The National Broadcasting Act, 2049 (1993)

The Amending Act
The Act Amending Some Nepal Acts Relating to Communications, 2057 (2000)
2057.10.18 (Jan. 31, 2001)

Preamble:
Whereas, in order to protect and promote the freedom of expression and the right to be informed guaranteed to the people by the Constitution of the Kingdom of Nepal, 2047 (1990), and to raise public awareness also through the language of the nation as well as national languages by creating an environment of equality, mutual good faith, and harmony amongst all the tribes, languages, classes, regions and religious denominations by imparting economic, social and cultural activities of the country to the people through the broadcasting system, it is expedient to make legal provisions on the broadcasting , without any obstruction, of the flow of information in order that the general public get informed about impartial as well as authentic news and information taking place at the national and international level, by making the broadcasting media reliable, effective and strong, with the use of modern technology available in the field of information and communications;

Now, therefore, be it enacted by Parliament in the twenty-second year of the reign of His Majesty the King Birendra Bir Bikram Shah Dev.

1. Short title and commencement:
   
   
   1. This Act may be cited as the "National Broadcasting Act, 2049 (1993)"
      
      
   2. This Act shall come into force forthwith.
   
   
2. Definitions:
   
   Unless the subject or the context otherwise requires, in this Act, -
   
   
   1. "Broadcasting " means the radio communication service to be so sent through signal, sound, image, picture or similar other way that the general public may get information.
      
      
   2. "Program" means any kind of program to be broadcast through audio or audio-visual means.
      
      
   3. "Frequency modulation broadcasting system" means a broadcasting made for the radio or television technology, by a broadcasting institution through the prescribed channel by using the frequency modulation broadcasting system.
      
      
   4. "License" means the broadcasting license to be issued pursuant to Section 6 for broadcasting any program or the license to be issued for broadcasting by establishing the frequency modulation broadcasting system.
      
      
   5. "Broadcasting institution" means a person or body corporate having obtained the license to broadcast programs under this Act.
      
      
   6. "Satellite" means the satellite placed in the space in order to obtain various broadcasting materials or send them elsewhere.
      
      
   7. "Cable" means the technology by which broadcasting materials are sent to various customers, members or consumers by wire from any certain broadcasting station.
      
      
   8. "Earth station" means a station to be established in the earth surface in order to exchange broadcasting programs through satellite.
      
      
   9. "Broadcaster" means a person reading out a program to be broadcast by a broadcasting institution, and this term also includes a person who composes and edits such program.
      
      
   10. "Prescribed" or "as prescribed" means prescribed or as prescribed in the Rules framed under this Act.
   
   
3. Supervision and operation of programs relating to broadcasting:
   His Majesty's Government shall have the powers to formulate policies on supervision and operation of programs relating to broadcasting within the Kingdom of Nepal.
   
   
4. Prohibition on broadcasting without license:
   No one shall broadcast any program without obtaining the license pursuant to this Act.
   
   
5. Application for license:
   Any person or body corporate who intends to broadcast any program by way of satellite, cable or other means of communication or to broadcast any didactic, entertaining and informative programs by establishing the frequency modulation broadcasting system in any place within the Kingdom of Nepal shall submit to His Majesty's Government an application in such format and accompanied by such fee as prescribed.
   
   
6. Issuance of license:
   Upon receipt of an application referred to in Section 5, His Majesty's Government may, holding necessary inquiry into the application, issue the license, in the prescribed format, for broadcasting a program, subject to observance of the prescribed terms.
   
   
7. Powers to prevent broadcasting:
   Taking into account of the nation and national interest, His Majesty's Government may, by a notification published in the Nepal Gazette, prevent any program pertaining to any particular subject, event or area from being broadcast by a broadcasting institution, for a period not exceeding six months at a time.
   
   
8. Power to cancel license of broadcasting institution:
   
   
   1. If any broadcasting institution broadcasts any program in contravention of this Act or the Rules framed hereunder, His Majesty's Government may cancel the license obtained by such broadcasting institution.
      
      
   2. Prior to cancellation of the license under sub-section (1), His Majesty's Government shall give a reasonable opportunity to such broadcasting institution to defend itself.
   
   
9. Special provisions on establishment of earth station:
   
   
   1. Any person or corporate body, or a native and foreign person or corporate body in joint investment, who intends to broadcast any program by establishing the earth station relating to satellite and cable television, has to submit an application to His Majesty's Government for permission.
      
      
   2. Upon receipt of an application referred to in sub-section (1), His Majesty's Government may, if, following necessary inquiry into that application, it deems reasonable to give permission to the applicant to broadcast any program by establishing the earth station relating to satellite and cable television, issue permission, as prescribed, to broadcast the prescribed programs, subject to observance of the prescribed terms.
      
      
   3. Other provisions on the establishment of the earth station and broadcasting shall be as prescribed.
   
   
10. Broadcasting and distribution fee:
    If a broadcasting institution intends to distribute and operate any program, the fees to be paid to His Majesty's Government or the prescribed organization and the fees to be collected from the persons or bodies using such program shall be as prescribed.
    
