Working Journalist Act

Background

The Working Journalists Act as first passed in 1995 was criticized for its inadequacies and thus an amended version was passed by Parliament in 2007. The law has specific provisions on salaries and working conditions for journalists, but even the state-run media and most of the private media have not implemented the provisions.

Furthermore, in spite of the fact that Nepal’s Supreme Court ruled in May 2008 for the creation of a Press Register Office in charge of monitoring implementation of the WJA, the office has yet to be set up. The government has also not followed up on its obligation to develop the necessary monitoring and regulatory mechanism specified in the WJA. It has also ignored the order of the Supreme Court to constitute a body to regulate and monitor the implementation of the Act. The WJA, as amended, has important provisions on security of employment and periodic wage revisions for media workers. A basic minimum wage can be specified under the act, subject to periodic revision. The law also makes it mandatory working journalists should be issued letters of appointment by all media establishments, assuring them of security of tenure. Short-term contractual employment would be permitted when circumstances warrant, but would not under any circumstances, exceed 15 per cent of the total number of journalists in the news organization. A standing body of 13 members to monitor levels of compensation in the industry and oversee job security issues was conceived under the law.

Introduction

It is a journalist's job to find news and to report on it as quickly as possible, in an arresting and engaging style.

Whether reporting on a local planning decision or a dramatic international conflict, journalists play a key role in society. They keep communities informed and satisfy the public's right to know.

Most journalists start out as general news reporters. Their daily tasks might include:

·        attending press conferences, court sessions, council meetings and other scheduled public events

·        interviewing the people involved in news stories, in person or by telephone

·        following up news releases, calls from the public or tip-offs from personal contacts

·        writing news stories from notes taken, often to tight deadlines.

Reporters may use shorthand or tape recorders, or a combination, to take records of what is said. They type their stories onto computer.

The work involves close working with colleagues, such as photographers. A news editor usually assigns tasks to reporters.

Other types of journalist include:

·        sub-editors, who check and shape the reporters' work and add headlines

·        feature writers, who produce longer pieces that are less time-sensitive

·        columnists and commentators

·        those who specialise in a particular field, such as sports, politics or health.

The rolling deadlines of news operations can make the work demanding. Even weekly newspapers and magazines often have daily requirements to 'fill' a certain number of pages. There is often pressure to get stories in advance of rivals. Getting the required information can be challenging. Some people are wary of journalists, or may simply want to conceal information. (kharel, 2000)

Journalists also need to make sure every story is balanced giving all parties a chance to have their say. Awareness of the law is important too an unjustified allegation could expose the news organisation to a potentially expensive court case Working journalist means those journalists who are related with the profession of journalism such as the chief editor, correspondent, stringers, news reader, program director, translator, web designer columnist photojournalist, camera person, cartoonist, program producer or operator or audio or language editor in a communication enterprise.  

There are opportunities in Nepal, but competition for posts is keen. Enthusiasm and work experience are vital. Journalists are employed by local and national newspapers, broadcasters, news agencies, magazines and online news operations. Most journalists have a degree, as well as a vocational or postgraduate journalism qualification. Their degree may not need to be in journalism, although many universities offer courses in media studies or similar subjects.

Journalists train on the job. They may also study on day release or work towards work-related qualifications. Some big news groups, such as the NPI, run in-house training schemes. There are also short courses to help them learn new skills. With experience, journalists may move on to lead a team of reporters, or they may specialise in a field such as crime or business reporting. They can change to a publication with a larger circulation, or from print to broadcast journalism. Some take on new responsibilities, for example, as sub-editors and ultimately editors. Others move into press and public relations work.

First the definition of WJA only includes those journalists who only work in print media. Those journalists who work in electronic media were forgotten. The definition of working journalist was amendment in 2064 then it includes other working journalists of radio, television and online media. The working journalist are define according to their position and how much time they provide for media houses.(Media Study Report 2067)

Major provision in WJA (Working Journalist Act) in Nepal not engages in work without making appointment.

1.     Working journalist act 1993 has ensured that media owner can’t engage any person in the function of any person post of any journalist without making any appointment.

2.     Post to be fulfilled by open competition

3.     Provision of appointment in contract basis.

4.     Media houses can appoint a person to the post of working journalist on contract basis. Specifying a specific period of time. However according to the act such appointments may be made only up to fifteen percent of the total number of working journalist engage in the concern communication enterprise.

5.     Six months of probation period.

6.     Working hours of time of work to be done by a working journalist in a week shall not exceed 48 hrs in each week.

7.     Minimum remuneration committee the act has envisaged a minimum remuneration fixation committee to make recommendation to the government of Nepal as to the fixation of minimum remuneration to which working journalist are entitled and review of such remuneration as required.

