South Asia

Nepal jitters over foreign media investment
By Dhruba Adhikary

KATHMANDU - People associated with The Himalayan Times, an English daily, appeared exhilarated when its management decided to celebrate the newspaper's first anniversary late last year by organizing a "mega bash" on the lawns of a luxury hotel. Addressing the media crowd assembled to share the occasion, a confident-looking managing director, Ravin Lama, proudly announced, "With the completion of one year, the paper has proved wrong Nepali media pundits who predicted THT would not be able to survive."

As the events in subsequent weeks have shown, though, Lama has been proved wrong. His belief that initial noise against foreign investment in the print media would disappear over time was not a realistic reading of trends. In fact, it turned out to be a preposterous calculation, especially in the context of continuing media reports that Lama worked as a conduit for an Indian media giant, Asia Pacific Communication Associates (APCA), to provide finances to the newly-launched English daily. Through an advertisement in Outlook, an Indian news magazine in December 2001, APCA said that it was setting its foot in Nepal "to redefine its media industry".

Worse still, less than three weeks after the newspaper celebrated its first anniversary, its publisher, Ujjwal Sharma, dissociated himself from the paper. He publicly disclosed that the newspaper was being run through "covert Indian investment". Sharma, a Nepali national, issued a public apology for being irrational in the beginning. Authorities are now investigating the issue, and Lama is separately facing a legal enquiry on charges of obtaining Nepali citizenship on the basis of false information and documentation. The District Administration Office in Kathmandu, where the newspaper was formally registered, has initiated procedures to de-register it.

Sharma's revelations attracted attractive headlines in several Kathmandu newspapers. "India makes inroads into Nepali media," read the banner headline in the People's Review, an influential English weekly. Saanghu, a Nepali language newspaper, published a detailed story to tell its readers that those behind APCA had begun approaching "power centers" to protect their illegal investments.

Such words imply the palace of King Gyanendra, who dismissed the elected prime minister and assumed all executive powers on October 4 last year. Prabhakar Rana, who used to look after Gyanendra's business interests before he became the king in the aftermath of the royal carnage of June 1, 2001, is being frequently mentioned in the media as the person through whom APCA is trying to find a way out to remain in Nepal.

Whether the power centers will be impressed by this newspaper's controversial attempt to project King Gyanendra as the "Personality of the Year" (2002) is a matter of conjecture. Similarly, it also remains a matter of speculation whether the frequent visits to Nepal of Dileep Padgaonkar, an Indian journalist associated with APCA, will have any effect on the ongoing official probe. Padgaonkar's recent write-ups in The Times of India have focused on Nepal, some of which are based on his audience with King Gyanendra.

Nepal's laws and long-term official policy on media do not permit foreign investment in the print media. That, perhaps, was the reason why APCA investment came through the back door, to put it in the words of Jaya Prakash Gupta, the then minister in charge of the Information and Communications Ministry. Gupta is not a minister any longer and is currently facing corruption charges from an anti-graft agency.

The Himalayan Times, which operates from APCA House, is mainly run by journalists "imported" from India, although the top editorial posts have been offered to men with Nepali-sounding names. Its accounts and activities have not been transparent, leaving room for doubts about the entire project, although it recently added a Nepali language daily to its fold.

Nepal's literacy percentage is low. Only one half of the country's 23 million people can read and write.

Both The Himalayan Times and the recently-acquired Nepali-language Annapurna Post, printed on broadsheet paper and containing 12 color pages, are sold at a throwaway price - two Nepali rupees a copy. This is not a price, agree media market people, that can bring in any profit. And space occupied by advertisements is visibly limited. What, then, could be the reason for publishing these newspapers in Nepal?

Hindu Saptahik is one of the newspapers to suspect that the Times and the Post are both financed through funds supplied by India's external intelligence agency, the Research and Analysis Wing (RAW). But the Indian embassy in Kathmandu has refrained from issuing any reaction to these reports to date.

"Investment to launch a newspaper can't be compared with investment made on a soap factory," says Pushkar Lal Shrestha, editor-cum-publisher of Nepal Samacharpatra, a Nepali daily, which is among the leading critics of foreign investment in the Nepali media, both print and electronic. "Media is related to a market of ideas, including political ones," he elaborates to justify his point. "Media owners' decisions can affect the national agenda; hence foreigners should not be allowed to own our media."

