Nepal Government Introduces Controversial Social Media Bill

Nepal Government Introduces Controversial Social Media Bill

The Nepal government has registered a bill in parliament to regulate social media, raising concerns about restrictions on freedom of expression.

Nepal Government Introduces Controversial Social Media Bill

On Tuesday, Minister for Information and Communication Technology Prithvi Subba Gurung submitted the proposal to the National Assembly Secretariat. Critics argue that the bill suppresses opposition voices.

Background of the Bill

Previously, an attempt to introduce the Information Technology Bill failed due to widespread opposition. Nepali Congress, then in opposition, strongly resisted it. Ironically, now that Congress is in power, a stricter version has emerged, further limiting free expression.

                     Appeal from the Nepali Congress, released on February 5, 2021

The Nepali Congress had issued a strong statement condemning the government’s attempt to introduce new regulations on social media back in 2021, warning that such moves were aimed at curbing freedom of expression under the pretext of “social media management.”

In its appeal released at the time, the party had expressed serious concern over the government’s decision to revive the controversial Information Technology Bill—previously under parliamentary consideration—in a new form, despite widespread public opposition. The Congress had objected to the introduction of the Social Network Management Guidelines at a time when Parliament was dissolved, arguing that issuing such a directive without wider consultation raised serious questions about the government’s intentions.

“No one could deny the need for dignified and responsible use of social media. However, existing laws already provided necessary regulations, and if further provisions were needed, they should have been introduced through due parliamentary process,” the statement had read. “A caretaker government had neither the right nor the authority to enforce such guidelines through an executive order that directly affected civil rights.”

The party had further warned that the government’s move to criminalize social media opinions marked a dangerous step toward authoritarianism. The Nepali Congress had reiterated its commitment to opposing the directive and had announced that it would highlight the issue during its nationwide demonstrations that day.

Ironically, now that Congress is in government collation, a stricter version has emerged, further limiting free expression.

Although the government claims the bill upholds constitutionally guaranteed freedoms, its provisions may discourage criticism. The Ministry of Communications insists it protects communication rights and privacy while maintaining freedom of thought.

Concerns Over the Bill

Taranath Dahal, president of Freedom Forum, argues that the bill exceeds constitutional limits. He describes it as vague, granting excessive police power. If passed, he warns, it could suppress critical voices rather than curbing cybercrimes.

According to the bill’s preamble, social media operators and users must maintain a dignified, safe, and systematic online space. To enforce this, the government plans to create a regulatory department with judicial authority.

Government’s Control Over Content

Complaints about online content will trigger immediate investigations. Authorities can order removals if deemed necessary. However, the bill lacks clear definitions, leaving room for broad interpretation and possible misuse.

A Joint Secretary-led department will oversee enforcement. Platforms that fail to comply may face fines between 500,000 and 1.5 million rupees per violation. The same penalties apply to individuals for activities such as posting, commenting, live streaming, or even hashtagging in ways deemed illegal.

Impact on Freedom of Speech

Dahal warns that the bill could discourage citizens from expressing opinions, exposing corruption, or challenging those in power. Strict laws often lead to self-censorship, weakening public discourse.

Shiva Gaunle, editor of OnlineKhabar.com, shares similar concerns. He believes the bill aims to silence citizens and intimidate journalists by threatening imprisonment. Broad language could even criminalize journalistic content already regulated by press conduct laws.

Registration and Monitoring Requirements

Social media platforms must register in Nepal and maintain a 24-hour complaint-handling mechanism. Foreign platforms must establish local contact points, while Nepal-based platforms must renew their registration every two years. Failure to comply could result in deregistration.

Enforcement responsibility falls primarily on the police, who will have the authority to arrest individuals based on social media activity. Press-related institutions like the Press Council and the Advertisement Board will also regulate online platforms.

Criminal Charges and Penalties

The bill aligns offenses with the National Criminal Procedure Code 2074. Proposed penalties include:

• Up to five years’ imprisonment or a 500,000 rupee fine for violating social media regulations.
• Fines up to 2.5 million rupees for using social media without permission.
• Two years’ imprisonment or a 300,000 rupee fine for cyberbullying.
• Three years’ imprisonment or a 500,000 rupee fine for cyberstalking.
• Three years’ imprisonment or a 1.5 million rupee fine for hacking, sextortion, phishing, or imposter scams.
• Three months’ imprisonment or a 50,000 rupee fine for sharing obscene content.
• Two years’ imprisonment or a 300,000 rupee fine for spreading false information.

The proposed bill grants the government extensive control over social media, sparking fears of censorship and legal repercussions for online speech. Critics warn it may stifle free expression rather than promote digital safety.