Bhutan Lacks Press Freedom (Press Release)
Association of Press Freedom Activists (APFA)-Bhutan
Press release
May 3, 2007
Media environment in Bhutan has not improved in the year 2006/07. The legislations adopted in 2006 have further curbed the freedom of press and freedom of speech and expression of the people.
The Bhutanese rulers never prescribed that media would be the best means to educate people and a good partner for the good governance. Until recently, the Bhutanese had no regulations on media. Even now, the media act and constitution have little provisions media freedom and right to information, speech and expression, implementation of these instruments has been squeezed.
There are no laws or rules and regulations so far adopted regarding press freedom guaranteeing right to speech of the citizens. Government officials indirectly censor on the news to be published or broadcasted or telecasted. Most programs made for government owned radio and television and news items prepared for government mouthpiece Kuensel go through vigorous filtering by the government officials.
Privatization of media began this year with government permitting publication of two weeklies and operation of three FM stations. However, there are serious restrictions imposed on foreign media especially on TV channels citing the contents telecasted by the channels hampered the 'unique cultural identity' of the country.
Bhutan Times started its publication from April 27, 2006 from Thimphu. It is the first private newspaper owned by Bhutan Media Service, is published from the country with permission received from the government.
Bhutan Observer began publishing from June 2, 2006. Published from southern town of Phuentsholing the tabloid basically focuses on rural life and poverty.
Bhutan Times comes out on Sundays while Bhutan Observer hits the stand on Fridays.
The government issued licensed to Kuzoo FM, Radio Valley FM and YFM. The Kuzoo FM 90 MHz started operation from September 28, 2006 and the second Radio Valley FM 99.9 MHz started operation on April 12, 2007.
There is only one TV station owned by the government.
The draft constitution does not adequately incorporate the principles of press freedom and freedom of speech and expression of the citizens and residents.
Sub Article (2) of Article 7 states, 'A Bhutanese citizen shall have the right to freedom of speech, opinion and expression and Sub Article (3) reads, 'A Bhutanese citizen shall have the right to freedom of thought, conscience and religion. No person shall be compelled to belong to another faith by means of coercion or inducement'.
Similarly, Sub Article (4) goes, 'There shall be freedom of press, radio and television and other forms dissemination of information, including electronic,' and the (5) goes as, 'A Bhutanese citizen shall have the right to information'.
However, there are a number of clauses included in the constitution that restricts the complete freedom of the press, rights to speech and expression and further it does not adequately guarantee the right to information of the citizens.
For instance Article 6/3/e of the constitution restricts the citizens of right to speech and expression or right to information with many vague provisions such as termination of citizenship if found speaking against the king, country and the people. The government has not explained what it meant by speaking against the king, country and the people.
Similarly, Article 7/21/e of the constitution states that the government can impose restriction by law in case of 'the disclosure of information received in regard to the affairs of the State or in discharge of official duties'. This objects the general public and the media persons to get right information about the subjects of public interest.
There are various other provisions that restrict the press freedom and freedom of expression. The draft constitution has objectionable provisions under Emergency section. Article 33/6 delivers greater power to the government to the extent that it can provide any kind of orders to local government.
The constitution does not guarantee that license of the publications, radio or TV stations would not be cancelled. The emergency power given to the government can force these media bodies to remain shut, permanently or temporarily.
Because the law does not guarantee 'no censorship' on the operation of media houses, government may cite the reasons like speaking against the country and the people to impose censorship to publication or broadcast of certain news.
The Media Act 2006 does not state that journalists will be consulted while formulating any laws, by-laws or regulation related to press freedom or media bodies. Article 13/3 empowers the information minister not to disclose any information if he or she 'assumes' that disclosure would have negative impact on national interest. Similarly Article 14/1 states that in the event of emergency 'the minister may by notification take over for a limited period the control and management of media services or suspend its operation'. The Act has also empowered the ministry to cancel the license issued for operation of the media bodies. Article 15 sufficiently empowers the government to impose unlimited censorship on media contents.
The act does not guarantee the security of the working journalists and also does not speak about the perks and other facilities that journalists must get from media organization in return to the services provided.
Government still restricts the transmission of some foreign TV channels. The government cites the eroding effect on Bhutanese culture as the reason to bar the transmission of such TV channels. Few news channels like Aajtak, CNN-IBN, fashion TV, MTV and few other Indian channels have been censored.
With the open environment created by the political changed after the April uprising in Nepal, the Bhutanese refugees in Nepal have expanded their involvement in media sector. More people have shown their interest into the media sector.
Papers like The Bhutan Reporter monthly, Child Creation monthly and Naulo Aawaj weekly continue to publish from Kathmandu and Jhapa.
In 2006, Association of Press Freedom Activists (APFA) – Bhutan began online as well (www.apfanews.com). From February 2007, APFA has also started a weekly radio program in cooperation with Nepal FM 91.8 in Kathmandu. The APFA has been working to relay the radio program from at two FM stations in eastern Nepal: from Jhapa and Ilam districts. It hopes the Jhapa transmission would help them reach the refugee community while the FM in Ilam district will make the program reachable to around half of the western Bhutan. This would help increasing public awareness on importance of media at the same time safeguarding the right to information of the people inside Bhutan who live in limited access to media. APFA is also working on making the radio program available online so that people from all around the world can hear.
We demand that all vague provisions be revised in the draft constitution and media act and that all powers given to the ministry or the government to cancel the licenses or stop the publication or transmission or telecast of the newspapers, radios and TV be removed to guarantee that once registered media houses are allowed to work unhindered.
Vidhyapati Mishra
General Secretary
Association of Press Freedom Activists (APFA) – Bhutan