One strong argument against foreign investment in the media is based on constitutional provisions. Freedom of expression - and by extension the right to information and publication - are granted to citizens of the countries concerned. "Clearly, the rights granted to Nepali citizens cannot be conferred to citizens of India or any other country for that matter," says former attorney general Badri Bahadur Karki, a constitutional expert. "It is so obvious that it hardly begs any other interpretation or argument."

The long-term communication policy of the government is comparatively liberal for the electronic media, where foreign investment of up to 25 percent is permitted. "Electronic media should not have been made an exception," contends P Kharel a seasoned mediaman who once served as the editor of The Rising Nepal, an English daily. Grounds for manipulations remain extremely high, Kharel says, when authorities are allowed to retain discretionary powers.

Critics of the government policy think it unsuitable in this age of globalization. Free media associations that advocate for the free movement of media persons and media products also find the idea of regulating investment in the media somewhat foolish. According to them, restrictive measures automatically discourage investment useful to create gainful employment opportunities, and broaden the base of tax revenue. Investment should also be invited from countries in Asia, Europe and America as this will help institutionalize political plurality in Nepal, they argue.

"When the issue of the fourth estate comes up for debate, political considerations are bound to overtake economic advantages," says Tirtha Koirala, editor of the fortnightly "Nepal" news magazine, owned by the publishers of The Kathmandu Post daily. When a larger democratic country like India has not allowed unrestricted investment in the media, how can a smaller - and relatively inexperienced - Nepal accept to absorb pressures that enter Nepal along with the investor? This view of editor Koirala is shared by other professionals. Lack of transparency in business deals and transactions is the main reason for their concern. India, after a protracted debate spanning over two years, decided in June 2002 to allow 26 percent foreign direct investment in news and current affairs publications. There is an additional condition that Indian nationals should be given the editorial control of such publications.

Up until that time, India's prohibitive policy was based on a cabinet resolution of 1955 which stipulated that "no foreign-owned newspapers or periodicals should, in future, be permitted to be published in India". It was this cabinet decision that provided Indian newspaper barons with ammunition to attack potential foreign investors. The Times of India was one of the newspapers to fiercely oppose FDI in the print media, and its editor, Dileep Padgaonkar, acted as one of the crusaders. His concerns over "ideological domination and political interference" gained wide publicity in the Indian press. "This country has paid a heavy price for turning a blind eye to foreign funds," Padgaonkar was quoted as saying.

Ironically, it is the same Padgaonkar whose APCA is now being accused of trying to do the opposite in Nepal. "This is yet another instance of double standard India practices in South Asia," says Madhav Kumar Rimal, editor of the Spotlight weekly. "If external money in media is harmful to India, how can the Indian money bring in goodness to Nepal?" he wonders.

People outside of the media industry, too, think it rational to take legal measures aimed at protecting the interests of the country and its society. "National media is inherently related with the nation's security," says Karna Thapa, managing director of Kanchanjangha Security. "If the media loses its national character, the country's security is bound to be at a stake," adds Thapa, a retired army major.

"Should a powerful tool like media be allowed to be owned by foreigners, Nepal's security and national interests are bound to be in jeopardy," says Krishna B Bhattachan, professor at Tribhuwan University.

Educated people in Nepal do understand that government actions taken in the larger public interest are tolerated, even in highly developed countries such as the UK and the US. Stung by criticism over Richard Desmond's purchase of the Daily Express in 2000, the British government subsequently added a clause in the relevant law to block takeovers of newspapers by "undesirables" such as porn barons.

Nepalis agree that it is essentially an issue that requires adequate attention and courage on the part of the establishment.

"What we in the Nepali media are presently doing is to give the authorities a nudge so that they open their eyes before it is too late," explains Kapil Kafley, deputy editor of Nepal Samacharpatra. "Needless to repeat, this country won't have a future unless mistakes of the past are rectified."

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Jan 21, 2003


Indian media laid bare (Oct 23, '03)

 

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