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Chapter-12 Miscellaneous

  1. To obtain consent of guardian or curator: Notwithstanding anything contained elsewhere in this Act, if the matters mentioned in this Act that they may be published or privacy may be disclosed with the consent of the concerned person are related to the person who has not attained the age of eighteen years or who is of unsound mind or who has intellectual disability, such matters may be published or privacy thereof be disclosed only when his or her guardian or curator gives consent and if it benefits him or her while publishing such matters or disclosing privacy related to them.

34        Not to deem to be a bar: (1) Nothing contained in this Act shall be deemed to bar the doing of the following in relation to the person mentioned in sub-section (2):

(a)        To obtain any notice or information in the course of court proceedings,

(b)        To obtain any personal information or details from any person, regarding investigation or prosecution of any offence under the law,

(c)        To publish his or her details relating to property under the prevailing law,

(d)       To publish by the body concerned, his or her details disclosing the identity including educational qualification, citizenship, passport, driving license,

(e)        Except for the matters prohibited by the prevailing law relating to the press and newspapers and national broadcasting, to publish or broadcast or make public any notice, information, data, news, picture obtained or collected in course of maintaining public welfare and transparency or conducting investigative journalism, in any manner, without making it contrary to the basic norms of privacy of the person,

(f)        To publish or transmit opinion, thoughts publicly expressed by him or her or audio-visual and picture captured in a publicly organized program,

(g)        To make fair comments, along with the basis, reason or evidence, about the details related to his or her property or the details referred to in clause (d) or the opinion, views expressed publicly by him or her or details related to his or her public function.

(2) For the purposes of sub-section (1), the term “person” means the following persons:

(a)        A person holding a public post,

(b)        A person involved in the formal process of being appointed, nominated or elected to a public post, or recommended for such a post,

(c)        A person retired from the service or relieved of a public post,

(d)       A person known publicly or who may be one of the public interest or concern,

(e)        A person who so appears that it is required to transmit a notice or information to the general public, owing to public welfare, decency or morality or regarding the act that has been done or about to be done against the law.

  1. Not to act contrary to this Act: The body which transmits any public information shall transmit such information in a manner not to be contrary to this Act.
  2. Power to frame Rules: The Government of Nepal may frame necessary Rules in order to implement this Act.