If for any reason the committee is not able to fix the wages of working journalist and recommend it to government itself may fix the minimum remuneration.

Formation of the Committee

1.     Chairman      : the government appoints Chairman

2.     Member(1)    : representative from ministry of information and

                              Communication

3.     Member(2)    : Ministry of Labor and employment

4.     Member(1)    : member of FNJ

5.     Member(3)    : From among working journalist including at least a

                             Woman

6.     Member(3)     : From among managers

7.     Member(1)     : Labor and finance expert

8.     Member secretary : Press registar

The act has made by the media houses liable to establish a welfare fund.

Minimum Wages

The government has approved the revision of minimum wages for working journalist as proposed by minimum wages fixation committee in 2011. The government approved a minimum of Nrs 1008 as per wage for a journalist working in a national level media house. Likewise the government approved rupees 7228 for journalist in publication houses other than national level media.

Working journalist Condition in the World

The journalists working conditions can be defined as the political, legal, professional and social environments in the society and in the workplace where the journalists live and operate.

Media Relationship with Governments in Africa over the past two decades has been characterised by various negative factors that have continued to impede on its progress. African governments have adopted obnoxious media legislations to ensure that they gag the independent press. These included outrageous registration and licensing fees, archaic defamation laws that imprisoned journalists for their work and forceful arrest and detention of journalists without trail. (www.ifgafrique.com). Journalists in Nepal continue to receive death threats; face intimidation and harassment; arbitrary arrest and detention; are severely beaten and tortured; while media houses are relentlessly raided by state security agents and publications and media equipment seized and destroyed. On the other hand, the public media in the continent continued to be monopolised by governments and in most instances are used as propaganda machinery.

The safety of journalists in African has been a cause of major concern. In many parts of the continent, journalists and media workers have been forced to go into exile, maltreated, jailed and assassinated for exercising the right to independent journalism and to free speech. The most appalling instances have been happening in Somalia, Ethiopia, Eritrea, Zimbabwe, DR Congo, The Gambia, Swaziland, Niger, and Chad. In Eastern and the horn of Africa, thirteen (13) journalists are still languishing in jail in Ethiopia at the Kality prison in Addis Ababa; fifteen (15) other journalists are held incommunicado in jails in Eritrea. In the Gambia “Chief” Ebrima Manneh, a Gambian journalist, was arrested in July 2006 and has been held incommunicado. In Niger Moussa Kaka and his colleagues have been jailed over the last six months without charge. The assassins of journalists in Burkina Faso, DR Congo, the Gambia, Somalia, and Zimbabwe are yet to be brought to justice. The right to inform and to access information is one of the conditions for and criteria of democratic governance. It implies respect for freedom of expression and, particularly, the public’s access to the means of information as well as access for journalists to information in the public domain, media pluralism and the existence of a public service media. (African Working  Journalist Research Report, 2009)

The current working conditions of journalists in represent a major impediment to their capacity to perform in line with professional ethics and professional obligations. Poor conditions of services for journalists, weak unions’ activities, gender inequality, and low membership remain a major concern in the continent. Thus, the status and state of the professional organizations, which often lack the basic capacities and means to design sustainable, progressive programmes of action on behalf of their members, requires immediate and direct intervention if realistic prospects for meaningful change are to be realized.

Most journalists working in the continent have no job security. They are deprived from any form of social security, health benefits or other forms of social welfare benefits, while some are owed numerous months of salaries. Closely related to this, is the fact that most Africa journalists, especially those in the lower cadre who work as reporters, are poorly paid and ill motivated which partly explains the poor performances of these journalists and most importantly, the continuous disregard of the ethics of the profession.

In Europe the condition of working journalist is quite good. They are enjoying freedom in their profession and have professional practice. In Latin American countries slowly the condition of working journalist is happening better. The conditions of SAARC working journalist seem to be not good. The condition of working journalist in Middle East and ASEAN countries looking not to be good. The conditions of the country depend upon how the media practice is happening, it matters. 

Working Journalist Act and its Implementation in Nepal

The conditions of working journalist in the country haven’t improved even after the implementation of minimum wages system in media houses. Freedom House a US based organization working for democracy says many workers act Nepal’s news outlets don’t receive professional training are informally employed and are paid well below prescribed minimum wages.

A report prepared by minimum remuneration fixation suggests that 37 percent of the country journalists are paid below the prescribed minimum wages why forty five percent are working without letters of appointment.

Working journalists Suffer from different Pressures in Nepal

1.     Economic pressure

2.     Political pressure

3.     Gangsters

4.     Commercial pressure

5.     Management pressure

From above pressures working journalists are suffering in different level. They feel the pressure in some extent the media houses are also responsible for this sort of things. Journalists do not usually earn big money. Journalist may therefore be vulnerable to bribery - somebody offering money (or goods or services) in return for a favorable story being written, or an unfavorable story being ignored.

