Government tables social media bill

The government has tabled a bill on social media regulation in the National Assembly. Minister for Communication and Information Technology, Prithvi Subba Gurung, who is also the government spokesperson, tabled the bill. 

The proposed bill mentions economic fines and imprisonment for social media platforms and their users in nearly a dozen provisions.

The government has proposed imposing a fine of up to Rs 2.5m on individuals operating social media platforms in Nepal without permission or in violation of a ban. Any person or organization found guilty of actions detrimental to national interests could face five years of imprisonment, a fine of up to Rs 500,000, or both.

Section 18(1) of Chapter 5 of the bill states: “No one should engage in or promote any activity that undermines Nepal’s sovereignty, territorial integrity, national security, unity, independence, dignity or national interests, or causes hatred or discord based on class, caste, religion, culture, region or any other basis through social media.” Those found guilty of such acts could face five years in prison, a fine of up to Rs 500,000, or both.

The bill also proposes two years of imprisonment or a fine of up to Rs 300,000 or both for those committing cyberbullying (Section 19), and three years of imprisonment or a fine of up to Rs 500,000 or both for cyberstalking (Section 20). Cyberbullying is defined as acts of harassment, intimidation, threats, humiliation, defamation or rumor-spreading through social media or internet-connected devices. This includes sending, posting or sharing harmful or misleading text, symbols, images, sketches, photos, audio, video, audiovisual content, signals or messages as well as imitating someone’s voice to cause trouble.

Section 21 proposes three years of imprisonment or a fine of up to Rs 1.5m or both for hacking someone’s ID or information. Section 22 suggests similar penalties for phishing or imposter scams.

Section 23 proposes three years of imprisonment or a fine of up to Rs 1.5m or both for extortion or sextortion offenses. Section 24 includes three months of imprisonment or a fine of up to Rs 50,000, or both, for posting or sharing grotesque images, videos, or audios.

Section 25 proposes a penalty of up to two years of imprisonment or a fine of up to Rs 300,000 or both for spreading obscene, false or misleading content. Section 26 suggests similar penalties for uploading or disseminating deepfake videos. Section 27 proposes penalties for writing anonymously on social media, with up to three months of imprisonment or a fine of up to Rs 50,000 or both for those who create or use pseudonymous identities.

Additionally, the bill proposes an extra one year of imprisonment for those who incite or engage in criminal acts on social media, as per the prevailing law. Section 28(2) proposes double the penalty for repeat offenders of any crime under this Act. Public office holders or individuals benefiting from state funds, who commit such offenses, could face up to 50 percent additional punishment. Offenses involving the use of children could incur an additional year of imprisonment.

Laxman D Pant, executive director of Media Action Nepal, shared his concerns on social media regarding the newly-tabled bill saying that the bill aligned with the government’s agenda, if passed without any changes, could lead to a growing influence of those who suppress dissent by labeling it as a crime. This, he warned, would result in the abuse of state powers, discourage those trying to expose injustices, and cultivate a culture of silence. In his post, he also questioned why the rulers failed to remember the fundamental truth of democracy: that power is temporary, and one day, they too may find themselves walking on the streets.