ALIN Legislative News
From Kathmandu University School of Law
Nepal to Create
a New National Public Service Broadcasting Agency
On 08 October 2024, the President of Nepal gave assent to the Public
Service Broadcasting Bill passed by Nepal’s Federal Parliament with the aim of
creating a new public service broadcasting agency by merging the existing
state- owned radio and television networks into one broadcaster. The preamble
of the newly enacted statute- Public Service Broadcasting Act, 2081 (2024)
claims that the new Act was required to amend and consolidate the laws related
to public service broadcasting in order to establish and operate a competitive
and publicly accountable public service broadcasting agency for strengthening
inclusive democracy and bringing social and cultural awareness in the country
by guaranteeing the enjoyment of the fundamental rights enshrined in the
Constitution through the production and broadcast of neutral, unbiased,
fact-based and objective information, news and entertainment programs. The said
Bill was introduced to the upper house of the Parliament-National Assembly more
than four years ago.
Section 3 of the Act establishes a public service broadcasting agency in
order to make public broadcasting qualitative, reliable and effective. The head
office of the agency will be at Kathmandu, but the agency may establish offices
at other locations as per necessity. Sub-section (3) of Section 3 makes it
clear that the state-owned Nepal Television established under Communication
Corporations Act, 2028 (1971) and Radio Nepal established under Radio
Transmission Service Development Board (Formation) Order, 2041 (1984) will be
transformed into the public service broadcasting agency. Section 4 of the Act
grants the agency the legal status of an autonomous corporate body with
perpetual succession. Section 5 of the Act provides for a long list of
functions that are required to be performed by the agency. The functions of the
agency are mostly related to the types and nature of the programs that the
agency may, or is required to, produce and broadcast. In producing and
broadcasting television and radio programs, the public service broadcasting
agency needs to adopt the values and principles of human rights, gender
equality, proportional inclusion and the principles of social justice. However,
the Act does not explain what these values and principles are.
For the purpose of governance and management of the public service
broadcasting agency, the Act has provided for two different bodies-the Council
(Chapter 3 of the Act) and the Board of Directors (Chapter 4 of the Act). The
Council is headed by the Federal Minister or Minister of State for Information
and Communications and consists of other fourteen members including the
Secretary at the Ministry of Information and Communications, the Chairperson of
the Federation of Nepali Journalists, seven persons including at least three women
nominated by the Council from amongst the persons who have at least 7 years’
working experience in radio and television sectors and represent each province
and designated fields, two persons including at least one woman nominated by
the federal Ministry of Information and Communications from amongst the
audience and viewers groups formed under the Act, two professors or associate
professors of Journalism from recognized universities including at least one
woman nominated by the federal Ministry of Information and Communications, and
the Chairperson of the Board of Directors who will act as the Member-
Secretary. The Council will formulate the policies for the agency and issue
policy-level directives for the works to be carried out by the agency.
The Board of Directors consists of five directors including the
Chairperson appointed by the Government of Nepal on the recommendation of a
Recommendation Committee formed under the co-ordinatorship of the Chairperson
or a Member of the Public Service Commission. The Chairperson of the Board acts
as the chief executive of the agency. One director is appointed by the Ministry
from amongst the Gazetted First Class Officers working at the Ministry and the
remaining three are nominated by the Ministry on the basis of the principle of
inclusion from amongst the persons who have at least 7 years’ experience of
working in the fields of radio or television, including at least one woman, and
representing both the radio and television sectors. The Chief Administrative
Officer of the agency will act as secretary to the Board of Directors. The Act
also provides for the qualifications and disqualifications of the Directors and
the process of their removal from office before the expiry of their term (4
years), the decision-making process of the Board, and the functions, duties and
powers of the Board, its Chairperson and the Chief Administrative Officer
(Sections 9 to 18 of the Act).
Section 19 of the Act establishes a separate fund for the broadcasting
agency to enable it to perform its duties and functions in an effective manner.
The fund will have the amounts received from various sources including the
grant from the Government of Nepal, the grant received from the provincial and
local governments, the amount received from foreign governments or foreign
agencies or organizations, and the amounts earned by the public service
broadcasting agency. Although the Act requires the agency to obtain prior
approval of the Ministry of Finance of the Government of Nepal for receiving
any amount from foreign governments and organizations, it does not, however,
make it clear whether it is mandatory or discretionary for the federal,
provincial and local governments to contribute a grant amount to the said fund.
The other important provisions of the Act include the power of the agency
to form audience and viewer groups to collect necessary opinions, suggestions
and advice in regard to the programs and news transmitted or broadcast by the
agency, the requirement to give first priority to the public broadcasting
agency while allocating transmission/ broadcasting frequencies and the
obligation of the Government of Nepal to provide free of cost the frequencies
that are necessary for the public service broadcasting agency to expand its
broadcasting services to each and every corner of the country, the powers of
the Government of Nepal to issue directives to the agency on various matters
related to broadcasting, and the requirement to submit annual report to the
Government of Nepal.
Although some senior journalists working in mass media have celebrated the
enactment of the Public Service Broadcasting Act, 2081 (2024) as a milestone on
media development and lawmaking in this sector carrying much significance to
further development in media sector, some others have criticized it for
deviating from its original mission of creating an editorially independent
public service broadcaster, free from political interference. Concerns have
been raised over the planned governance structure, the appointment process for
key management positions, and the broadcaster’s future funding. Since the
council, which would govern and provide policies for the new agency, will be
led by the Minister for Communications and Information Technology with
representatives from federal and provincial governments, the council is likely
to have a negative impact on the editorial independence of the public
broadcaster. Suggestions were made that the council should be led either by the
chair of the thematic parliamentary committee or by one appointed by the head
of the state on the recommendation of an independent committee. However, the
Act has completely ignored this suggestion.
It seems that the Government of Nepal looked at other public service media
models such as the British Broadcasting Corporation to bring Radio Nepal and
Nepal Television under one umbrella and be funded by public money. However, it
remains to be seen whether the public service broadcasting agency remains
autonomous and is accountable to the people rather than the government by
prioritizing the voices of the people and not merely the voice of the state and
its machinery. The provisions of the Act do not, however, appear to be
conducive for the public broadcasting agency to remain autonomous and free from
political interference.