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As the Media Council is related to the media outlets, its chair must come from among working journalists, not outside

After much criticism from all walks of life, including the media fraternity, civil society and human rights activists, the National Assembly Legislative Management Committee on Monday made major corrections on the punitive clause and adopted a fairly reconciliatory approach in the Media Council Bill, tabled by the Ministry of Communications and Information Technology at the Upper House last year. Earlier, the ministry had proposed a fine of up to Rs 1 million against journalists, editors and publishers breaching the code of conduct issued by the council. The provision was dubbed as a government ploy to curb freedom of expression, guaranteed by the constitution, which has clearly stated that no press shall be seized or penalised for publishing any materials against anyone. The Federation of Nepali Journalists (FNJ) had even launched phase-wise protests against the bill. The panel amended the bill by removing the punitive provision. As per the provision, the council shall work to forge reconciliation if any dispute arises between a media outlet and the affected persons or parties. The new clause has allowed an affected party to move the court for judicial remedy for damage to its reputation, prestige and dignity. Such a dispute shall be settled by a regular court.

In the amended provision, the 11-member Media Council shall act as an autonomous body, which shall have representation from the FNJ, seven representatives from the seven provinces representing the print, online and broadcast outlets and university teachers in journalism. The new provision has set qualification criteria, under which the council chair should be a person who is eligible to become a Supreme Court justice, or a senior lawyer or a journalist having at least 15 years of working experience with extraordinary contribution to the sector. The amended bill has also removed a clause for a recommendation committee to be formed by the government. From now onwards, a person pursuing journalism must sit for a council exam to get a journalism licence.

While the amended bill deserves praise for removing the punitive clause against mediapersons and publishers, the bill still has some impractical provisions that need improvement. The condition that the council chair must have the qualification of an apex court justice or a senior lawyer

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