A free and responsible press

People’s trust in the media is fast declining, if not hitting the rock bottom, already. As a professional journalist with no political affiliation, I have spent two decades in this field, witnessing both highs and lows of Nepali media industry. In the early years of my career, the media was all flourishing: newspaper circulation was rising, radio and television were booming, and college classrooms were filled with enthusiastic media students. Now, the trend has sharply reversed. 

The current state of Nepali media bears some superficial resemblance to American media from 1900 to the 1940s. During that period, US newspapers were characterized by partisan, sensationalism, public criticisms over media performances, abuse of media power and growing concerns about the media’s negative impact on democracy. In response to these issues, American educator Robert Hutchins was appointed to lead a blue-ribbon panel to study the challenges facing US media. 

This piece broadly explores the current crisis of credibility in the media, the government’s attempt to control the press and what a wise and transparent approach to media regulation should look like. We must openly acknowledge that public trust in us is eroding due to a multitude of factors.

Only by first admitting this can we begin to rebuild the trust. At the heart of the media’s current crisis lies a widespread violation of journalistic ethics. Financial struggles are already a serious concern. But if journalists commit to upholding ethical standards, public criticism can at least be reduced, if not entirely silenced. 

It is not only digital platforms which are flouting journalistic codes of conduct. Traditional media, which pride themselves on being part of the mainstream, are also flagrantly violating ethical norms, further fueling public distrust. The erosion of confidence in media is not unique to Nepal; it is a global trend that began in the early 2000s and it continues to deepen. A recent report by the Reuters Institute revealed that only 40 percent of people trust the media. The silver lining, however, is that this figure has not declined over the past few years.

 In fact, trust in news has remained stable for the third consecutive year, even though it is still four percentage points lower than it was at the height of the COVID-19 pandemic. Nevertheless, public trust in the media continues to erode gradually. For instance, in recent years, the Commission for the Investigation of Abuse of Authority(CIAA) has filed cases against more than half a dozen journalists, alongside government officials, for their alleged involvement in corruption and irregularities. Meanwhile, people are struggling to distinguish between news, views and advertisement and paid content.   

Another problem is the structural weakness of Nepali media houses. The ongoing economic crisis is forcing many media outlets to carry out mass layoffs, severely weakening newsrooms. This has not only affected field-based reporting but also undermined the gate-keeping—selecting, filtering and refining the news before it reaches the public. As a result, ordinary citizens are increasingly questioning the accuracy, balance and credibility of the news they consume.

One of the most corrosive issues in Nepali journalism today is the political affiliation of journalists. Many spend more time on social media than in the newsroom, either defending their preferred political parties or attacking their rivals. The level of political alignment among journalists has reached an alarming level. People no longer trust content produced by those who openly align with political parties and shape their social media presence accordingly. Journalism is being misused as a stepping stone for political appointments or personal financial gains. 

Professional journalists are facing pressure not just from political actors but from their own colleagues affiliated with political parties or power centers. If a journalist publishes critical news about these parties or centers, affiliated colleagues often retaliate by undermining or attacking the former. Journalists who maintain independence are finding it increasingly difficult to survive in such a hostile environment.

Another growing problem is the media’s overreliance on social media content, due in large part to the decline in field reporting. This has led to a troubling trend: journalists often use unverified social media posts as the basis for news stories. Recently, a prominent journalist published a report based on rumors circulating online. 

Although filing a cybercrime case against him was unjustified, the video content he produced was clearly problematic and damaged the credibility of the media outlet involved. Those in power are now using such incidents as a pretext to clamp down on the media. Several news stories based on unchecked social media information have sparked controversy. Even worse, there is a growing reluctance among media houses to acknowledge mistakes or issue timely corrections.  

Due to these ethical lapses, all three branches of the state—the executive, legislature and the judiciary—believe that the media should be tightly regulated. The problem is further complicated by the inability of the politicians to distinguish between professional news content and personal social media posts. On that basis, they are attempting to suppress independent journalism, especially as it continues to expose corruption and irregularities. With corruption at an all-time high and politicians and government officials implicated, the media has effectively become their enemy.

Every draft of media-related laws introduced by successive governments directly contravenes the international treaties and convention to which Nepal is a party, and also violates the constitutional guarantee of freedom of speech and expression. There is now rhetoric within the parliament in favor of restricting the media, while the executive branch is employing various means to jail journalists. The judiciary, once considered a last resort for journalists seeking justice, is letting journalists down, more often than not.

The judiciary plays a vital role in safeguarding freedom of speech, expression and the press by checking the executive’s attempts to impose suppressive laws. Historically, Nepal’s judiciary upheld these principles, from the Panchayat era to King Gyanendra’s direct rule. Unfortunately, the current reality is quite the opposite. 

The judiciary has become more restrictive toward press freedom, emboldening those who wish to curtail it. Courts are now misusing the contempt of court provision to harass journalists and even issuing orders to remove published news content in a clear violation of constitutional norms. 

The media fraternity itself is partly to blame for this situation, having failed to support the enactment of a clear and fair contempt of court law. It is ironic that during times of autocracy, Nepali media stood firmly in defense of press freedom, but in the republican era, that commitment appears to be wavering. A close examination of recent bills related to the media, social media and information technology reveals that the government’s aim is control, not regulation. These efforts undermine the principles of responsible journalism and the social responsibilities of the media. 

As I conclude this piece, I return to the Hutchins Commission report of 1947. To address media shortcomings, the US did not control the press, doing so would have violated the First Amendment, which explicitly states, “Congress shall make no law, abridging the freedom of the press.” Instead, the focus was placed on promoting ethical standards and media accountability. In our context, any attempts to control the media would violate the 2015 constitution and international treaties and conventions to which Nepal is a party. 

Those in power must understand that ethical reform is a far more effective tool than legal coercion for addressing shortcomings of the media. At the same time, collaboration between private media, academic institutions and the government can help find solutions. If necessary, a powerful commission similar to Hutchins Commission can be formed. The state can take a range of non-intrusive measures to promote ethical standards without interfering in press freedom.

The executive, the judiciary and the legislature must urgently abandon their current restrictive mindset. Attempts to control the media will not resolve its shortcomings; it will make the matter worse. We in the media must also recognize that public criticism of our work is both real and justified, and we must act responsibly.