Provincial Governments Challenge Federal Directive on State Advertising

Kathmandu. Provincial governments have challenged the federal government's decision to restrict government advertisements exclusively to state-owned media outlets. The Karnali Province government has already taken a formal decision to defy this directive.

Following the federal government's circular regarding advertising, private media houses and journalist associations have launched strong protests. Citing concerns over information flow and press freedom, the Karnali government decided not to implement the federal circular.

Schedules 6 and 7 of the Constitution of Nepal grant provinces the authority to establish media outlets and levy advertising taxes. Schedule 6(c) mentions 'radio, FM, and television operation,' while 6(d) includes 'house and land registration fees, vehicle tax, entertainment tax, advertising tax, tourism, agricultural income tax, service charges, and fines.'

Schedule 7(d) covers 'matters related to media.'

On Chaitra 18, the administration branch of the Office of the Prime Minister and Council of Ministers issued a secretary-level circular directing all public bodies, including provincial and local governments, to publish and broadcast notices exclusively through state-owned media like Gorkhapatra Corporation, Radio Nepal, and Nepal Television.

As media organizations continue their protests, more provincial governments are refusing to comply with the decision. Some provincial officials have stated they are not obligated to follow a secretary-level decision.

Ram Prasad Dahal, General Secretary of the Federation of Nepali Journalists, noted that since the circular was a secretary-level decision, provincial governments and Chief Ministers are not legally bound by it.

'Karnali and Gandaki provinces have already decided not to follow the circular, while Koshi and Madhesh are preparing to do the same,' Dahal told Ratopati.

The Karnali government has decided to continue providing public welfare advertisements to private media outlets. On Baishakh 4, Computer Officer Jyoti Shahi announced that the Office of the Chief Minister and Council of Ministers is accepting applications from media outlets for these advertisements in accordance with the Karnali Province Advertising Distribution Procedure, 081.

The Karnali government's decision states, 'Interference by the center in decisions falling under the provincial jurisdiction and the budget passed by the provincial parliament is unacceptable.'

Karnali Chief Minister Yamlal Kandel, during a meeting with Prime Minister Pushpa Kamal Dahal last week, expressed that the center should not interfere in provincial affairs through secretary-level circulars.

Gandaki Chief Minister Surendra Raj Pandey stated at a media fair in Baglung that the provincial government operates based on the constitution and provincial laws, not letters from federal section officers.

The Gandaki provincial government has not yet made a formal decision but is expected to do so soon.

A writ petition has also been filed in the Supreme Court against the government's circular by Advocate Ananta Raj Luitel on behalf of the Nepal Media Society, arguing that the decision undermines freedom of expression. A single bench of Justice Meghraj Pokharel has issued a show-cause order to the government and called both parties for a discussion on an interim order.