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.

(M)eat dilemma

This is one of the most boring topics at any given time,but it becomes unbearable during Dashain.At every gathering,opposing friends and relatives start putting forward their "views" about animal rights and healthy diets.Even playing cards and flying kites are forgotten in the discussion.
All this leaves me bewildered.It is a simple matter of our own personal wish and desire.Either you eat fish or chicken;or u eat mutter paneer and mushroom.What is their to argue about?It is with this belief that I try to respect vegetarian though I can think extremely unkindly to anyone who tries to convert me or looks down on non-vegetarians as a whole.
My mum is a strict vegetarian who has never even tasted an omelet;my dad is the type who loves cooking,feeding everyone and relishing his own non-veg dishes.So my mum never has to worry whether the meat preparations are tasty or not.That is why a family expects a vegetarian to cook meat for them maddens me-especially as most vegetarians relate such miserable tales about being forced to handle meat even when the sight or smell sickens them.
About few years ago,my sis took to vegetarianism.Soon after,my dad almost completely turned away from meat due to health reasons.That left only me in the family as non-vegetarians.
Sometimes,during moments of reflection,I think I am an insensitive human being who misses out on the heavenly satisfaction that vegetarians must possess.Wanting to verify my emotions,I asked my sister,"Is it like this-you sit down to eat and gruesome images appear before your eyes?Then you remember the pain and sorrow in the world and you can't eat?"She had to stop choking with laughter before she assured it's not like that ,"I don't just feel comfortable,that's all."

Fundamental Of Life

Life is a winding road full of sudden turn n twist.It is neither tempest nor a mid summer high dream but it is comedy of errors.Life is also a race and we should not whimper its distance one day we will surely achieve our goal.
It is also a voyage.That's why we should not complain if the storms batter the hull or the wind blowed to shred the sails,one day we shall come to our heaven.
Life is not always the same as it is now,it waits for none and it is not confined for specific time.It goes on whatever happens.So going down into depth is called life.So without being disheartened we must proceed towards our destination.

State of media during emegency (King Gyanendra's rule)