To accept a bribe is dishonest. Journalist honesty is like virginity - it can only be lost once. Once he\she have accepted a bribe, he can never again be trusted as a professional person.

Journalists who are offered bribes will usually be offered them in private. This is so that the person attempting the bribe can later deny that it ever happened. If this happens, he should immediately invite somebody else into the room, and then ask the briber to repeat their offer. They are unlikely to do so but, if they do, he will have a witness.

In many countries there is same condition of issue raising process. Many people who are leaders of working journalists raised the voice of working journalist but when they out of their job, they remain silent. Many organizations, politicians give their words to make some changes in remuneration of working journalist but not in reality. They take advantage the professions of working journalists in reality but what they have to do their responsibility remain in zero level.

Conclusion

Until the 1990s, newspapers in Nepal were barely able to survive because of extremely poor distribution network. Most newspapers were confined to Kathmandu in terms of regularity and circulation. Journalists either worked voluntarily or were poorly and irregularly paid. Those who worked in the media did out of sheer enthusiasm.

According to P kharel the situation is not much different even in the new millennium when journalist and other staff working for even large media groups are not paid for two months. The media in the districts undergo worse situations as far as regular payment to journalists is concerned. Ill paid and untrained journalists cannot deliver the best of their service at all times.

The last tome Federation of  Nepal Journalists issued membership, the requirement for new members was to submit their appointment letters that were expected to meet the minimum remuneration and other service conditions laid down for journalist by the minimum Wage Determination Committee formed by the government of Nepal. (Kharel, 2012). But as noted by Manohar Swanr the duration end of the appointment letter was shown as the last date for submitting the application for membership, thus clearly indicating that the minimum working journalist conditions were not fulfilled and the letters were merely a ploy to obtain membership. Swanr says “the percentage of journaliss receiving less than the remuneration mentioned in the appointment letters is more than 80 percent. (Kharel, 2010)

 The minimum wages for Nepal was to have come into effect since mid April 2009. The first working journalist’ act, introduced in 1996, was ignored by almost all media houses. The government media that have generally been paying their editorial staff more than what an average private sector journalist receives. This means that most journalists are “volunteer journalist” with little or no pay. After the first amendment to be the Working journalist Act in 2007, a minimum wages determination committee was formed. On its recommendation, the government announced the application of the minimum wages for journalists and other staff working in news media organizations in 2008. (Kharel, 2012)

While most journalists were not paid the minimum wages prescribed by earlier, a new list of minimum wages for journalists has been recommended at RS 7228 to 10,008. The new wage scheme, if applied at all, would be substantially less than te salary drawn by a motor vehicle driver in government service. In the absence of minimum qualifications prescribed   for a journalist, the scribes are treated merely as semi-literate labour in factories and industries. Prescribing a minimum educational qualification for journalist would mean having to pay significantly higher salaries than what is being proposed and not yet carried out at full length across the country. In a writ filed by Federation of Nepal Journalists President Shiva Gaule and a lawyer, the Supreme Court in February 2012 gave a verdict directing all media houses to implement the minimum wage fixed for.

Scribes even with the revised salary scales live on the margins, aggravated by long delay in payments. Limited advertisement revenues have rendered difficulties to many media organization less than effective in improving the quality of their services. This has created situations whereby individuals and institutions are hailed or assailed on the basis of their ideological stances or commercial biases. Blind with bias and dumb with pretentions, the contents become works of fiction rather than facts.

Such a state of affairs creates a situation where journalists and media are prone to less than professionsal practices, inviting partisan interests, including those of propagandists and political parties, to take over. Party press serves the governor and not the governed, failing to become a public voice. Journalism should not be an arm of one of the actors of any conflict. (Kharel, 2012)

 Media credibility and society suffers setbacks if news outlets do not dismiss partisan practices for party propaganda. Even if there is a glut in freedom, information flow suffers from credibility deficit. In fact, most regular media in Nepal are deeply affected by partisan politics, firmly-entrenched in community and commercial radio as well as the print media and to an extent television and aiming venom at opponents. The vitriolic criticisms they make are a grave risk into principle of balance and impartiality in media content. This is a gateway to professionalism.

References

·        Kharel, P. (2000b).Wither Newspapers in Nepal? In The Kathmandu post. May 16.

·        Media Study Report  (2067)

·        African Working Journalsit Research Report (2009)

·        Kharel, P. (2006). A Study of Journalism. Supravaha Publication

·         Kharel, P. (2012). Media for Paticipatory Democracy. Supravaha Publication

·        Kharel, P. (2010). Political Communication. Sangam Institute.

·        www.ifjafrique.org