KATHMANDU, JANUARY 29
The government on Monday introduced the Social Media Bill in the National Assembly, the Upper House of Parliament, which proposes harsh penalties for social media platforms and users who violate rules.
Since its release, the bill has received widespread criticism from press freedom watchdog organisations, experts, and netizens.
The proposed bill includes provisions for significant fines and jail time for misusing social media platforms. The bill proposes a fine of up to 2.5 million rupees for those who operate social media platforms in Nepal without permission or in violation of restrictions.
Experts believe that the bill’s provisions, taken together, pose a systemic threat to freedom of expression and association in Nepal. The bill proposes punishing those accused of spreading misleading information; however, inadvertently spreading misleading information should not be punished.
Issuing a statement today, Laxman Datt Pant, a global media rights advocate and the Executive Director of Media Action Nepal, urged, “Parliament should not pass this bill, and instead, uphold the freedom of speech enshrined as a fundamental right in the Constitution of Nepal and in the international treaties ratified by Nepal.”
Highlighting that the proposed bill imposes severe penalties, including fines up to ten million rupees and imprisonment for up to five years, Pant said that such measures harshly contradict democratic principles and the constitutional guarantee on freedom of expression. The vagueness in the bill regarding terms like “wrong intent” and “content against national interest” grants authorities arbitrary power to suppress dissent and critical voices, he added.
Similarly, the Federation of Nepali Journalists (FNJ) has also expressed serious concerns about certain provisions of the government’s bill on the operation, use, and regulation of social media.
According to the FNJ, citizens must understand that if the bill is not fundamentally changed, it will not regulate social media but will limit citizens’ constitutional right to freedom of expression.
“…FNJ urges the Government of Nepal and the Federal Parliament to move forward with the bill only by correcting the provisions that impede the freedom of the press and expression in a manner that is consistent with the values of universal human rights, freedom of the press and expression, constitutional provisions, and prevailing practices through in-depth dialogue with stakeholders, including the Federation,” reads a statement issued by the FNJ’s General Secretary.
Similarly, netizens have taken a toll on the proposed bill. Senior journalist Anurag Anant took to Facebook to ask, “Where would you get by restricting people’s freedom of speech? How did democratic leaders come up with something that was common in autocratic regimes, such as Ranas and Shah?”
Mahesh Kuswaha took to ‘X,’ formerly known as Twitter, and expressed, “the audacity of the current coalition government and its so-called leaders to commemorate the Martyrs who lost their lives fighting for democracy-while shamelessly defending the draconian social media bill that seeks to curtail fundamental democratic rights of Nepali citizens!”
Adhiraj Regmi called the proposed bill absolutely rubbish! “Nepal’s new social media bill proposes heavy fines and jail time for trolling, defamation, etc. Vague/incomplete definitions and harsh penalties violate the right to free expression under Article 19 of the ICCPR. Absolutely rubbish!” reads his Facebook post.
The punishments listed in the bills for offences are as follows:
Section 18 of the bill states that if any individual or institution engages in actions detrimental to national interests, incites communal hatred, or jeopardises relations between federal units, that individual or institution will face a five-year prison sentence, a fine of not exceeding Rs 500,000, or both.
Section 18 of the bill states: “No one shall conduct or cause to conduct any activity that affects Nepal’s sovereignty, territorial integrity, national security, national unity, independence, pride, or national interests, or disturbs friendly relations between federal units, or spreads hatred or animosity on the basis of class, ethnicity, religion, culture, region, community, or any other basis, or spoils harmonious relations between different communities through social media.”
Section 19 of the bill also proposes up to two years in prison, a fine of up to Rs 300,000, or both, for cyberbullying, which is defined as acts of intimidation, threat, mental torture, and the dissemination of disparaging messages.
Section 20 proposes a three-year prison sentence, a fine of up to Rs 500,000, or both for cyberstalking.
Section 21 proposes up to three years in prison or a fine of up to Rs 1.5 million, or both, for hacking into someone’s identity or information via social media.
Section 22 proposes a three-year prison sentence, a fine of up to 1.5 million rupees, or both for phishing or impersonation scams.
Section 23 proposes a three-year prison sentence, a fine of up to 1.5 million rupees, or both for sextortion or extortion crimes.
Section 24 states that anyone who posts or shares grotesque images, audio, or video may face up to three months in prison, a fine of up to Rs 50,000, or both.
Section 25 proposes up to two years in prison, a fine of up to Rs 300,000, or both, for spreading obscene, false, or misleading content.
Section 26 proposes up to two years in prison, a fine of up to Rs 300,000, or both, for uploading or spreading deep fake videos using artificial intelligence.
Section 27 states that anyone who creates or uses an anonymous or pseudonymous identity may face up to three months in prison, a fine of up to Rs 50,000, or both.
Section 27 also proposes that if a pseudonymous, permanent or temporary group, page, or any other type of ID is created and used to disseminate false or misleading information that is harmful to Nepal’s sovereignty or territorial integrity, or is contrary to national interests, the perpetrator will be punished in accordance with current laws. If such actions are not explicitly prohibited by current laws, the penalty may include five years in prison, a fine of up to 1.5 million rupees, or both.
Section 28, Subsection 2 stipulates that anyone who commits the same offence more than once under this law will face double the penalties each time. If a person in a public office or receiving state benefits violates this law, they may face a penalty of up to 50 percent more. If a crime is committed using children, the offender will face an additional one year of imprisonment.