Gyanendra,who became king in June after the royal family massacre,declared a state of emergency on 26 November.Prior to the declaration,police in Kathmandu raided the offices of three newspapers-Janadesh weekly,Janadisha daily and Dishabodh monthly and seized press materials and stationery from the publication houses.The plain clothes policemen also arrested a total of nine editors,journalists and media workers from the newspaper's offices on charges of being closely associated with the underground Maoist Party.
With the declaration of an "emergency",on 29 November,the police arrested 38 journalists and media workers in the western town of butwal while they were attending reception organized by High-tech publication Pvt.Ltd,which publishes the daily Jangharsha.All but one of the 38 journalists arrested were released on 3 December.The whereabouts of the consultant editor of Janasangharsha,Basanta Pokhrel is still unknown.The police raided Nawajyoti offset press and Bahumukhi Chhapakhana and seized press materials in Chitwan.The police also raided the office of the weekly Chure sandesh in Chitwan and arrested journalists from Siraha and Surkhet on 29 November.
On 28 November,the police and army seized copies of the Kathmandu Post in Kathmandu,which published a picture of a Maoist rebel,entitled "Back to Killing Field",in its Midweek post edition.The police also seized other magazines,such as the Naulo bihani and Dishabodh,which allegedly glorified Maoists.
In order to control the media activities during the state of emergency,the government issued a proclamation outlining 13 rules regarding the publication of information.They also formed a"special cell" to monitor articles in newspapers and posted items on the web related to security matters.The government asked the media to only publish new items on the "police and armed police"after verification by a spokesperson from the ministry of Home affairs.Similarly,the defense Ministry issued a statement that newspapers should not publish articles on the activities of the military without verification by the De fence Ministry.
Perhaps the most positive development that year was a supreme court ruling in favour of the right of private radio stations to broadcast their own new programmes.On 16 January,the Nepalese government restricted the nation's 11 private FM radio stations,preventing them from broadcasting independent news bulletins.Authorities also occurred them of sensationalising stories and broadcasting news without verification.
Nepal's information's and communications Minister issued a directive stating that radio stations will only be allowed to broadcast news supplied by state-authorized sources.Furthermore,in order to be considered for authorization,reports from radio stations would have to be submitted to the ministry at least one week prior to their broadcast.Finally,the directive requested that private radio stations appoint boards of directors of at least three persons,including one individual from the information and communication ministry.
Even though the broadcasting licenses had previously provided for these restrictions,the authorities had not applied them.However,on 26 July,the supreme court declared the government's directive on Nepal's private radio stations illegal,stating it was against the constitutional provision related to the "right to freedom" and the "right to information".
The assault on the Nepalese press had been immense and deeply troubling.More than two weeks after King Gyanendra cut of all communication in the country and imposed total media censorship,many of the drastic measures affecting Nepal's journalists remained in place.A program of military-enforced censorship that began on February 1 had not been lifted and hundreds of journalists who couldn't report the news face layoffs.Communications had been restored with the disturbing caveat that security forces may monitor and cut them off at will.And several journalists remained in detention,including Bishnu Nisthuri,the General Secretary of the Federation Of Nepalese journalists.
Threats to the press leave all citizens at increased risk of abuse by security forces.The media crackdown had been most severe in rural areas,which are the primary site of conflict between the army and Maoist rebels.
Independent FM radio stations had been banned from reporting the news and were limited to broadcasting entertainment programming.Hundreds of broadcast journalists faced layoffs,and the survival of local radio in Nepal.More than 40 outlets were primary source of news to people in districts over the country.
The king's orders had banned all media from broadcasting of publishing negative commentary on the king's activities or indirectly or directly criticizing the security forces in any way that could "affect morale".Anyone who disobeyed those orders would be placed under immediate house arrest,according to state media.
For a period of days following the February 1 declaration,security forces were stationed at the nation's major media houses.Military officers vetted news articles and editorials and imposed the king's new censorship guidelines by threat of force.Though the physical presence of military battalions in media offices in Kathmandu has diminished,media outlets remained under military surveillance and censorship.Security forces continued to enter newspaper and magazine offices at will.Security forces had entered the offices of weeklies Chhalphal,Deshantar and Dristi to censor their content.
Print publications outside the capital were at even greater risk.Because of the disruption in communications,specific information on conditions in the provinces was limited.Many newspapers in the districts had closed completely-some under orders if security forces-or had drastically reduced their staff size.
In the midwestern city of nepalgunj,the military rounded up newspaper editors to issue an order banning them from publishing any on information in civilian deaths by security forces.The 12 point guidelines also banned them from publishing information on political parties pr quoting news about Maoists from foreign media and required them to submit publications to the government of monitoring.
The media was prohibited from reporting on a February 1 student protest in Pokhara,where police shot one student and detained and beat 58 others,many of them severely.Mobile phone lines across the country remained down and the king had authorized security personnel to monitor or ban the use of telephone,radio,fax,TV,e-mail or any other from the electronic media as they see fit.
On February14,security forces ordered Nepal Telecommunications to cut off telephone lines in eastern Nepal's Sarlahi district,isolating thousands of people and disrupting all flow of information in that area.Security forces had also targeted FNJ President Tara Nath Dahal visiting his home and threatening his wife and children.The offices of FNJ remain under military surveillance.
On February 13,security forces arrested two journalists in Chitwan district for unknown reasons.The status of reporters Narayan Adhikari,with the state owned Rastriya Samachar Samiti news agency and Basanta Parajuli of the daily Gorkhapatra was unknown.On February 15,security forces arrested D.R Panta,local correspondent of Kantipur publications in the district of Dadeldhura.Both the people of Nepal and country's international reputation was harmed by dismantling Nepal's communication infrastructure and shutting down the press.

science is always wrong

Hi friends!!

Science is always wrong.It never solves a problem without creating ten more.
So go for ARTS.