-Yam Bahadur Dura
Concept:
Ved Vyas,
Gautam Buddha, Acharya Bishnu Gupta, Paigambar Mohammed and oriental sages like
Adi Sangkaracharya and occidental philosophers like Socrates, Plato and
Aristotle have defined ethics as spiritual issues (Mainali,
2008:11).
The
journalistic of code of ethics provides journalists with basic system for
self-evaluation, self-limitation, self realization, regulation self-correction
and self-control as they perform their duties. The code of ethics paves the way
for the framework that facilitates journalists to deal with plenty of ethical
questions and moral issues viz. conflict of inertest, ethical dilemmas, and so
on.
As its pervasive connotation, it is not easy to define
journalistic ethics. Ethics has to do with duty - duty to self and duty to
others. Although it relates to obligations to others, it is private and
personal[…]. In other words, media ethics concerns right and wrong, good and
bad, better and worse actions taken by people working for media (Adhikary,
2008:289).
Media ethics is not any fixed set of rules or laws. Rather,
it is defined as a process that evolves with the world in which
the media operate, and on which the media reports. There are no fixed "right"
answers. However, ethics is an important in the mass media profession that
pervades the entire professional activity. Journalists as well as other
professional communicators are right in the middle of all sorts of ethical
concerns in the daily work environment. They have to decide what is the right –
or at least the better – thing to do at every turn (Ibid).
Ethics is not enforced by laws. They are understandings
among journalists as to what is proper journalistic behavior. Some of these agreements
are formulated in codes. The personal beliefs and, social and
cultural backgrounds of journalists also constitute ethical commitments.
Journalistic codes
of ethics facilitate journalists to
mitigate conflict of interest, ethical dilemma and improper acts.
Development of Journalistic Ethics in Nepal
The journalistic ethics in Nepal seems to be come into being
with the advent of the first Nepali newspaper Gorkhapatra in 1901. The
then Rana Prime Minister Dev Shumser issued a
decree on Baisakh 11, 1958 (April 23, 1901), which was popularly known as Sanad,
that set certain standards as to what is to print and what is not to print
in Gorkhapatra. It may be regarded as the first archetype
of journalistic ethics in Nepal. However, this can also be termed as shield
laws which were set to protect Rana rulers from media criticism.
This Sanad (decree) came more than two decades ahead
of "Canons of Journalism" was issued. "Canons of
Journalism" was adopted by American Society of Newspaper Editors (ASNE) in
1922.
Rana Prime Minister Chandra Shumsher established Gorkha
Bhasa Prakashini Samiti (afterward it was named as Nepal Bhasa
Prakashini Samiti) in 1970 BS. It was a regulatory body, which used to
bring works of writers and poets under the strict rules. To make the functions
of this regulatory body more effective, certain press
related provisions were added in the Muluki
Ain (Civil Code). Section (Adalko mahal) five of the Muluki Ain
has spoken about rules and that need to be followed by writers and poets while
carrying out their professional activities. The press-related provisions were
mainly focused on censorship and copyright issues.
After the fall of Rana oligarchic rule in 1951, several
attempts seem to be made to prescribe certain ethical standards to be followed
by media professionals. In this course, Nepal
Government formulated a Press
Commission in 1957. The Commission submitted a-18 point code in the
form of suggestions to the governmen. This code of conduct had made ample of
efforts to make journalists more ethical and professional.
In his book Nepalko Chhapakhana ra
Patrapatrikako Itihas, Grisma Bahadur Devakota has mentioned that on
7-11March 1967, the first conference of Nepal Journalists Association took
place in Kathmandu and it issued a-22-point code of conduct. May be this was
the first time in Nepal that
professional organization of journalists prescribed code of conduct.
There was no any independent body like ombudsman to
scrutinize performances of media in Nepal till late 60s.
The concept of a press
regulatory body came into existence for the first time in Nepal in 2024 BS,
which was known as Press Advisory Committee. Later, its name was changed as
Press Advisory Council. It issued journalistic code of conduct in 1969. On 27
September 1970, a-11-member Press Council was formed to make it functional
(Kafle, 2062:381 translated).
