Media and Broadcasting Law in Nepal: Legal Framework, Licensing, and Regulations

Media and broadcasting law in Nepal establishes the comprehensive legal framework governing television, radio, FM stations, online news portals, digital media, and the entertainment industry. The National Broadcasting Act 2049 (1993) serves as the primary legislation for broadcasting operations, while the Online Media Operation Directives 2073 (2016) regulates digital journalism and online news portals. Nepal's media regulatory framework balances constitutional guarantees of freedom of expression and the right to information with content standards, licensing requirements, and operational guidelines. This guide provides comprehensive coverage of media and broadcasting laws, licensing procedures, regulatory bodies, content regulations, and compliance requirements for media operations in Nepal.

Constitutional Foundation for Media Freedom

The Constitution of Nepal 2072 (2015) provides fundamental guarantees that form the foundation of media law in Nepal:

Freedom of Expression and Press Freedom

The Constitution guarantees every citizen the freedom of opinion and expression, including freedom of the press. This encompasses:

• Right to express opinions through speech, writing, or any other medium
• Right to publish and broadcast
• Right to operate print media, broadcasting, and electronic media
• Right against censorship
• Right against prior restraint on publication

Right to Information

Citizens have the right to demand and obtain information on any matter of public concern, subject only to reasonable restrictions provided by law.

Article 47: Laws to Implement Fundamental Rights

This article mandates the government to enact laws to enforce fundamental rights including freedom of expression, right to communication, press freedom, and right to information.

Legal Framework for Media and Broadcasting

Nepal's media industry operates under a comprehensive legal framework consisting of multiple laws, regulations, and directives:

Regulatory Authorities

Multiple government bodies oversee different aspects of media and broadcasting in Nepal:

National Broadcasting Act 2049 (1993)

The National Broadcasting Act 2049 is the primary legislation governing broadcasting activities in Nepal. It aims to protect and promote freedom of expression, ensure public awareness through national language, and create harmony among all ethnic groups, languages, classes, regions, and religious denominations.

Key Definitions

• Broadcasting: Radio communication service sent through signal, sound, image, picture, or similar means for public information
• Programme: Any kind of programme broadcast through audio or audio-visual means
• Frequency Modulation Broadcasting: Broadcasting through prescribed channel using FM technology
• Broadcasting Institution: Person or body corporate licensed to broadcast under the Act
• Satellite: Satellite placed in space to obtain or send broadcasting signals
• Cable: Technology sending broadcasting signals by wire to customers
• Earth Station: Station established on earth surface to exchange programmes via satellite
• Broadcaster: Person reading out programmes or composing and editing them

Licensing Requirement (Section 4)

No one shall broadcast any programme without obtaining a license pursuant to the Act. This mandatory licensing applies to all broadcasting operations in Nepal.

Application for License (Section 5)

Any person or body corporate intending to broadcast programmes by satellite, cable, or other communication means, or to establish FM broadcasting systems, must submit an application to Government of Nepal in prescribed format with prescribed fee.

License Issuance (Section 6)

Upon receipt of application, Government of Nepal may, after holding necessary inquiry, issue the license in prescribed format subject to observance of prescribed terms.

Powers to Prevent Broadcasting (Section 7)

Taking into account national interest, Government of Nepal may, by Nepal Gazette notification, prevent any programme pertaining to any particular subject, event, or area from being broadcast for a period not exceeding six months at a time.

License Cancellation (Section 8)

Government of Nepal may cancel the license of any broadcasting institution that broadcasts programmes in contravention of the Act or Rules. However, the institution must be given reasonable opportunity to defend itself before cancellation.

Earth Station Provisions (Section 9)

Special provisions apply for establishing earth stations relating to satellite and cable television:

• Separate permission required from Government of Nepal
• Available to individuals, corporate bodies, or native and foreign persons in joint investment
• Permission issued after necessary inquiry if deemed reasonable
• Subject to prescribed terms and programme restrictions

Broadcasting License Types and Fees

Types of Broadcasting Licenses

Application Fees

License Issuance Fees by Area

Other Issuance Fees

• Earth Station for Satellite Broadcasting: NPR 350,000
• Other Broadcasting Means: NPR 50,000
• Fees for Cable Network and FM vary by capacity and wattage

Broadcasting License Process

The process for obtaining a broadcasting license involves several steps:

Step 1: Preliminary Research and Company Registration

• Conduct market research on broadcasting landscape, audience, and competition
• Register company at Company Registrar's Office with broadcasting objectives
• Develop comprehensive business plan with content strategy and financial projections

Step 2: Application Preparation and Submission

Submit application to Ministry of Information and Communications including:

• Company registration certificate
• Proposed coverage area
• Technical specifications
• Transmission tower location
• Financial capability documents
• Company profiles
• Business plan

Step 3: Frequency Allocation (for FM/TV)

NTA assigns:

• Radio frequency
• Bandwidth
• Transmission power

Step 4: Technical Evaluation

Government checks:

• Equipment safety
• Coverage radius
• Non-interference with aviation frequencies
• Compliance with technical standards

Step 5: Content Review

MoCIT assesses content plan to ensure alignment with national standards.

