If horse-trading is a crime (I have not come across an explicit law to that effect), it would definitely be Mahara and others named in the tape. Even though not criminalized, horse-trading does involve a bribe and this infringes upon free consent and makes a mockery of democracy. Therefore, it is about morality. Legally, anything that is not defined as illegal by law is lawful, and therefore an investigation (if done) could at best point to the need for making a law to prevent its recurrence.
But there’s another aspect that needs a more thorough probe: Breach of privacy. Nepal does not have a law allowing anyone to listen in on citizens, except for investigating narcotics (and under a state of emergency and national security under the Telecom Act, 2053, as reported by Himal Khabarpatrika). And because such surveillance capacity exists only with state agencies, it directly implicates the government. More importantly, if these agencies can listen in to Mahara, then everyone else is also at risk – and therefore, the need to investigate and establish accountability.
How the media handled the tapes also demands a discussion. Here’s a recap. The Himalayan Times (THT) had an opinionated intro to the transcriptions and said, “…On September 1 there were two interesting telephonic conversations between an official from China and Krishna Bahadur Mahara… The phone was tapped in a sting operation…” It added that “… like the others, we have been provided with a copy of the recorded conversation by our source who’s only wish is to protect Nepal’s infant democracy.” This story had a definitive headline: “Sept 5 PM vote: China funding horse trading.”
This newspaper picked up from what a TV station had reported (It did not disclose if the source had also provided it the transcripts). It said, “Various TV stations here have aired a controversial and explosive audio tape, supposedly a phone conversation between Maoist leader Krishna Bahadur Mahara and a Chinese official. In the phone conversation, Mahara (as claimed by the TV stations) asks the man at the other end of the phone who spoke with a Chinese accent for 500 million rupees…” The headline: “Controversial tape claims Mahara sought Rs. 500m from China to buy lawmakers.” It also had a disclaimer: “Republica could not independently verify the authenticity of the audio tape … but Maoist leader Mahara has refuted …”
The other large English daily, The Kathmandu Post (TKP), is included in this discussion because it did not carry the story. A day later it had a page-1 clarification saying why the story was held back – it was unable to establish authenticity of the leaked tape, which it said came from “a diplomatic mission”. The same text later spoke about the Indian Embassy. (Kantipur, its sister publication, said how it too had received information about the tapes from an embassy caller while they were dining with the Chinese ambassador.)
Within days, the tape was on YouTube and it allowed those interested to listen and make their own judgements on authenticity, which over time has been bolstered by circumstantial evidences suggesting it could be Mahara (see: Himal Khabarpatrika, 17 Sep-1 Oct 2010). However, to me the “Chinese-like” accent (this paper) or the “Chinese official” (THT) could easily pass off for any East Asian, or even a Nepali for that matter.
Further, THT disclosed that the tape had come from a “sting” operation, not saying who did it or when. Both papers had customary denials from Mahara. THT also spoke to someone at the Chinese embassy, and there was another denial. Both media did not find it necessary to try out another basic check recommended for journalists – pass it through three independent sources. Had they done that, they could have said something like, ‘of XX people who have heard Mahara converse in English, XX said it could or could not be him when we played the tape for them.’
Private lives of public figures make news, even though those probed have called for more protection of privacy. In this instance, a public figure was allegedly trying to manipulate parliamentary votes with borrowed cash, and therefore, it was something to report. Perhaps that extra three-source check could have put the story on firmer ground, because an authenticity check is technical and can take time.
What about the TKP that did not publish the story? Besides being a judgement call as clarified, could the stand off over reports on a Dabur Nepal product and an Indian Embassy statement on media practice (the subject of this column last week) have also had an effect?
Besides, there is also an ethical dimension involved in the disclosures that were made. The declaration of Rights and Obligations of Journalists of the International Federation of Journalists (1972) says it is the reporter’s obligation “not to divulge the source of information obtained in confidence.” We do not know if the diplomat in question had sought confidentiality or not. But because the TKP’s clarification does indirectly reveal the source, let us briefly assume that there was no request.
But, if that were true, why did the other two newspapers that published the transcripts not disclose the source up front? Only those directly involved in receiving and transmitting information can say what the agreement was.
Since ethics are standards that journalists should enforce upon themselves, the jury is still out for we do not know for sure if confidentiality was requested or not. As a principle, however, and in the interest of seeking and obtaining information to protect the larger public interest, a breach of confidentiality, will and can affect the ability of journalists to obtain information needed for performing their role as watchdogs for society.
Confidentiality and protecting sources is also one of the basic conditions for press freedom, as it can otherwise deter sources from providing information needed for protecting public interest. It is important because the public interest cannot always be protected by reporting press statements and information offered on record. This is true for all papers, including those that claim to sell the largest number of copies.
Writer is a journalist. This column seeks to limit to issues relating to media in Nepal.
Related story