The Press Council, which was set up by the government as a
statutory body to look into the matters of professionalism and performance of
the media formulated and issued Code of Conduct in 1974. Mean while, it also
raised issue of automatic cancellation of registration in the failure to bring
mandatory minimum number of issues of newspapers (Kharel, 2001:125).
It is noticeable that most of the code of conducts issued
before 1990, were overtly or covertly in favor of party-less Panchayat
system and royal family. However, it does mean that those codes of conduct were
not liberal and media-friendly.
…In the aftermath of the restoration of multi-party system
multi-party democracy in April 1990, the government promulgated a separate
Press Council Act in 1992, which defined specifically the principles, functions
and responsibilities of the Council (Adhikary, 2008:344).
An important dimension of this Act is that it has equipped
Press Council Nepal (PCN) with quasi-judicial rights arranged for hearing of
complaints from the distressed parties for violation of the codes and their
settlement. If the complaint proves to be
true, then PCN may compel the journalists or his/her media to publicly
apologize with the person or the institution or ask them to publish a written
apology. However, the Act has remained tight-lipped on the procedure to lodge
complaints against wrongdoings of electronic media.
A year after its formation of this Act, PCN issued a code of
ethics for Nepalese journalists. Some months later, the Federation of Nepalese
Journalists (FNJ), the single-largest body of journalists in the country,
issued its own code of ethics in 1993. Since this gave the impression of
rivalry between the two bodies, officials from both sides started talks on
forming a unified code in January, 1999, FNJ and PCN officials joined hands in
drawing up a unified code of ethics. This code of ethics does not prevent
journalists from becoming active member of political parties (Kharel,
2007:137).
The code of conduct issued by the PCN in 1992 has spoken
about different ethical aspects including respecting communal harmony,
addressing grievances upon the publication of baseless news, safeguarding
confidentiality of news sources, refraining from misusing the profession for
self- benefits and the more.
Being a new entry in the media landscape of Nepal, community
radios didn't have a collective set of code of conduct before 2002AD. Since its
establishment in 2058 BS, Association of Community Radio Broadcaster Nepal
(ACORAB), an umbrella organization of community radios in Nepal, drafted code
of conduct and brought it to discussions with its the member radios. According
to Raghu Mainali, ACORAB's founding chairperson, ACORAB issued code of conduct
in 2004 for community radios. In 2007, it was revised as 'Code of Conduct
for Community Radio 2007'.
After the advent of the much talked Loktantra in 2006,
it was felt that the existing journalistic code of conduct should be
changed to address the changed socio-political environment and to cover media
dimensions including broadcasting and online media. PCN,
with the consent of the FNJ, amended and revised the Code of Journalistic
Ethics in 2008.
With the political change of 2006, Nepal headed towards the
election of Constituent Assembly. This was a much awaited historic event for
Nepalese people, which drew much more media attentions – both nationally and
internationally. Some of the professional media organizations issued code of
conduct targeting the Constituent Assembly. The Election Commission has
allocated chapter four of the Code of Conduct on Election to Members of the
Constituent Assembly, 2064 (2008) for code of conduct to be followed by the
mass media. It deals with duty of correcting false messages, provision of
providing political parties with free-air-time in proportion to the candidate
fielded by the political party, respecting tacit period of election canvassing,
maintaining records of any information published or broadcast.
Targeting the Constituent Assembly of 2008, Association of
Community Radio Broadcaster Nepal (ACORAB), Broadcasting Association of Nepal
(BAN) and Kathmandu Valley FM Broadcasters' Forum jointly issued a six-point
(with 10 sup-points) code of conduct. This code was named as ‘Election Code of
Conduct for Radio Broadcasters, 2008’. As its preamble describes, it is based on
the codes of conduct of the Association of Community Radio Broadcasters Nepal,
Press Council Nepal, the Election Commission and the International Federation
of Journalists (IFJ) as well as the current laws.
Along with the above-mentioned codes of conduct, different
media organizations like Nepal Press Institute, Equal Access Nepal have issued
media-related code of conducts over the times. But, its implementation side
largely seems to be out of picture. May be its poor implementation is largely
obstructed by our socio-economic condition.