Step 6: License Approval and Fee Payment

Pay prescribed license fee upon application approval.

Step 7: License Issuance

License valid for 1-5 years based on license type. Annual renewal required with spectrum fees.

Terms and Conditions for Broadcasting Institutions

Licensed broadcasting institutions must comply with the following conditions:

• Obtain consent from relevant institution or person for broadcasting or distributing programmes
• Do not sell or transfer license to another person or institution
• Broadcast only programmes specified in the license
• For institutions with fewer than four channels: dedicate one-fourth of broadcasting time to government programmes
• For institutions with more than four channels: dedicate at least one channel to government programmes
• Broadcast government information free of charge for up to five minutes at a time and up to six hours a day during crises or natural calamities
• Broadcast only programmes directed by Ministry during war or emergency
• Conclude agreements when using private property or public infrastructure
• Provide equal signal access to licensed persons for paying channel signals
• Conclude agreements with consumers on distribution and use of programmes
• Provide call signs at beginning, intervals, and end of programmes

Programme Production and Content Standards

Priority Content (Section 11)

Broadcasting institutions must give priority to:

• Development-oriented programmes (agriculture, education, industry, commerce, science, technology, health, family planning, forest and environment protection)
• Programmes enhancing equality and harmony among tribes, languages, classes, areas, and religious denominations
• Programmes contributing to upliftment of various languages and cultures
• Programmes enhancing national interest and national unity
• Programmes raising national consciousness and moral awareness
• Programmes raising social consciousness and developing democratic values
• Programmes not causing adverse impact on relations with neighboring and friendly countries
• Programmes relating to foreign policy
• Programmes promoting folk songs and folk cultures
• Important activities at national and international level

Prohibited Content (Section 15)

The following content is prohibited from broadcasting:

• Matters adversely affecting political parties
• Materials of vulgar type
• Materials with object to oust elected government using violent force
• Matters creating unusual fear and terror in general public
• Matters contrary to non-aligned foreign policy of Nepal
• Materials misinterpreting, disregarding, insulting, or devaluing any tribe, language, religion, and culture

Advertising Regulations (Section 14-15)

• Time may be allocated for broadcasting advertisements by collecting prescribed fee
• Advertisement of substances causing harm to public health (smoking, liquor) shall be discouraged
• During elections, political parties may give information about manifesto, programme, or philosophy with government consultation with Election Commission

Online Media Operation Directives 2073 (2016)

The Online Media Operation Directives 2073 regulates the registration, renewal, operation, and monitoring of online media in Nepal.

Definition of Online Media

Online media means the method, process, or medium that produces, publishes, transmits, or disseminates message-oriented or thematic opinion, photo, audio visual by using sign, symbol, text, voice, graphics, song, music, video, animation, and various multimedia through the internet, after having been established or registered pursuant to prevalent law and adopting journalism and editorial principles.

Registration Requirements

Any individual or organization operating online journalism must file an application for registration at the Department of Information with the following documents:

• Organization registration certificate (if organization)
• Prabandhapatra and regulations copies
• Name, surname, address, phone number, and citizenship certificate copy
• VAT or PAN registration certificate
• Minute of decision to transmit news material from online media
• Certificate of registration or renewal of domain registration
• Name, surname, address, and contact of Editor and broadcaster/disseminator

Annual Renewal (Clause 6)

• Registration must be renewed every year by end of Ashadh (mid-July)
• Renewal requires tax clearance certificate and audit report
• Service of unrenewed online media shall be ceased as per prevalent law

Website Requirements (Clause 9)

Online media must maintain the following details on homepage:

• Registration number from Department, financial year, name, address, and contact of proprietor
• Name of proprietor, editor, or news chief clearly visible
• If second domain used, website should have .np
• If republishing from other social network or website, include icon of source

Prohibited Content (Clause 11)

The following materials are prohibited from publication and broadcast:

• Content harming Nepal's sovereignty, territorial integrity, nationality, or good relations among federal units, various castes, ethnic groups, religions, or communities
• Content amounting to treason, defamation, or contempt of court
• Content inciting commission of crime
• Acts against public protocol or morality
• Abuse of labour, inciting racial untouchability and gender discrimination
• Content without authorized source that could create illusion and adverse impact on international relations

Content Responsibility (Clause 12)

• Online media publishing or broadcasting material without revealing source is fully responsible for such content
• Online media is responsible for comments and responses posted on its platform
• Must ensure no vulgar, dishonest, or irrelevant comments are posted
• Prohibited content cannot be republished even by revealing source

Archive Requirements (Clause 13)

Online media must maintain archive of published or broadcast materials safely for at least six months.

