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Journalists face criminal sentences over news reports

Freedom Forum has documented several incidents reflecting the suppression of media freedom and journalists' rights by the legal authorities in Nepal. Recent incidents of arrest of journalists and court orders directing the removal of published content in online media indicate an increasingly stringent approach of judiciary towards the media.

On June 25, police arrested senior journalist Khem Bhandari from Sudurpaschim Province in a criminal defamation case following the verdicts of the Kanchanpur District Court and Mahendranagar Bench of the Dipayal High Court. The arrest was based on Kanchanpur District Court's order to sentence Bhandari to one month's imprisonment and impose fine amount Rs. 10,000 on May 15, 2025. The High Court upheld the district court's verdict on April 5, 2026 and additionally sentenced him to seven days in prison along with an additional fine of Rs. 2,100.

Both the courts found Bhandari guilty of defamation in connection with his reporting for Manaskhanda Daily and social media posts relating to the rape of a minor eight years ago. Although Bhandari had filed a petition before the Supreme Court seeking review of the High Court's decision, he was taken into custody.

In another case, the Kathmandu District Court sentenced Saroj Mishra (former editor at Rajdhani Daily) to four months imprisonment and imposed a fine of Rs. 1,000 in a criminal defamation case. On April 8, 2026, the court also ordered the journalist and the media house to pay Rs. 500,000 as compensation amount to the plaintiff. The order was authenticated on June 9, 2026.

The court delivered its verdict on a criminal defamation case filed under Section 306 of the National Penal Code against the editor and media, over news reports published in the daily. The court states that the reports lacked sufficient factual basis and had defamed the plaintiff.

According to the daily, Advocate Shova Karki filed the case at Kathmandu District Court on July 31, 2023, alleging that the reports contained baseless claims and had damaged her reputation. A complaint was also lodged at Press Council Nepal following the news publication on the daily. On the council's letter seeking clarification over content, the media office had submitted its clarification on August 4, 2023.

However, district ourt stated that the clarification and evidence presented were insufficient to substantiate the allegations contained in the reports and delivered verdict. In both the cases, journalists have been subjected to imprisonment for defamation-related offences.

Freedom Forum Executive Chief Taranath Dahal said, "Defamation should not be treated as a criminal offence but should instead be addressed through civil laws. Criminalizing journalistic work and news content has a chilling effect on investigative journalism and undermines press freedom.‘‘

Freedom Forum expresses serious concern over both the cases. The imprisonment of journalists for defamation is strictly against the constitutionally guaranteed rights to freedom of expression and press freedom. These cases could be addressed under National Civil Code through compensation approach if the media is found guilty. Hence, FF urges the respective courts to review decisions and deliver justice in line with the liberal constitutional intention without criminalising defamation.

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