Social Media Bill and its impact on emerging youth leaders

Imagine if the proposed Social Media Bill had been in place three years ago. Would Balendra Shah and Sunita Dangol have been able to connect with the public and win the local elections from Kathmandu? While their leadership and vision were strong, social media played a big part in spreading their message and gaining support. If this had been implemented three years ago, would then emerging leaders really be behind bars for voicing their opinions against the government, or would accountability still spare the powerful?

The ease of access to digital platforms has allowed many young politicians to enter the political scene. In Nepal, as of 2023, women hold 33.1 percent, and young people aged 30 or younger make up about 2.9 percent of parliamentary seats. Social media has been a key tool in breaking old rules, increasing political involvement, and driving drastic changes.

The ‘Bill Related to Operation, Use, and Regulation of Social Media in Nepal’ was introduced by Communications Minister Prithvi Subba Gurung in the Upper House on Jan 28. He said it aims to ensure good behavior and responsibility, but it has several worrying parts that challenge basic rights, especially those guaranteed under Articles 17 and 19 of Nepal’s Constitution. As a youth advocate, I still struggle to speak freely in a system that tightens control over digital spaces. This bill doesn’t just regulate—it silences, making it harder to challenge power and uphold the very rights democracy promises.

The recently enacted bill makes us question whether the transparency and accountability push of Sumana Shrestha would have achieved similar backing. The speed at which anti-corruption campaigns and gender justice campaigns for Niramla Pant’s case—today being the 2,386 day—spread across society would potentially have slowed down if this bill were in effect. The new legislation contains restrictive measures that restrict the voices of activists as well as public participation.

Problems with the bill

Section 18: Digital speech criminalizing

Section 18 of the bill says that if anyone does something harmful to national interests with bad intentions that causes hatred among groups or harms relations between federal units, they will face a five-year prison sentence, a fine of up to Rs 500,000, or both.

The definition of “bad intentions,” which is vaguely defined, creates possibilities for unfair enforcement. Under this policy, the authorities could falsely claim protection by countering their bad intentions. My detention could happen when I expressed criticism and opinions about my country's leaders, even if my motives were innocent. Are we not entitled to use our freedom of expression? We live in a democracy, and we have the right to free speech.

As an advocate and leader, will I be jailed simply for raising concerns about the government on social media? Meanwhile, those in power will have the freedom to do anything they want and misuse their authority without consequences. Where is the accountability for government officials who manipulate information and spread propaganda? Is this justice?

Sections 21, 22, and 23: Restricting political expression

Sections 21, 22, and 23 propose up to three years in prison or a fine of up to Rs 1.5m for hacking into someone’s identity or information via social media, tricking people, or blackmailing respectively.

The bill’s unclear language on “making fun of images, trolling, negative comments, and spreading false information” could be used against activists, journalists, and politicians who challenge the government. If I speak up about my village’s struggles, can those in power really accuse me of a crime? Over 50 journalists and activists faced arrest and harassment because of defamation laws in 2023. Activists, especially women fighting for gender equality and political changes, could be labeled as threats simply for demanding change.

This bill does not offer protection—it offers control. If laws are meant to protect democracy, they should safeguard free speech, not make it a crime. We do not need new ways to silence voices—we need real enforcement of existing laws that protect people, not punish them. We need a system that upholds justice, not fear. Will we let our voices be silenced, or will we stand against this growing threat to our democracy?

Section 20 (1): Government control over digital space

Section 20 (1) prohibits the sharing of secret information, potentially stopping journalists and whistleblowers from exposing corruption or governance failures. Instead of holding the powerful accountable, this law protects those in power by making it a crime to speak out. How will citizens ensure openness when the government itself decides what remains “secret”?

Adding to the concern, the government proposes a “Quick Response Team” with unchecked power to act against social media users—an emergency-level mechanism being misused to police opinions rather than respond to genuine crises. Who will monitor this team's actions? What safeguards exist to prevent abuse? In a democracy, should questioning authority be treated as a crime?

The bill enables a surveillance state disguised as regulation. Instead of protecting citizens from real threats, it strips away their right to express, criticize, and demand accountability. Is this the future of digital freedom in our country—where questioning power is outlawed, but those in power can manipulate the system without consequence?

A step backward for women and youths

My efforts to advocate the basic rights of women during my early period of leadership brought me persistent online harassment and opposition, particularly from men living in my community. The new legislation will make no difference unless the current rules receive proper enforcement. We require genuine action, which entails both keeping existing laws in force and holding those responsible for crimes accountable and safeguarding those standing up for justice. The use of legislation should never serve as a tool for denying people their right to disagree. People will not succeed in silencing those who choose to speak out.

For young leaders navigating Nepal’s political landscape, this law presents yet another barrier. Social media has been a powerful equalizer, allowing new voices to challenge established hierarchies. The strict regulation of online platforms, together with tools to silence political opposition, would erase all the recent political progress toward inclusivity. This measure gives the government control of public speech by both scaring citizens into silence and limiting their freedom to speak out.

