Kathmandu, Jan. 29: Intending to regulate and monitor the haphazard use of social media and other digital platforms in Nepal, the government has registered a Bill related to social media operation, its use, and management.
Minister for Communication and Information Technology Prithvi Subba Gurung on Tuesday registered the Bill related to regulating social media platforms in the National Assembly.
“The Bill, which aims to regulate the operation, use, and management of social media, has been registered at the National Assembly,” said Minister Gurung, who is also the government spokesperson.
According to the new provision of the Bill, now onwards social media platforms like Facebook, X (formerly Twitter), among others, need to obtain operating permission to function in Nepal for individuals, companies or institutions.
Through the Bill, the government has proposed some fines and prison sentences for misusing social media. Following the endorsement of the Bill, it will convert into ‘Social Media Act-2081.
The Bill includes provisions for fines and imprisonment in approximately a dozen sections related to social media platforms and their use.
The government has proposed a fine of up to Rs. 2.5 million for individuals operating social media platforms in Nepal without permission or in violation of a ban.
Similarly, any individual or institution involved in actions detrimental to national interests could face up to five years in prison, a fine of up to Rs. 500,000, or both penalties.
Section 18 of Chapter 5 of the Bill states that no one should perform actions or encourage actions that could harm Nepal’s sovereignty, territorial integrity, national security, unity, independence, dignity, national interests, or harmonious relations between federal units.
It also bans spreading hate speech or creating discord between different classes, castes, religions, cultures, regions, and communities on social media.
Those found guilty of such offences could face up to five years in prison, a fine of up to Rs. 500,000, or both.
The Bill also proposes up to two years in prison or a fine of up to Rs. 300,000, or both for cyberbullying offences under Section 19. Section 20 proposes up to three years in prison or a fine of up to Rs. 500,000, or both for cyberstalking, which means stalking or harassing persons, groups or organisations.
Likewise, Section 21 proposes up to three years in prison or a fine of up to Rs. 1.5 million, or both for hacking someone’s identity or information. Section 22 outlines up to three years in prison or a fine of up to Rs. 1.5 million, or both, for phishing or imposter scams.
Section 23 proposes up to three years in prison or a fine of up to Rs. 1.5 million, or both for sextortion or extortion. Section 24 proposes up to three months in prison or a fine of up to Rs. 50,000, or both for posting or sharing explicit images, videos, or audios.
Section 25 proposes up to two years in prison or a fine of up to Rs. 300,000, or both, for spreading obscene, false, or misleading content. Further, Section 26 proposes up to two years in prison or a fine of up to Rs. 300,000, or both, for uploading or spreading deepfake videos.
Section 27 proposes penalties for individuals writing anonymously on social media. Section 27(2) (1) states that individuals creating or using anonymous or pseudonymous identities could face up to three months in prison or a fine of up to Rs. 50,000, or both.
If an individual opens a fake or pseudonymous group, page, or ID and spreads misinformation that harms Nepal’s sovereignty or national interests, they could face penalties outlined in the prevailing law, or up to five years in prison or a fine of up to Rs. 1.5 million, or both, if no specific penalty is mentioned in the law.
Additionally, those who commit offences using social media or encourage such offences could face an additional year in prison.
Section 28 (2) of the Bill states that any individual who commits the same offence more than once will face double the penalty. If a public servant or someone receiving benefits from the state coffers commits an offence under this law, the penalty could be increased by up to 50 per cent. Anyone using children to commit offences under this law could face an additional year in prison.
