The National Broadcasting Act, 2049 (1993)

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;

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.

4. Prohibition on broadcasting without license.

5. Application for license.

6. Issuance of license.

7. Powers to prevent broadcasting.

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.

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.

13. Provision of time to foreign broadcasting institution or communication media.

14. Provision of time to broadcast advertisement.

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.

19. Security of broadcasting institution.

20. Delegation of powers.

21. Powers to frame Rules.

22. Prevalence of prevailing law.

23. Saving.