Killing

• Murdered or missing and assumed dead, with evidence that the motive was retribution for news coverage or commentary.
  
• Accidental death of journalists in the line of duty
  
• Targeted personally or may have died of acts of war, attacks or violent incidents
  
• Journalists who died in the course of their work because of their profession or for their opinions

Missing/Disappearance

• No group or government agency takes responsibility for the missing journalists, disappearances in some instances, feared dead
  
• Every reason to believe that the disappearance was linked to their jobs or opinions
  Threaten
  
• Hazard with physical harm or other type of revenge
  
• Victims of any direct or indirect threat
  
• Personal or collective threat by the state, political parties, armed groups or religious communities and any autonomous threat
  
• Intended to harm or hamper the free exercise of the job

Harassment

• Access denied or limited
  
• Materials confiscated or damaged
  
• Entry or exit denied
  
• Family members attacked or threatened
  
• Dismissed or demoted whether by political or any other pressure
  
• Freedom of movement obstructed

Torture

• Subjected to extreme and deliberate moral or physical suffering because of their opinions or their professional activities

Imprisonment and Jail

• Arrested by the police or held in police stations or any other place of detention for more than 48 hours
  
• All cases of legal or arbitrary imprisonment, provisional detention or house arrest

Attack

• Journalist physically attacked, wounded or assaulted, ill-treated, beaten or injured during their job
  
• Damaged, raided or searched; non-journalist employees attacked because of news coverage or commentary
  
• Family members hurt with the sole intention of harming the journalist

Administrative Action

• Political sanctions such as job transfers, promotion, sacking, suspension and taking journalist off the air especially those working for state media
  
• Economic and administrative pressure on the media such as quotas, threats to withdraw advertising, tax inspections and attempts at corruption or political control

Censor and Obstacles to Free Flow of Information

• Officially suppressed or publishing bans and temporary suspension of newspapers
  
• Seizure of copies of newspapers and editions confiscated
  
• Confiscation of notes, audio and video tapes, films or any other information medium
  
• Criminal attacks on newspaper companies, wholesalers, distributors and printers

Legal Action

• Credential denied or suspended
  
• Fined and sentenced to prison
  
• Passage of a restrictive law
  
• Defamation suit intended to restrain coverage
  
• Libeled to seek legal redress for information that has appeared in newspaper
  
• Politically motivated or when the suit is flagrantly iniquitous

National and International Legal Provisions

After the restoration of Democracy, the Constitution of the kingdom of Nepal, 1990 guaranteed the press freedom and freedom of expression, right to information and other fundamental human fights of the people. The press is recognized as a fourth organ of the state and has prohibited any kind of censorship against media. The Nepalese parliament passed the Press and Publications Regulation, Working Journalists Act and its regulation for the welfare of the journalists and media as well as protection and promotion of press freedom and a safety of the journalists. The government has ratified several international human rights instruments including Universal Declaration of Human Rights (UDHR) and International Covenant on Civil and Political Rights (ICCPR) that guarantees freedom of expression of the people.

It is fact that the media workers are facing problems while practicing their profession and to carry our impartial news reports. Despite guarantee of their freedom by the Country’s constitution and international human rights instruments, there still are some legal provisions such as Public Security Act State, Offence against Crime and Punishment Act and Arms and Ammunitions (amendment) Act that are active and are often used to harass journalists and media workers. Some important and related provisions of national and international laws are as follows;

Protecting Measures

The Constitution of Kingdom of Nepal – 1990
Right to Freedom (Article 12)

1. No person shall be deprived of his or her personal liberty save in accordance with law and no law shall be made which provides for capital punishment.
   
2. All citizens has the following freedoms
   
   1. Freedom of thought and expression Freedom to assemble peacefully without arms.
      
   2. Freedom to move and resides in any part of Nepal and
      
   3. Freedom to choose any profession, occupation, trade or to start any industry.
      But nothing mentioned in sub-clause (a) shall prevent the marking of laws to impose reasonable restrictions on any act, which undermines the sovereignty and integrity of the Kingdom of Nepal or which disturb the harmonious relations subsisting among the people of different castes or communities, or any act of sedition or defamation or contempt of court or the instigation of crime or any act against public morality.

