Critics argue that Nepal’s proposed social media bill could stifle free speech, with provisions that grant the government sweeping powers to regulate online content.
Nepal, whose constitution guarantees press freedom, is considered one of the freest countries in Asia. In 2024, the Himalayan nation ranked 74th out of 180 in Reporters Without Borders’ (RSF) 2024 World Press Freedom Index.
However, a new bill aimed at regulating social media has raised concerns over its potential impact on freedom of speech.
Critics argue that its vague provisions could suppress political dissent and contradict constitutionally protected rights.
The government claims that the bill aims to promote decency and transparency online. It mandates social media account registration for various firms and grants authorities the power to remove “indecent” or “misleading” content.
The bill, which seeks to “oversee the operation, usage, and regulation of social media,” proposes banning social media organizations that don’t register in Nepal.
It proposes hefty fines and up to five years imprisonment for spreading false information, and criminalizes posting on social media anonymously or under a false identity.
What does the bill propose?
The proposed legislation requires every social media platform operating in Nepal — such as Facebook, X, and others — to obtain operating permissions in order to function in the country.
Likewise, it outlines restrictions on social media usage, prohibiting activities that are detrimental to national interests, including cyberbullying, extortion, hacking, and privacy violations.
It also prohibits users posting obscene or graphic content, defamatory remarks, trolling with offensive words, images or audiovisuals intended to harm someone’s reputation, as well as hate speech.
While rights activists acknowledge the need for some regulation, they argue that such measures should be implemented through a self-regulation and public awareness approach rather than government control and punitive measures.
“The bill should focus on creating an enabling environment for self-regulation and promoting digital literacy, rather than imposing strict government control,” Rukamanee Maharjan, assistant professor at Nepal Law Campus, told DW.
“Unfortunately, the bill is drafted from a crime-and-punishment perspective, criminalizing actions such as spreading rumors, using pseudonyms, or creating social media accounts without prior government approval,” she added.
She warned that the bill could lead to self-censorship among intellectuals and disproportionately impact those who are less digitally literate and may inadvertently share misleading content.
“Sexual and gender minorities, such as the LGBTQ+ community, often rely on anonymous handles to share their woes and experiences,” she added.
“This bill could suppress their voices by criminalizing anonymity with vague definitions and excessive government control.”
Bill ‘could curb criticism’
Many critics suspect the bill is intended to silence dissent and curb public criticism, which has been growing due to the government’s poor performance despite its strong parliamentary majority.
While social media influencers have launched the hashtag #BolnaDeSarkar (Let us speak, government), major political parties and mainstream news media organizations have largely remained silent.
Taranath Dahal, chairman of Freedom Forum Nepal, told DW that opposition parties have no reason to speak up against the bill as they pushed similar measures when they were in power.
He said mainstream media might also feel that their audience and revenue has decreased due to the wide use of social media.
“I believe they would understand its larger implications, which aim to regulate all internet-based communications that includes journalism as well, with punitive measures, ” said Dahal, who is also a former chair of Federation of Nepali Journalists.
“If approved, it will suppress dissent and [target] political opponents.”
Dahal argues that the bill contradicts key constitutional principles, including press freedom and freedom of expression.
“From its vague definition of social media to its sweeping provisions, the bill is deeply flawed. It approaches regulation from a criminal perspective rather than treating it as a civil matter,” Dahal noted.
Source: https://www.dw.com/en/nepals-social-media-bill-raises-free-speech-concerns/a-71595277