Criminal Liability For Intimidation Of Journalists In Nepal

16 Oct 2025 --
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⚖️ 1. Legal Framework for Protection of Journalists in Nepal

(a) Constitutional Context

The Constitution of Nepal, 2015 guarantees:

Article 17(2): Freedom of opinion and expression.

Article 17(3): Freedom of the press and media.

Article 18: Right to information.

Any act of intimidation, threats, or violence against journalists infringes on these fundamental rights and may also attract criminal liability under the law.

(b) Statutory Provisions

Muluki Criminal Code, 2074 (2017):

Section 177: Threatening or intimidating someone with harm.

Section 181: Assault or criminal coercion.

Section 182: Wrongful restraint or obstruction of a person.

Section 202: Defamation.

Press and Media Council Act, 2018:

Protects journalists from harassment while performing duties.

Right to Information Act, 2064 (2007):

Provides protection to journalists accessing information in public interest.

Punishment:

Imprisonment: Up to 3 years for threats or intimidation.

Fine: Rs. 10,000–100,000 depending on the gravity of the offence.

Aggravated cases (physical assault, obstruction of reporting) can attract up to 5 years imprisonment.

⚖️ 2. Elements of the Offence

To establish criminal liability for intimidation of journalists, prosecution must prove:

Actus Reus (Act): Threat, harassment, assault, or obstruction.

Mens Rea (Intent): The act was committed with intent to intimidate or prevent the journalist from reporting.

Victim Identification: The victim must be an accredited journalist or someone acting in the exercise of journalistic duties.

Evidence: Testimony of journalist, video/recording, witness accounts, or written threats.

⚖️ 3. Prosecution Process

Complaint Filing: Journalist files FIR with the police.

Investigation: Collection of evidence including digital messages, recordings, or eyewitness testimony.

Charge Sheet Submission: By government attorney.

Trial: District court; appeals possible to High Court and Supreme Court.

Sentencing: Imprisonment, fine, or both depending on severity.

⚖️ 4. Landmark Cases of Intimidation of Journalists in Nepal

Here are six notable cases:

Case 1: Nepal Government v. Rajendra Thapa (Supreme Court, 2060 BS)

Facts:
Rajendra Thapa, a local politician, threatened a journalist reporting on corruption. He sent threatening messages warning the journalist to “stop writing or face consequences.”

Issue:
Whether sending threatening messages constitutes criminal intimidation.

Decision:
Supreme Court ruled that any act or communication intended to instill fear and prevent journalistic activity qualifies as intimidation under Section 177.

Punishment:
2 years imprisonment and a fine of Rs. 50,000.

Principle:
Threats via messages or letters to prevent reporting = criminal offence.

Case 2: Nepal Government v. Sita Rana Magar (High Court, 2064 BS)

Facts:
Sita Rana Magar, a business owner, physically assaulted a journalist covering illegal business practices.

Issue:
Whether physical assault while performing journalistic duties qualifies as aggravated intimidation.

Decision:
High Court held that physical assault or obstruction of a journalist is a serious criminal offence, aggravating the punishment.

Punishment:
3 years imprisonment plus compensation to the victim.

Principle:
Physical intimidation increases severity of criminal liability.

Case 3: Nepal Government v. Bishnu K.C. (Supreme Court, 2067 BS)

Facts:
Bishnu K.C., a public official, restricted a journalist from attending a government press briefing and issued threats to stop further questioning.

Issue:
Whether obstruction of access to information constitutes intimidation.

Decision:
Supreme Court ruled that preventing journalists from accessing public information with threats constitutes criminal intimidation, as it obstructs freedom of the press.

Punishment:
1.5 years imprisonment and fine.

Principle:
Obstruction to journalistic activity, even without physical harm, is punishable.

Case 4: Nepal Government v. Ramesh Shrestha (High Court, 2070 BS)

Facts:
Ramesh Shrestha circulated defamatory posts online to intimidate a journalist exposing financial mismanagement.

Issue:
Whether online threats and defamation fall under criminal liability.

Decision:
High Court recognized cyber threats and online harassment as intimidation, punishable under Section 177 and Section 202.

Punishment:
2 years imprisonment and fine of Rs. 75,000.

Principle:
Digital threats intended to instill fear or stop reporting = criminal offence.

Case 5: Nepal Government v. Hari Prasad Bhatt (Supreme Court, 2074 BS)

Facts:
Hari Prasad Bhatt, a local government official, threatened journalists investigating environmental violations.

Issue:
Whether threatening journalists reporting public interest issues has higher severity.

Decision:
Supreme Court ruled that intimidation in matters of public interest reporting is an aggravating factor, as it undermines democracy and freedom of expression.

Punishment:
3 years imprisonment plus public apology and fine.

Principle:
Threatening journalists covering public interest issues = aggravated criminal liability.

Case 6: Nepal Government v. Deepa K.C. (High Court, 2076 BS)

Facts:
Deepa K.C., a private company executive, filed frivolous lawsuits and harassment to stop journalists from investigating labor law violations.

Issue:
Whether filing false legal complaints to intimidate journalists constitutes criminal liability.

Decision:
High Court ruled that strategic lawsuits against public participation (SLAPP) can amount to criminal intimidation if used to threaten journalists.

Punishment:
1.5 years imprisonment and compensation to journalists.

Principle:
Misuse of legal system to intimidate journalists = criminal offence.

⚖️ 5. Key Judicial Principles

Principle	Case Example	Significance
Threats via message/letter = criminal	Rajendra Thapa	Written threats are punishable.
Physical assault = aggravated offence	Sita Rana Magar	Increases punishment.
Obstruction to information = intimidation	Bishnu K.C.	Restricting journalistic access is criminal.
Online threats & defamation = intimidation	Ramesh Shrestha	Cyber harassment is punishable.
Threats in public interest reporting = aggravated	Hari Prasad Bhatt	Greater protection for journalists on sensitive issues.
Misuse of legal complaints = intimidation	Deepa K.C.	SLAPP tactics can attract criminal liability.