Supreme Court Issues Show-Cause Order Against Setopati Online Over Election Polls Coverage

Kathmandu. A show-cause order has been issued against Setopati Online following a writ petition filed alleging that it disseminated news involving vote surveys and advocacy for specific candidates during the House of Representatives elections.

A single bench of Supreme Court Justice Shrikant Paudel issued the show-cause order in the name of Setopati Online. Furthermore, the court has called both parties for a hearing regarding an interim order.

Students from Kathmandu University School of Law, Ayush Badal, Akash Dhakal, and advocate Abhas Regmi, filed a writ in the Supreme Court demanding a mandamus order to stop Setopati Online from publishing news that violates the election code of conduct.

The writ stated that Setopati Online's publications nullified the constitutional right to privacy under Article 27, created confusion, and violated the Code of Conduct for Journalists, 2073, and the Election Code of Conduct, 2082.

The materials published by Setopati, including titles such as "Sobita Gautam will win the election in Chitwan-3: Renu Dahal second," "Main contest in Kathmandu-3 between Raju Pandey and Kulman Ghising," dated 2082/11/8, "Rastriya Swatantra Party's Bipin Acharya far ahead of others in Dang-2," dated 2082/11/10, "Rastriya Swatantra Party's Sulabh Kharel far ahead of other candidates in Rupandehi-2," and dated 2082/11/11, "Rastriya Swatantra Party's Shishir Khanal ahead again in Kathmandu-6," were argued to be unconstitutional, illegal, malicious, and arbitrary at first glance, as well as completely contrary to international human rights law.

Moreover, the Supreme Court issued a show-cause order in the writ filed by Setopati after the Election Commission and the Press Council wrote letters alleging a violation of election and journalistic codes of conduct while publishing election analysis. Setopati's Chief Editor Amit Dhakal filed a writ in the Supreme Court against both bodies, arguing that the letters written by the Commission and the Council were contrary to the constitution.

Setopati approached the Supreme Court seeking an order to refrain from stopping the publication of election analysis. The writ stated, "May a prohibition order be issued to remove the election analysis prepared and published after consulting voters in the concerned areas and to not stop the publication of upcoming analyses," and further requested, "May an interim order be issued not to remove the published materials or stop the publication of materials ready for publication until the final decision of this petition is reached."

Setopati Online asserted that it published election analyses within the boundaries set by relevant laws by exercising fundamental rights guaranteed by the Constitution, such as the freedom of thought and expression, the freedom to pursue profession and occupation, the right to equality, the right to communication, and the right to information, and continued to publish such analyses thereafter.