    
11. Production and broadcasting of programs:
    While producing and broadcasting any program, a broadcasting institution has to give priority to the following matters:-
    
    
    1. Development-oriented programs such as agriculture, education, industry, commerce, science and technology, health, family planning and forest and environment protection,
       
       
    2. Such kinds of programs as to enhance equality, mutual good faith and harmony amongst all the tribes, languages, classes, areas and religious denominations,
       
       
    3. Programs that contribute to the upliftment of various languages and cultures of Nepal,
       
       
    4. Programs on such subjects as may enhance the national interest and national unity,
       
       
    5. Programs on such subjects as may raise national consciousness and moral awareness,
       
       
    6. Such kinds of programs as to raise social consciousness and develop democratic values, norms and culture in the people,
       
       
    7. Programs on such subjects as may not cause adverse impact on the relations between Nepal and neighboring countries as well as friendly countries,
       
       
    8. Programs relating to the foreign policy pursued by the country,
       
       
    9. Programs promoting folk songs and folk cultures,
       
       
    10. Important activities happening or taking place at the national and international level.
    
    
12. Participation of private sector in production and broadcasting of program:
    In addition to the public sector, the private sector may also be got involved so as to make any programs fair, simple, efficient and effective.
    
    
13. Provision of time to foreign broadcasting institution or communication media:
    If any foreign broadcasting institutions or communication media intend to get any program broadcast by a broadcasting institution, time may be provided to broadcast any didactic, entertaining and informative programs, based on the prescribed standards, without causing any adverse impact on the national interest.
    
    
14. Provision of time to broadcast advertisement:
    If any person intends to get any advertisement on publicity of any matter broadcast to the general public, time may be provided for broadcasting that advertisement, by collecting the prescribed fee from such person, institution or body.
    
    Provided, however, that the broadcasting of advertisement of substances, such as smoking and liquors, causing harm to the public health shall be discouraged.
    
    
15. Prohibition on broadcasting of advertisement:
    
    
    1. Notwithstanding anything contained in Section 14, no one shall broadcast, or cause to be broadcast, any advertisement of the following matters:-
       
       
       1. Matters adversely affecting political parties,
       2. Materials of vulgar type,
       3. Materials with object to oust the elected government by using violent force;
       4. Matters of such a nature as to create unusual fear and terror in the general public,
       5. Matters contrary to the non-aligned foreign policy of Nepal,
       6. Materials misinterpreting disregarding, insulting and devaluing any tribe, language, religion and culture.
       
       
    2. Notwithstanding anything contained in sub-section (1), nothing contained in this Section shall be deemed to prevent His Majesty's Government, in consultation with the Election Commission, from allowing any political party to give information about matters such as manifesto, program or philosophy of such party, at the time of election.
    
    
16. Functions, duties and powers of broadcaster:
    
    The functions, duties and powers of the broadcaster shall be as follows:-
    
    
    1. To have necessary investigation as to the truth of the information, news, articles or programs received by him and broadcast, or cause to broadcast, them at the specified time,
       
       
    2. To edit and broadcast, or cause to be edited and broadcast, the news by being politically neutral,
       
       
    3. Not to broadcast, nor cause to be broadcast, such kinds of programs as may undermine public security, moral and social decency,
       
       
    4. Not to broadcast, nor cause to be broadcast, any matters recklessly or negligently,
       
       
    5. Even if broadcasting is to be made about any debatable matter, to broadcast it by analyzing it from all viewpoints to the extent possible, and without twisting the state of affairs,
       
       
    6. Not to collect and broadcast false and illusive news,
       
       
    7. To carry out such other functions as specified by the broadcasting institution.
    
    
17. Punishment:
    
    
    1. If any person broadcasts, or causes to be broadcast, any program without obtaining the license of broadcasting institution pursuant to Section 6 or without obtaining permission pursuant to Section 9, such person shall be punished, by order of the prescribed authority, with a fine of a sum equal to the license and permission letter fee and the charge as referred to in Section 10, by recovering such fee and charge ten [1] or with imprisonment for a term not exceeding one year or with both punishments.
       
       
    2. If any person broadcasts, or causes to be broadcast, any program in contravention of this Act or the Rules framed hereunder or commits, or causes to be committed, any act in contravention of this Act or the Rules framed hereunder, the prescribed authority may punish such broadcasting institution, broadcaster or other related person with a fine not exceeding ten thousand rupees or with imprisonment for a term not exceeding one year or with both punishments.
    
    
18. Appeal:
    Any person who is not satisfied with any order or punished made or imposed by His Majesty's Government or the prescribed authority may file an appeal to the concerned Appellate Court within thirty-five days.
    
    
19. Security of broadcasting institution:
    If His Majesty's Government thinks that there is a likelihood of any kind of loss or damage to a broadcasting institution because of a riot or unrest, it may arrange for security by sending security force to that place for such period as it may think necessary.
    
    
20. Delegation of powers:
    His Majesty's Government may delegate any or all of the powers conferred on it by this Act to any authority or body.
    
    
21. Powers to frame Rules:
    His Majesty's Government may frame necessary Rules in order to implement the objectives of this Act.
    
    
22. Prevalence of prevailing law:
    The matters contained in this Act shall be governed by this Act, and the other matters shall be governed by the prevailing law.
    
    
23. Saving:
    Notwithstanding anything contained elsewhere in this Act, a body corporate fully or partly owned by His Majesty's Government established prior to the commencement of this Act shall be deemed to have obtained the license of broadcasting institution under this Act.

[1] Amended by the Act Amending Some Nepal Acts Relating to Communications, 2057 (2000).

Top