As a society striving for gender equality, governance openness, and civic empowerment, we must ask: Do we want a future where new leaders are silenced before they even begin?

Can digital platforms reduce barriers for women in politics?

Looking back on all of the women that I have met over the years, the oppression, lack of opportunities, and expectations that were placed upon them, all I see is strength—strength passed from mother to daughter. In today’s world, women are defining the rules of the political game and leadership. They are entering the political field as dynamic leaders, demanding and changing the politics of all domains.

Digital platforms have democratized access to political participation, enabling more women to engage actively in political spheres. Through technology, women can express themselves and engage with a relevant communication platform, thus eradicating barriers that have in the past limited women’s political engagement. This is not just a change of political power dynamics, but also a sign that the time has come for women to become masters of the future.

Many times on my way to my college in Maitighar, I used to see protests and rallies for various causes, and in the early days, most of the participants used to be men. This has changed in the last five years. Today, I see more women participants in protest rallies. This shift is perhaps due to the concerns of gender, for women are no longer mere spectators.  They are actively participating in the political and social battles for change through digital media. It is a refreshing sight to witness.

The Global Gender Gap Report 2021 unveiled by the World Economic Forum indicates that women occupy only 25.5 percent of parliamentary seats in the world. Nevertheless, the decreasing gap of difference is noticeable between them. Social media platforms are being used to a greater extent in narrowing this difference. According to the Pew Research Center, 61 percent of the women in the United States actively participate in politics through the use of digital platforms. Changes are being observed in Nepal as well. For instance, a survey of Nepali women in the last year (up to mid-2022) showed that 19 percent more women participated in local elections in comparison to 2017, thanks to the wide reach of digital platforms.

But there is still a long way to go for a meaningful women’s participation in politics. A survey conducted by UN Women identified that the level of rural women’s digital literacy is low, and only 37 percent of them have access to the Internet. The necessity of improving the availability of digital technologies is evident, particularly for women. If we look at these numbers, we can only conclude that despite the fact that digital media created new opportunities for women representatives in politics, more needs to be done to support greater equality in access, especially in rural areas. A profusion of women in regional and federal leadership positions gives the political process a new and promising perspective. Women leaders like Sumana Shrestha, Prakriti Koirala, Shobita Gautam, and others have proved that the use of digital technologies makes political work even more efficient. During my stay in my hometown Gulmi recently, the disparity in which most people still travel two hours to access a nearby hospital is very much real.

However, it was encouraging to discover in such areas that people do know about the kind of political activities that are conducted by leaders such as Shobita and Sumana. This means that even in the most excluded areas people are becoming more informed and politically active in the leadership processes. This on its own is evidence of the progress being made in regards to establishing political awareness all across the regions in the nation by the leaders who leveraged digital media. These women have been privileged to campaign for the change they want using social networks and other digital avenues.

Social media has also provided immense value for generating information-based political participation. Specifically, Kathmandu Metropolitan City Mayor Balendra Shah ‘Balen.’ The rapper turned city mayor showed that by applying relevant tech tools, one can broaden their electoral outreach and win an election despite being an independent candidate. Balen’s victory showed that the old established parties failed to use social media effectively.

However, the problem of inequality in terms of political voting between the urban and the rural areas still persists. While urban women can engage from their homes, rural women often lack access to these platforms, underscoring the need for targeted efforts to bridge this digital divide.

For this, enabling rural women to use technology is essential for enhancing good governance in our societies. Technology plays an important role in ensuring that rural women have access to information, resources, and networks to engage in politics. Mitigating the unique hardships peculiar to women in rural areas will not only improve their political participation but also promote more diverse and inclusive political systems.

The inclusion of women in politics is not just a matter of representation or quotas; it is about effecting progressive growth. In this context, digital platforms can really help women to step up to the plate, because it offers the necessary tools to avoid such traditional barriers.

In Western countries, there has been a lot of development of digital platforms for supporting women leaders. The Feminist Action Research Project in Canada brings people together for dialogue and work online to strengthen women’s political participation in leadership positions. In the UK, the Women’s Equality Party uses social media and digital tools to build a broader political presence and empower women in leadership roles. These technologies enhance interaction and stakeholder management in acts of governance and women’s political participation.

In online campaigns, these platforms have helped women discharge their duties better by facilitating interaction with the people. However, the facilities and other infrastructure-related support available in many regions, including Nepal are still inadequate.

To address this, policy and action-oriented recommendations the state should expand digital infrastructure to ensuring that rural areas' budgets also include technology as a priority to guarantee the availability of the internet and tools in the rural regions, and organize digital literacy programs to educate women in the use of the new digital platforms as a way of enabling them to take control of the platforms. There should also be right policies in place to support and encourage women’s participation in politics. To this end, collaboration with tech companies is imperative.