pictures without permission, up to three years jail along with a fine
• It considers as an offense any act that intends to damage an individual’s reputation either personally or through satires
• It replaces the country’s 165-year-old practice of ‘Muluki Ain’
• It calls for prosecution of any medical professional causing a patient’s death while undertaking treatment
• It calls ‘unauthorized reporting of communication between two people’ as a serious crime

Now, its worth-wait to see what more mixed reactions the new Criminal Code would drive from other sections of the society too!

Also Read

• Nepal Civil Code and Criminal Code Acts to Ensure Justice

The post Nepal Criminal Code Draws Criticism, ‘Press Freedom’ Plays Vital appeared first on Nepali Sansar.