Challenges Ahead:
Ghatna ra Bichar (Event and Thought), a current affairs program of Radio
Nepal, was brought to an end at the time of Constituent Assembly in 2008. The
Election Commission had ordered to stop that program. The reason behind it was
media monitoring report of the Election Monitoring Unit of Press Council Nepal,
established especially for Constituent Assembly. The report had indicated that Ghatna
ra Bichar is presenting politically biased news and views.
This is rarest of the rare incident in the Nepalese media
landscape. Most of the media are going unchecked and unchallenged in terms of
their behavior while practicing their profession.
Despite the ethical limitations set by the code of conduct,
journalists and media houses have been overlooking bedrock values of
journalistic ethics. For this reason, the provisions have largely remained
ineffectual as most of the media houses seem to be indifferent towards it.
Responsible factors to it could be 'corporate arrogance' of
media houses, anarchy-infected mind-set of journalists, compulsions created by
socio-economic conditions or political transitions.
This is the age of diversity, which has become problematic
too in the media landscape. The already existed partisan newspapers are now
accompanied by partisan radios. Some of the FM radios have appeared in the
media landscapes with a certain political thought. The questions are: Does the
age of diversity accept such a media practice? Can a media be a political
mouthpiece in the name of openness and diversity?
It is obvious that political affiliation of journalists,
corporate interest of the media houses, and donors' interest in media have
already put question marks to credibility of the media. This situation can give
unprecedented power in the hands of media tycoons.
Future Steps:
The Nepalese media are at a legal and ethical crossroads.
Which way they should go? They may have realized along with media experts and
scholars that press laws and codes of conduct alone never resolve media issues.
They have to discover a normative vision in tune with their culture (Kharel,
2001:100).
The nature media and technology are changing fast. They have
come up with new scopes and challenges in the media landscape. The emergence of
online media as well as new dimensions of radio and television has been seeking
different sets of rules and regulations.
Cyber crime, networking, chain broadcasting, are some of the
issues that emerged out of aforesaid media. These issues are so vast that they
need separate sets of code of ethics to deal with. General sets of code of
ethics seem to be impractical to deal with those vast areas.
Most importantly, ethics is solely a moral issue. And,
observing ethics is the only way for media to develop itself.
Works Cited and consulted:
Adhikary, N. M.. 2008. Communication, Media and
Journalism An Integrated Study. Pp. 289-295. Kathmandu: Prashanti
Prakashan.
Chhetri, A, Thapa, M, Panta, S. (2002). Patrakaritama
Mahila Prashna. Pp. 69-95.Kathmandu: Nepal Press Institute.
Code of Conduct for Community Radio
2007. 2007. Kathmandu: Community Radio
Broadcasters Nepal.
Dahal, K. 2058 BS.Amsanchar Ra
Kanun.Kathamdnu: Nepal Press Institute
Devakota, G. B.. 2059 BS (Third
Edition). Nepalko Chhapakhana
Patrapatrikako Itihas.
Kathmandu: Sajha Prakashan
Kharel, P.2007. Dimensions of
Communication. Pp.131-141. Kathmandu: Nepal Association of Media Educators
(NAME).
Kharel, P. (Ed).2001. Media Practices in Nepal.
Kathmandu: Nepal Press Institute.
Kharel, P.2005.Sounds of Radio
Broadcasting. Pp. 59-63. Kathmandu:Nepal Association of Media Educators.
Kumar,
R. 2003 .Patrakaaroun ki Aachar Sanhita. Outlook 2 (1): 10.
Mainali, R. 2008 (First English
Edition). Radio Pledge. Kathmandu: Radio Knowledge, Community
Radio Support Center (CRSC) Nepal Forum of Environmental Journalists (NEFEJ)
Mencher, M. (1999) Reprint. Basic
News Writing (3rd Edition). P.404. New Delhi: Universal Book Stall.
Press Council Nepal. (2003). Code
of Journalistic Ethics- 2003 (Amended and revised).
