A flawed move

The Social Media Management Guidelines 2080 is part of government efforts to regulate online space and social media through administrative measures. The guidelines and the ban on TikTok undermine the right to freedom of expression enshrined in the Constitution and limitations outlined in the Electronic Transaction Act. The guidelines covers diverse issues like fake ID and trolling without defining them, apart from defining ‘hate speech’ loosely, though the onus is on the Parliament to define the term. It bars social media users from creating and sharing contents through anonymous/fake IDs or commenting on shared contents. The right to be a part of cybersphere is key to safeguarding constitutionally-guaranteed digital rights also enshrined in international human rights instruments. Such a provision will violate people’s right to use social media for causes dear to them. Instead of opting for administrative measures to regulate the cybersphere, government should go for legislative regulation. 

The author is Executive Director at Digital Rights Nepal