· The rights to freedom of expression and information should apply to everyone, not just citizens.
· The terms ‘nationality’, ‘integrity’ and ‘harmonious relations subsiding among federal units’ should be removed as grounds justifying restrictions on freedom of expression.
· The references to ‘harmonious relations subsisting among… peoples of various castes, tribes, religions or communities’ should be replaced by the idea of incitement to violence, discrimination or hatred against these groups.
· The references to types of laws – namely defamation, contempt of court and incitement to an offence – should be replaced with references to types of interests, such as ‘reputation’, the ‘independence and authority of the judiciary’ and ‘public order’.
· The weak standards in Articles 22 and 24, such as ‘may undermine’ or ‘may jeopardize’, should be replaced by stronger tests, such as ‘would be likely to undermine’.
· The right to information should cover all information, not just information deemed to be of concern to a citizen or the public.
· A test for restrictions on the right to information should be introduced into article 32, which should be modelled along the same lines as the test for restrictions on the general guarantee of freedom of expression.
The IFJ said: “We join the NIMP in calling on the Nepali Government to ensure that freedom of expression, media freedom and right to information are strongly enshrined in the Nepal Constitution, fostering and supporting these vital components of the country’s democracy. The IFJ also encourages the government to consult the media community on the constitution and the impact any legislation will have on media freedom for Nepal. ”Read the full statement here.For further information contact IFJ Asia-Pacific on +61 2 9333 0946
The IFJ represents more than 600,000 journalists in 134 countries
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