Press Sambandhi Kanun Samkhhipta
Parichaya (Press Related Laws: A Brief
Introduction)
Yogi, B. ( 2003, August 12). 'Media power
with responsibility'. The Kathmandu Post.
Websites:
[Courtesy: MBM Anthology of Media
Ethics (2009). With a slight revision.]
समाजमा जरो गाडेर रहेका कुरीतिहरूलाई जरैबाट उखेल्नु पर्छ भन्ने चेतले उहाँ ओतप्रोत हुनुहुन्थ्यो । ब्राह्मणले हलो नजोत्ने परम्परागत मान्यतालाई उहाँ ठालू मानसिकताको उपज मान्नुहुन्थ्यो । यसलाई चुनौती दिंदै पण्डित तोयानाथ अधिकारी, लप्टन शेषकान्त अधिकारी, श्रीकान्त अधिकारी, मुखिया हरिभक्त पौडेललगायतका व्यक्तिले लमजुङको दुराडाँडामा विसं २००६ साउन ११ गते हलो जोतेपछि नेपालको राजनीतिक, सामाजिक वृत्तमा हलचल नै ल्यायो । उहाँहरू चौतर्फी आक्रमणको निसाना बन्नुभयो । पतनको सङ्घारमा रहेका राणा शासकले विद्यमान राजनीतिक व्यवस्थाविरुद्धको साङ्केतिक आन्दोलन ठानेर उहाँहरूलाई जेलमा पठाए । अर्कोतिर, समाजको मान्यताविपरीत हलो जोतेकाले उहाँहरू ब्राह्मण समाजभित्रै आलोचित र अपहेलित हुन थाल्नुभयो । कतिपयले त दुराडाँडाका ब्राह्मणहरूसँग सोली–डोली चलाउन पनि गाह्रो माने । यस्तैमा विसं २००८ सालमा लमजुङमा बाढीपहिरोले ठूलो क्षति ग¥यो । यसको दोष पनि हलो क्रान्तिका अगुवाहरूलाई नै लाग्यो । बाहुनले हलो जोतेकाले देउता रिसाएर प्राकृतिक विपत्ति आएको हो भनेर तत्कालीन रुढीबादी समाजले टिप्पणी गर्यो ।
समाजमा जरो गाडेर रहेका कुरीतिहरूलाई जरैबाट उखेल्नु पर्छ भन्ने चेतले उहाँ ओतप्रोत हुनुहुन्थ्यो । ब्राह्मणले हलो नजोत्ने परम्परागत मान्यतालाई उहाँ ठालू मानसिकताको उपज मान्नुहुन्थ्यो । यसलाई चुनौती दिंदै पण्डित तोयानाथ अधिकारी, लप्टन शेषकान्त अधिकारी, श्रीकान्त अधिकारी, मुखिया हरिभक्त पौडेललगायतका व्यक्तिले लमजुङको दुराडाँडामा विसं २००६ साउन ११ गते हलो जोतेपछि नेपालको राजनीतिक, सामाजिक वृत्तमा हलचल नै ल्यायो । उहाँहरू चौतर्फी आक्रमणको निसाना बन्नुभयो । पतनको सङ्घारमा रहेका राणा शासकले विद्यमान राजनीतिक व्यवस्थाविरुद्धको साङ्केतिक आन्दोलन ठानेर उहाँहरूलाई जेलमा पठाए । अर्कोतिर, समाजको मान्यताविपरीत हलो जोतेकाले उहाँहरू ब्राह्मण समाजभित्रै आलोचित र अपहेलित हुन थाल्नुभयो । कतिपयले त दुराडाँडाका ब्राह्मणहरूसँग सोली–डोली चलाउन पनि गाह्रो माने । यस्तैमा विसं २००८ सालमा लमजुङमा बाढीपहिरोले ठूलो क्षति ग¥यो । यसको दोष पनि हलो क्रान्तिका अगुवाहरूलाई नै लाग्यो । बाहुनले हलो जोतेकाले देउता रिसाएर प्राकृतिक विपत्ति आएको हो भनेर तत्कालीन रुढीबादी समाजले टिप्पणी गर्यो ।