Press and Public Right (Article 13)

1. No news item, article or any other reading material shall be censored.
   But nothing shall prevent the making of laws to restrict any act which tend to undermine the sovereignty and integrity of the Kingdom of Nepal or disturb the harmonious relations subsisting among the people of different caste or clashes or communities, or any act of sedition or defamation or contempt of court or instigation of crime, or any act against decent public behavior or morality .No press shall be closed or seized for printing any news item article or any reading material.
   
2. The registration of Newspaper or periodical shall not be cancelled merely for publishing any news article or any reading material.

Right to Information (Article 16)

Every citizen shall have the right to demand and receive information on any matter of public importance.
Notwithstanding anything provided for in this Article, no person shall be compelled to provide information on matters that need to secret according to law.

Right to Privacy (Article 22)

The person, house, property, documents, correspondence or information belonging to any person are inviolable, except in conditions specified below.

Press and Publication Act-1991
No pre-censorship (section 12)

Except in cases mentioned in Section 14 and 15, no pre censorship shall be imposed on the publication of any news, article or any reading material newspaper.

No Cancellation Registration (section 13)

The registration of a newspaper registered pursuant to section 7, shall not be cancelled on grounds of publishing any news article or reading material in it.

Civil Rights Act- 1955
Section 6. Right pertaining to freedom of speech etc

Subject to the provisions made in the existing or trade law all citizens shall have the following rights.

1. Freedom of Speech and publication
   
2. Right to adopt any occupation, wage, earning and industry

Universal Declaration of Human Rights (UDHR)-1948(Article 19)

Everyone has the right to freedom of opinion and expression: this right includes freedom to hold opinions without interference and to seek receive and impart information and ideas through any media and regardless of frontiers.

International Convention on Civil and Political Rights (ICCPR)-1966 (Article 19)

1. Everyone shall have the right to hold opinions without interference.
   
2. Everyone shall have the right to FOE: this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art or through any other media of choice.
   
3. The exercise of the rights provide for in paragraph 2 of this article carries with it special duties and responsibilities, IT may therefore be subject to certain restrictions, but these shall be such as are provided by law and are necessary.
   
   1. For respect of the right or reputations of others.
      
   2. For the protection of national security or of public order or of public health or morals.

Obstacles

With the enforcement of several protecting laws, the press freedom and freedom of expression is curtailed practicing by the state. Some Journalists are facing fake charges based on these laws and the state sometimes creates obstacles to the journalists for free and fair news coverage. Some legal provisions are as follows that limit journalist right to press freedom and freedom of expression.

Press and Publication Act – 1991
Prohibitions for Publications (Section 14)

The following matters are prohibited for publications in any book or newspaper.

1. Acts causing hatred or disrespect or ignominy or inciting malice against His Majesty or Royal Family or causing harm to the dignity of His Majesty.
   
2. Acts impairing the integrity and sovereignty of the nation.
   
3. Acts causing breach of the security peace and order of the Kingdom of Nepal.
   
4. Acts causing enmity and communal hatred among persons belonging to various races, ethnic groups, religious, areas or communities.
   
5. Acts adversity affecting the ethics, morals and social mores of the public.

Restriction on Publication (Section 15)

1. Taking into consideration the national interest and by publishing a notification in the Nepal Gazette. His Majesty Government may, with regard to the publication of News, information or any other reading pertaining to any specific subject, event or area, require the publication to be made only receiving clearance from the authority designated in the notification.
   
2. During existence of order issued pursuant to sub-section (1) No person shall publish such news, information or reading material or translation or quotation thus restricted except in the manner specified.

Offence against the State and Punishment Act – 1989- Treason (Section 4)

Provided that nothing mentioned written herein shall be construed as an offence under this Act for criticism of His Majesty’s Government of Nepal.