This paper presents an analysis of recent developments in the field of censorship law in Nepal.

1. Siromani Dhungana
Lecturer (journalism and mass communication)
Tribhuvan University, Kathmandu
siromanidhungana@gmail.com | meshiromani@gmail.com
January, 2013

2. Getting Started
Constitutional Protection against Censorship
"No publication and broadcasting or printing of any news items,
editorial, article, writings or other readings, audio-visual
materials, by any means including electronic publication,
broadcasting and press, shall be censored…”
“Radio, television, online or any other types of digital or
electronic means, press or any other communication media
shall not be closed, seized or their registration be cancelled
because of publishing, broadcasting or printing any material by
such means of audio, audio-visual or electronic equipments…”
--Article 15, Interim Constitution of Nepal 2006

3. What is censorship?
Censorship in all its forms is often unjustifiable and is used
simply to stop truths or ideas emerge, which draw
attention to the powerful people or governments or
undermine ideology. This is inexcusable.
-Article 19
Censorship is “[the] policy of restricting the public
expression of ideas, opinions, conceptions, and impulses,
which are believed to have the capacity to undermine the
governing authority or the social and moral order which
authority considers itself bound to protect”
-Henry J. Abraham

4. Some more definitions of censorship
“The fact is that censorship always defeats its own purpose, for
it creates, in the end, the kind of society that is incapable of
exercising real discretion.”
- Henry Steele
“Censorship ends in logical completeness when nobody is
allowed to read any books except the books that nobody reads.”
- George Bernard Shaw
“Censorship in any form is the enemy of creativity, since it cuts
off the life blood of creativity: ideas.”
- Allan Jenkins
- “Censorship reflects a society's lack of confidence in itself. It is a
hallmark of an authoritarian regime.”
- Potter Stewart

5. Censorship can take many forms:
compulsory licensing schemes;
mandatory pre-publication review;
imposition of gag orders during the pendency of a legal
proceeding;
extraordinary taxes or fees;
Withdrawal of legal protection that would ordinarily be
granted to other businesses or citizens.
The threat of post-publication sanctions, such as criminal
fines or incarceration, can be as intimidating and crippling
to the ability of a news organization to operate as any
prior restraint.
(From: Media Law Hand Book Series published by United States Department of
States)

6. Types of censorship:
Political, religious, obscenity, and censorship
affecting academic freedom are all equal in their
destructiveness towards free speech. There are two
different forms that censorship takes--prior, which
refers to advance suppression and 'post facto' which is
suppression after publication.

7. Prior restraint
Prior restraint (also referred to as prior censorship or
pre-publication censorship) is censorship imposed,
usually by a government, on expression before the
expression actually takes place. An alternative is to
allow the expression to take place and to take
appropriate action afterward, if the expression is
found to violate the law, regulations, or other rules.

8. Once again in Nepal
Is the country least censored one?
Constitutionally, the country enjoys complete press
freedom. However, film censorship is still a great
problem in country. In Nepal, the state has established
a censor board which has the authority to scissor
scenes which it feels objectionable/harmful to the
society and the state. It even has the power to deny
certification to movies and impose a total ban on
movies if it finds them unsuitable for the state and
society.

9. Film censor in Nepal
Film Censor Board: (1) Government of Nepal may
constitute a Film Censor Board or committees as per
necessity to inquire whether or not it is appropriate to
grant license to exhibit any motion picture pursuant
to Section 8. Each board shall have a chairman and
members as nominated by Government of Nepal.
They shall assume their posts up to the period as
prescribed by the Government of Nepal.
- Motion Picture (Production, Exhibition and
Distribution) Act - 1969

10. Article 8 of Motion Picture Act
8. Censor of Motion Pictures:
(1) Any person who has obtained the license shall make an application to
the Film Censor Board in the format as prescribed before the
exhibition of any motion picture and the Board shall also censor such
motion picture and decide whether to give permission as per below :-
(a) To permit the said motion picture to exhibit publicly without
prescribing any condition.
(b) To permit to exhibit publicly subject to any alteration,
modification or abiding by any other conditions and restrictions.
(c) To permit prescribing the condition that the said motion picture
shall be exhibited publicly for the adults above the age of sixteen
years or
(d) Refuse permission to the motion picture for public exhibition.

