Ordinance Amending some Acts Related to the Media, Preamble: Whereas it is expedient to amend some Acts related to the media; and As there is no session of parliament at present;
Be this ordinance enacted by His Majesty King Gyanendra Bir Bikram Shah Dev in accordance with Article 72 of the Constitution of the Kingdom of Nepal, 1990.

1. Short Title and Commencement
This ordinance is named 'Ordinance amending some Acts related to the Media, 2005'. This ordinance shall come into force immediately.

Amendment to the Radio Act 2014:
Proviso of Section 3 of the Radio Act 2014 has been replaced with the following proviso, 'but any person obtaining a license for operating telecommunication services in accordance with Telecommunication Act 2053 or any customer utilising telecommunication services through that licensed person; or any person or organised institution with permission or license in accordance with National Broadcasting Act 2049 for broadcasting any program through satellite, cable or any other means; establishing frequency modulation broadcasting system for broadcasting educational, entertainment and informative programs; establishing satellite station for program broadcasting, or customers utilising broadcast services through a licensed person or institution is not required to obtain a license in accordance with this Act for installing, using or making telecommunication or radio broadcasting equipments.'

Amendment to National News Agency Act, 2019:
National News Agency Act has been amended as follows:
SubSection '5(a)' has been added after SubSection 5 of Section 30 as follows.
5(a): Anyone collecting or disseminating news violating Section 32 shall be fined up to Rs 500,000.00
SubSection 2 of Section 32 has been replaced with the following:
(2) News agencies pursuant to SubSection (1) can disseminate their news throughout the kingdom of Nepal obtaining permission from His Majesty's Government.
Provided that, there is no need to obtain permission from His Majesty's Government for disseminating news to an Agency.

Amendment in Press and Publication Act 2048
Press and Publication Act 2048 has been amended as follows:
In Section 14
1. The words "His Majesty's" in clause 'a' has been replaced with "His Majesty's and members of the royal family"
2. The following has been added after Clause (c)
c (i): 'discouraging acts that are deemed criminal as per existing laws'
3. In SubSection (1) of Section 16
a. the words "anything prohibited for publication pursuant to Section 14 and 15, news, information or any material, or" have been added
b. Clause (d) has been replaced with the following Clause (d)
(d): "Promoting or assisting Terrorist, terrorism and destructive activities"
c. Clauses (b) and (e) have been omitted.
4. In Section 27, the words "fine up to Rs 10,000.00" have been replaced with "fine up to Rs 100,000.00"
5. In Section 28, the words "fine up to Rs 5,000.00" have been replaced with "fine up to 50,000.00"
6. In Section 29, the words "fine up to Rs 5,000.00" have been replaced with "fine up to 50,000.00"
7. In Section 30, the words "fine up to Rs 5,000.00" have been replaced with "fine up to 50,000.00"

Amendment in Press Council Act, 2048
In Clause (d) of SubSection (2) of Section (12) of Press council Act, 2048, the words "or his Press Representative Certificate or Temporary Press Representative Certificate shall be cancelled" have been added after "complete prohibition".

Amendment in National Broadcasting Act 2049
The following amendments have been made in National Broadcasting Act 2049:
1. the words "or Television" have been omitted from Clause (c) of Section (2)
2. the words "news-based programs" have been replaced with "informative programs" in Section (5) and the following explanation has been added.

Explanation: For this Section "informative programs" denotes any programs on health, education, population, environment, weather, road transportation or related to any development activities with an objective of promoting information and public awareness.
3. Section 6(a) has been added after Section (6), as follows:

6(a): (1) Notwithstanding anything written in this Act or elsewhere in existing laws, any person or organisation will not be provided a license or certificate of radio, television and publication either at once or time by time.
(2) Notwithstanding anything written in this Act or elsewhere in existing laws, if any person or organisation has obtained a license or certificate of radio, television and publication prior to commencement of this Section, such person or organisation has to opt for any two among radio, television and publication within a year from the commencement of this Section and the remaining third should be managed, broadcast or published by a separate person, institution or management.
(3) His Majesty's Government shall revoke the license of a radio or television broadcasting if any person or organisation with a license or certificate for radio, television or publication does not opt for any two or does not make arrangements for a separate person, organisation or management for the broadcasting or publication within the duration pursuant to SubSection (2).
(4) The words "institutions or joint venture with domestic or foreign person or" contained in Section 9 (1) are omitted.
(5) Following Section 11(a) has been added after Section 11. '11(a)': Not to broadcast programs from another place without permission: Any broadcasting institution shall not broadcast its program simultaneously from other than one place without obtaining permission from His Majesty's Government.

4. Section 15 has been replaced with the following Section 15.
(15) Shall not Broadcast: No one shall broadcast any materials containing the following matters:
a. Subject matters with negative effects on political parties
b. offensive matters
c. any matters whose objective is to instigate revolt against government by using violence
d. any matters creating unreasonable horror and terror in the public
e. any matters that misinterpret, dishonour, humiliate or dominate any caste, ethnicity, religion or culture.
f. any matters that discriminate, dishonour, humiliate or dominate any caste on the basis of their area of habitat.
g. any matters against the non-aligned foreign policy of Nepal.
h. any matters or material prohibited for publication pursuant to existing laws.
5. In SubSection (2) of Section 17 the words "fine up to Rs 10,000.00 " have been replaced with "fine up to Rs 100,000.00".

Amendment to Defamation Act, 2016:
Of the Defamation Act, 2016-
1. In Section 3, the words "if published" have been replaced with "If published or broadcast".
2. Section 5 is replaced with the following Section 5: Punishment for defamation or defamatory broadcasting or publication:
(1) Anyone defaming any other person shall be liable for a fine up to Rs 50,000.00 and imprisonment of up to one year.
(2) Notwithstanding anything contained in Sub-Section (1) anyone broadcasting or publishing any defamatory matter through any electronic or other means of mass communication deliberately or with reasonable cause to believe the occurrence of defamation shall be fined Rs 100,000.00 to Rs 500,000.00 or up to 2 years imprisonment or both."
3. In Section 6, the words "printed or inscribed" have been replaced with "published or broadcast" and the words "fine up to Rs 100.00" have been replaced with the words "fine up to Rs 50,000.00".
a. The words "fine from Rs 100.00 to Rs 500.00" have been replaced with "fine up to Rs 50,000.00".
b. The words "fine from Rs 100.00 to Rs 500.00" have been replaced with "fine up to Rs 50,000.00".
c. The words "fine from Rs 500.00 to 5,000.00" have been replaced with "fine up to Rs 50,000.00" and "fine from
Rs 100.00 to Rs 1,000.00" is replaced with "fine up to Rs 100,000.00".