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NEPAL – Government amends film regulation to increase censorship

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The amendments of Nepal's Regulation on Film in
February increase censorship, said a joint statement of three non-governmental
organisations in Nepal, issued on 31 March 2009. The organisations, ARTICLE 19,
Federation of Nepali Journalists (FNJ) and Freedom Forum (FF), further pointed
out that the government will has bigger control over distribution of film under
the amendments.
The amendments of Nepal's Regulation on Film in
February increase censorship, said a joint statement of three non-governmental
organisations in Nepal, issued on 31 March 2009. The organisations, ARTICLE 19,
Federation of Nepali Journalists (FNJ) and Freedom Forum (FF), further pointed
out that the government will has bigger control over distribution of film under
the amendments. Below is their statement.

Amendments to Nepal's Regulation on Film (Production,
Exhibition and Distribution) 2057 (2001 AD) were published in the Official
Gazette on 2 February 2009. The amendments, proposed by the Ministry of
Information and Communication with the advice of the Film Development Board,
increase the scope of prior censorship and impose further limitations on the
distribution of foreign films and participation by foreigners in the Nepali
film industry.

An Agenda for Change, a joint ARTICLE 19, Federation
of Nepali Journalists (FNJ) and Freedom Forum (FF) publication setting out a
comprehensive programme for freedom of _expression reform in Nepal, addresses
the issue of film regulation. Recommendations 61 and 62 call for the abolishing
of all prior censorship of films and the Film Censor Board, and for the
transformation of the Film Development Board into an independent body tasked
with developing the film industry in Nepal.

"ARTICLE 19, FNJ and Freedom Forum strongly condemn
these amendments", said Dharmendra Jha, President of FNJ. "This demonstrates
the attitude of government and proves that it is not committed to promoting
freedom of expression despite having made a commitment to this on many
occasions".

The major problems with the amendments are as follows: 

  • The regime
    of prior censorship – including in relation to licensing, producing, importing
    and releasing films – are more onerous than before.
  • Only
    Nepali citizens may own cinemas and the equipment they use.
  • Nepali and
    foreign films may not be released on the same day in the same cinema.
  • The
    government has more power over the release and distribution of film.

ARTICLE 19, FNJ and FF call on the Nepalese
authorities to abolish these regressive provisions on film regulation and
instead to put in place a system for film regulation which respects
international and constitutional guarantees for freedom of _expression, in
accordance with the recommendations in the Agenda for Change.