Media development in Nepal since 1990: challenges and central role of regulation and reform (Source: Equal Access 2007) Nirmal Prasad Rijal A thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy School of Media and Communication Royal Melbourne Institute of Technology University Melbourne, Australia March 2014 1 Keywords Nepal, media, democracy, diversity, pluralism, media policy, regulation, conflict, transition 2 Abstract This thesis is the result of an exploration of the development of media in Nepal from 1990. 1990 is the year that Nepal began a prolonged transition to democracy. This transition included multiple civil movements aimed at freedom and democracy; an armed civil conflict; sweeping socio-political transformations; and a protracted and yet incomplete peace process. Nepal emerged from decades of autocracy in 1990 and liberal constitutional and legal provisions facilitated increased citizens’ participation in media and politics, the strengthening of civil society, and an emphasis on identities. However, growing political polarization, bad governance, a decade (1996-2006) of armed conflict, a royal coup and an unresolved peace process have made the transition to democracy complex and protracted. The central argument in this thesis is that media reform is a complicated task when a State is not stable and unable to effectively provide the basic functions related to order, security and rule of law – functions that only the State can provide. In the absence of an effectively functioning State and adequate public policy, there is a high likelihood that media becomes subject to political and commercial manipulation, especially when the existing media regulatory environment fails to keep pace with the rapidly changing media landscape, and when there are gaps in regulation. However, expansion of the media in terms of growth in media outlets can continue to occur even when investment in the media is understood as not commercially viable. In Nepal, such expansion results from political and commercial influence. The ease of access, the benefits of proximity to power, the opportunity for image cleansing and immunity from prosecution, provide a safe space for investment. As a result, such expansion does not necessarily translate to pluralism, especially when the regulatory environment is weak or inadequate. This thesis argues that the State has a central role to play, especially during phases of transition, in ensuring that citizens continue to have access to public cultural goods, communication media being at the forefront. Hence, the focus of this thesis is on how the rapid expansion of the media, the media regulatory environment and the various challenges associated with the transition in Nepal have affected media development and their role. This thesis draws on qualitative data collected through 44 in-depth semi-structured interviews and one group interview conducted in Nepal in 2011 and 2012. It also draws on a review of 30 articles on the media published by leading media providers in Nepal between 2010 and 2013. Finally, it draws on 2 regional media managers’ workshops in 2011. An inductive 3 approach to analysis is taken within a grounded theory methodology. The thesis examines, and critiques theories related to the critical political economy of the media and those related to diversity, pluralism, democracy and public good. This thesis explores how, since 1990, various factors have contributed to a rapid expansion of the media in Nepal and the particular characteristics of media diversity and pluralism that have emerged. It exhibits a rather complex relationship between media diversity and pluralism demonstrated by the range of views that either herald the expansion of the media as being in the interest of media plurality or criticize it for engendering chaos and cacophony. Arguments on each side either perceive the expansion as promoting more social, cultural and political views and opinions, or contributing to their growing polarization. The situation of the media policy framework and reform has been assessed to understand regulatory provisions for investment and ownership, and how these affect media development. This thesis also discusses how the media policy framework in Nepal has failed to keep track of not only the social and political transformations embracing the country, but also the rapid changes to media technology. Despite frequent formation of commissions, committees and task forces to study and recommend media policy reforms, institutionalization and implementation of such recommendations have seldom been carried out. The importance and lack of media capacity – institutional and journalistic – has been highlighted as a major factor influencing the media's capability to function as a public good. This thesis points to the need for public policy that promotes the practice of local, indigenous and endogenous media production for strengthening small and unorganized media markets. Such practice might ensure that local media enterprises remain independent from centralized media networks in terms of their governance and management mechanism as well as their editorial and content policy. Public policy might also ensure the decentralization of resources for the media, the absence of which can very easily lead to local media joining or being co- opted by centralized media networks. Such a phenomenon can lead to media concentration even at the local level, thereby limiting media plurality. Finally, this thesis assesses how public service broadcasting is considered a plausible public good despite generally perceived as being detrimental for media plurality. 4 Table of contents Keywords ................................................................................................................................... 2 Abstract ...................................................................................................................................... 3 Table of contents ........................................................................................................................ 5 Statement of original authorship ................................................................................................ 7 Acknowledgements .................................................................................................................... 8 1. Introduction ........................................................................................................................ 9 1.1 Aims, context and significance of research and thesis .............................................. 13 1.1.1 Thesis Aims ....................................................................................................... 13 1.1.2 The context......................................................................................................... 14 1.1.3 The significance of this thesis ............................................................................ 20 1.2 Research problem and key research questions .......................................................... 24 1.2.1 Key Research Questions .................................................................................... 27 1.3 Summary of findings and recommendations ............................................................. 27 1.4 Thesis chapter organization and description ............................................................. 31 2. The media and Nepal’s transition to democracy .............................................................. 34 2.1 Nepal: an introduction ............................................................................................... 34 2.2 Modern history: uprisings, coups and experiments with democracy ........................ 36 2.3 The conflict: root causes ........................................................................................... 39 2.4 Post-conflict transition, peace-building and geo-politics .......................................... 41 2.4.1 Transition and peace-building............................................................................ 41 2.4.2 Geopolitical dimensions..................................................................................... 48 2.5 Media in Nepal: history, role and vulnerability ........................................................ 50 2.5.1 Media history in Nepal....................................................................................... 51 2.5.2 The media role ................................................................................................... 52 2.5.3 Media vulnerability in weak states and interventions ........................................ 57 2.6 Conclusion ................................................................................................................. 62 3. Democracy, civil society and the media .......................................................................... 63 3.1 Democracy and civil society ..................................................................................... 63 3.2 Democratic models and trends .................................................................................. 71 3.3 Media and communication theories .......................................................................... 79 3.3.1 The evolution of media and communication study traditions ............................ 80 3.3.2 The political economy of the media................................................................... 85 3.3.3 Public good provision: the