Regulating advertising in Nepal

There is no specific law relating to advertising in Nepal. Advertising is affected by the relevant constitutional provisions, governmental administrative regulation and self regulation of the industry itself. As advertising is directly related with the media, to see the legal provision in the country, it is necessary to observe the constitutional provision on press. The earlier constitutions of Nepal introduced in 2004 BS (1948), the interim constitution in 2007 BS (1951AD), Constitution of Kingdom of Nepal-2015 BS and Constitution of Nepal 2019 BS (1962) had endorsed freedom of press as fundamental rights of the people. These provisions in the constitution can be interpreted license to advertising in the country.

However, the first prototype code was promulgated in the form of a decree (Sanad) issued by Prime Minister Dev Sumsher J.B. Rana to guide the operations of first official newspaper ‘Gorkhapatra’. The decree set limits as to what were not to be printed and gave freedom to what should be printed for public knowledge. This was the first time; advertising was prioritized through the decree published in 1958 BS. It states “advertise useful facts for all” (Duniya lai Hunya Istihar……) (cited in Devkota- 2024 BS). These shows advertising had also been prioritized during the initiation of Gorkhapatra.

The Interim Constitution of Nepal-2007 has the provision in the Article12, which says all citizens have freedom of opinion and expression. Likewise, Article 15 provides the Press, Publication and broadcasting rights to all the citizens and has guaranteed that pre censorship in any of the written matters shall not be allowed unless it undermines the sovereignty and integrity of the country or which may jeopardize the harmonious relations subsisting among the people of various castes, tribes or communities; or any act of sedition, defamation, contempt of court or incitement to an offence; or on any act against which may be contrary to decent public morality and behavior. Though the provision in the constitution does not have clear code for advertising, it has enough room that can be interpreted by the lawyers as being related to advertising.

Likewise, all the advertising agencies, to work within the country, have to be registered as service industry at Cottage and Small Scale Industries Department, Commerce Department. It is regulated by Company Act 1958 and Cottage and Small Scale Industry Act 1963. The Press and Publication Act 1991 (2048), The National Broadcasting Act 1992, Cinematograph Act 1969 regulates advertising. There are also laws that directly relate to advertising but it is also affected by the general limitation on the content of messages, under different laws from copyright to the Public Offences laws. The Defamation and Libel Act- 2016 in Section 6 has the provision for punishment against publishing of any materials which have libelous character. Likewise, Nepal’s Copyright Act -2022 has clearly mentioned that advertising through any media the creative work that belongs to others is a punishable act.

Advertising is also affected by Consumer Protection Act 2054, which states information on the product, and service can be provided to the consumers. The information must be truthful on the quality of the product and service. Likewise, the Children Act 2048 also has the provision that the children should not be exposed negatively in the media. In accordance with the Medicine Act, Nepal Medical Council (NMC) has framed a Code of Conduct to regulate advertising. The Code of NMC says it is unethical to solicit patients “directly or indirectly by a physician, by groups of physicians or by institutions organizations”.

Also Nepal Bar Association has framed a Code of Conduct for Lawyers in 2051. It says that for the commercial purpose advertising on the legal firm must not be done. Also it has the provision of punishment if violated; the punishment can effect the cancellation of the registration of the firm or the lawyer.

Advertising is also regulated through the Directives on Advertising of the government owned media. Gorkhapatra Corporation Advertising Directive-2053 (amended 2057); Radio Nepal Advertising Directive-2060 and Nepal Television Commercial Directive-2059 (amended 2061) also have the legal base on the types of advertising that could be published by those government media. The government has banned the advertisements related to alcohol and tobacco products in the electronic media since 2055BS. However, the advertisement of alcohol and tobacco has picked up in the newspapers and in the hoarding boards of the capital and other parts of the city.

The Code of Conduct for the Journalist also affects the advertising, the Journalist Code of Conduct 2003 has clear provision for advertising in Section-4, sub-section 12 that restricts “to present advertising in the form of news”. It elaborates neither to present an advertisement as news nor to refute news by way of advertisement; and a communication media shall generally refute news published and broadcast in another media.

Other lesser media like hoarding, leaflets, and mobile media are also used and are governed by laws related to print and electronic media. The concerned municipality now handles the management of hoarding board and banners and posters and wall painting in the public area.