Correction and Corrigendum (Clause 14)

• If error found in published material, correct while maintaining original, and publish information about correction
• If erroneous material must be deleted, remove from website but keep safely to present when sought by Press Council

Foreign Online Portals (Clause 19)

If online news portal operated from abroad publishes prohibited content, Department may write to concerned authority to stop such material from being published or broadcast inside Nepal.

Press Council and Journalist Code of Conduct

The Press Council Nepal regulates journalist conduct and handles press complaints:

Functions of Press Council

• Listing of online media
• Inspection and monitoring of journalist code of conduct adherence
• Handling complaints against media content
• Investigation of complaints with material evidence (screenshot or URL)

Journalist Obligations

• Verify authenticity of news or news materials before publishing
• Respect individuals' right to privacy
• Protect confidential sources
• Differentiate news, advertisements, and views
• Use factual, balanced opinion and decent language
• Avoid content inciting violence, terrorism, and crime
• Not mention unrelated person's name in news

Press Accreditation

Journalists working for online media must acquire press accreditation (press pass) from the Department pursuant to prevalent law.

Broadcaster Functions, Duties, and Powers

Section 16 of the National Broadcasting Act specifies broadcaster responsibilities:

• Have necessary inquiry as to truth of information, news, articles, or programmes and broadcast at specified time
• Edit and broadcast news by being politically neutral
• Not broadcast programmes that may undermine public security, moral, and social decency
• Not broadcast any matters recklessly or negligently
• For controversial matters, broadcast by analyzing from all viewpoints without twisting state of affairs
• Not collect and broadcast false and illusive news
• Carry out other functions as specified by broadcasting institution

Motion Picture and Entertainment Law

The Motion Picture (Production, Exhibition, and Distribution) Act 2026 (1969) regulates the film industry in Nepal.

Licensing Requirements

License required from Government of Nepal for:

• Production of motion pictures (feature films and other types)
• Distribution of motion pictures
• Exhibition of motion pictures
• Construction and operation of cinema halls

Cinema Hall Licensing Considerations

When issuing license for cinema hall construction, government considers:

• Potential disturbances to nearby schools, hostels, hospitals, places of public importance, or governmental offices
• Necessity of cinema hall based on area population
• Whether design includes sufficient arrangements for safety, health, and audience facilities
• Compliance with other relevant Nepalese laws

Film Development Board

The Film Development Board oversees film industry regulation and cinema licensing.

Penalties and Violations

Broadcasting Act Penalties (Section 17)

Online Media Consequences (Clause 21)

Online media or website may be suspended in following circumstances:

• Operating online media illegally without registering or renewing within prescribed limitation
• Publishing or broadcasting prohibited materials
• Carrying out any act against Directives and prevalent law

Consequences for Breach of Regulations

Depending on severity and repetition of breach:

• Warning
• Temporary suspension
• Cancellation of license
• Fines
• Imprisonment

Loss of Benefits (Clause 18)

Online media not renewed within prescribed limitation or listed as non-compliant by Press Council shall not be entitled to any government benefits.

Appeal (Section 18)

Any person not satisfied with order made or penalties imposed by Government or prescribed authority may file appeal to concerned Court of Appeal within 35 days.

Content Standards Summary

Private Sector Participation

Section 12 of the National Broadcasting Act allows private sector participation in programme production and broadcasting to make content fair, simple, efficient, and effective.

Foreign Broadcasting Institutions

Section 13 permits allocation of time to foreign broadcasting institutions or communication media to broadcast educational, entertaining, and informative programmes based on prescribed standards without causing adverse impact on national interest.

Security and Emergency Provisions

Security of Broadcasting Institutions (Section 19)

If Government deems there is likelihood of loss or damage to a broadcasting institution due to riot or unrest, it may arrange security by sending security force for such period as necessary.

Emergency Support from Online Media (Clause 22)

In disaster or state of crisis, online media should support by publishing or broadcasting free notice, statement, or public awareness materials released by Government of Nepal.

Intellectual Property in Media

The Copyright Act 2059 (2002) protects creative works in the media and entertainment industry:

• Protection for creators, musicians, filmmakers, and writers
• Control over use of creative works
• Licensing requirements for music, movies, and entertainment products
• Prevention of unauthorized use without permits or licenses

Compliance Checklist for Media Operations