11. Article 8…
(2) The Film Censor Board shall give reasonable opportunity to the
applicant to express his view prior to making the decision whether or
not the permission be given under clause (b), (c) or (d) of sub- section
(1).
(3) If any motion picture or any part thereof is found to spread aversion
or enmity or which may jeopardize the security, peace and order of
Nepal or harm the harmonious relation subsisting with the foreign
states or the peoples of various castes or tribes or which may cause
negative impact to the public interest or decent behavior or morality
or defame any person or contempt of court or incitement to any
offence, the Motion picture Censor Board shall not permit such
motion picture to exhibit. Provided that if the motion picture is not
found prejudicial to this sub-section after having altered or modified
any part of the motion picture, the Film Censor Board may grant
certificate to exhibit the motion picture.

12. Article 8…
(4) If Government of Nepal thinks that the motion
picture already permitted by the Film Censor Board
for exhibition may be prejudicial to sub-section (3),
Government of Nepal may, at any time, direct to stop
the exhibition of the motion picture or may order to
exhibit the same with alteration or modification as
deemed necessary.
(5) Any person who is aggrieved by any decision of the
Film Censor Board made under this Section may
appeal before Government of Nepal within thirty-five
days of such decision.

13. Film should be categorized
Instead of imposing ban on films, the government
should categorize them preserving rights of
children and other groups
Unless or otherwise the film directly harms the
society, the censor board should not impose ban
on films
The government should keep film censor board
out of political influence
An independent mechanism should be developed
to categorize films

14. Censorship during recent past
Censorship during 2001 emergency
 In November 2001, the government led by then Prime Minister
Sher Bahadur Deuba, imposed a state of emergency, introduced a
sweeping anti-terrorism ordinance, and called out the army to
counter the mounting threat posed by Maoist rebels. Each of these
actions had serious repercussions for the press in 2002.
 Under the state of emergency, in effect until 2002 August, press
freedom and other civil liberties were suspended. The anti-
terrorism ordinance -- formally known as the Terrorist and
Disruptive Activities (Control and Punishment) Ordinance and
commonly referred to as TADO -- allows for the arrest of anyone
in contact with or supportive of the rebels.
 More than 100 journalists were detained during 2002 under these
broad provisions, which remain in force. The government also
introduced reporting guidelines, banning anything that is likely to
create hatred against then Royal Nepal Army, police, and civil
servants, and lower their morale and dignity.

15. Censorship during King Gyanendra’s rule
Nepal's King Gyanendra followed suit in 2005, when he
assumed full power on February 1 and began censoring
hundreds of media outlets, especially the many independent
radio stations, and arresting truckloads of journalists.
Kathmandu was cut off from the rest of the world as
communication lines, including mobile, Internet, long distance
calls remained suspended for the second day.
Press censorship was imposed with the suspension of the right
to information and foreign news channels were off the cable
networks.
The king suspended several provisions of the Constitution,
including freedom of the press, speech and expression, peaceful
assembly, the right to privacy, and the right against preventive
detention, a statement from the royal palace said.

16. Toward Self censorship?
A total of 147 incidents of press freedom violation
occurred in Nepal during 2012.
-Freedom Forum
Nepali journalists are bound to work amid a spate of
attacks, threats, harassment and obstructions and
without physical safety and professional security. No
significant policy has been brought by the
government to encourage free press and create
environment for freedom of expression propelling
journalists to control themselves.

17. Impunity fueling self-censorship
35 journalists have been killed since the conflict
began in 1996, while three are still missing.
-Federation of Nepali Journalists
Due to emergence of armed outfit in various parts of
the country, self censorship has been common
phenomenon. The government is not committed to
take action against guilty in various anti-press
incidents.

18. Question of corporate pressure?
Another aspect of censorship is corporate censorship.
Big media corporation throughout the world try to
influence media by providing advertisement.
Reporters cannot write the information they acquire
due to corporate pressure. Reporters have started
feeling corporate pressure while writing news in
Nepali media industry.

19. In the end
“A free press can of course be good or bad, but most
certainly without freedom it will never be anything but
bad. … Freedom is nothing else but a chance to be better,
whereas enslavement is a certainty of the worse.”
-Albert Camus
“If the press is not free, if speech is not independent and
untrammeled, if the mind is shackled or made impotent
through fear, it makes no difference under what form of
government you live, you are a subject and not a citizen.”
-U.S. Sen. William E. Borah

20. Paper Presented at Madan Bhandari Memorial
College, Tribhuvan University, Kathmandu
Thanks to Amendra Pokhrel for assisting in preparation of this paper
Siromani Dhungana can be contacted at:
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