Former editor sentenced for defamation as media groups decry ruling as blow to press freedom

A former editor of the Rajdhani Daily, Saroj Mishra, has been sentenced to four months in prison and fined by the Kathmandu District Court in a criminal defamation case. The verdict, delivered on April 8 and authenticated on June 9, also requires Mishra and the newspaper to pay a total of 500,000 Nepalese rupees in compensation to the plaintiff.

The court found Mishra guilty under Nepal's National Penal Code, concluding that a report published in July 2023 had damaged the plaintiff's character, conduct, morality, and reputation without adequate factual support. The report, headlined "The Arbitrary Actions of Three Colonels in the Army’s Legal Department," allegedly contained false claims about Advocate Shobha Karki, including influencing court proceedings and accumulating illicit wealth.

Karki had filed a criminal defamation case seeking 10 million Nepalese rupees in damages. The defense argued the article did not explicitly name Karki and that a clarification had been issued. However, the court rejected these arguments, stating that the description in the article made Karki identifiable. The court also noted the newspaper's failure to produce credible evidence to substantiate the allegations.

Media organizations and press freedom advocates have strongly criticized the ruling, labeling it a serious setback for freedom of expression in Nepal. The case highlights ongoing tensions between media reporting and defamation laws.

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The defendant has been found guilty of damaging the plaintiff's character, conduct, morality and reputation based on speculation without sufficient basis.