The Social Media Bill has raised important questions about freedom of expression and the right to privacy—two fundamental rights enshrined in Nepal’s Constitution. This article examines these issues, exploring how social media shapes relationships, the ethical dilemmas of digital self-disclosure, the increasing risk of misinformation, and the need for effective regulation to balance innovation with responsibility.
Miller’s ethnographic research demonstrates that social media has transformed how people interact and communicate. Platforms like WhatsApp encourage private, trust-based conversations among family and friends, while Snapchat fosters close connections through self-deleting messages. Facebook has evolved into a space where different generations interact, while Twitter has become a battleground for public discourse, activism, and debate. Cultural contexts influence how people use social media. In India, caste structures impact online engagement, while in China, migrant workers rely on digital platforms to maintain long-distance social ties. These examples highlight how social media both reflects and reshapes traditional values, reinforcing some social norms while challenging others.
Replogle’s study explores the ethical challenges of self-disclosure on social media. Public response to personal sharing often depends on an individual’s social status. Television anchor Robin Roberts was praised for openly discussing her cancer diagnosis, while actor Leonard Nimoy successfully used social media to campaign against smoking. However, when Lisa Bonchek-Adams, a non-celebrity, live-tweeted her battle with terminal illness, she faced criticism, illustrating biases in how society perceives digital self-disclosure.
These cases raise concerns about privacy, emotional vulnerability, and online judgment. The monetization of personal stories on platforms like YouTube and TikTok further complicates this issue, blurring the line between advocacy and exploitation. This also raises ethical questions about whether platforms should bear responsibility for ensuring that personal narratives are not manipulated for profit.
A new bill to regulate social media has been introduced in the National Assembly, proposing strict penalties for those who spread false or misleading content through fake accounts. The bill aims to establish legal frameworks for how social media operates and is used in the country. Under Section 27, individuals are banned from creating anonymous or fake profiles to spread false information.
According to subsection 2 of the bill, individuals caught engaging in such activities could face up to three months in prison, a fine of Rs 50,000, or both. For more serious offenses—such as using fake profiles to harm national sovereignty or disrupt public order—violators could face up to five years in prison and fines of up to Rs 1.5m.
The bill also includes provisions against inciting illegal activities through social media. Those who encourage unlawful acts online could face additional penalties, including one extra year of imprisonment. Public officials and individuals receiving state benefits who are found guilty of violating these laws could face even harsher punishments, with penalties increased by 50 percent.
Additionally, anyone using children or minors to engage in such activities could face further legal action, including an extra year of imprisonment. Our constitution protects both the right to privacy and the right to information. However, the balance between these rights has long been debated. The recent ordinance on social media has intensified concerns over whether government regulations are necessary safeguards or excessive restrictions. Supporters argue that every right has limitations, citing the legal principle of Volenti Non Fit Injuria—which holds that individuals who voluntarily expose themselves to risk cannot later claim harm.
Cybercrimes have become a major concern in Nepal, with social media being the main platform for offenses such as identity theft, cyberstalking, fraud, sexual exploitation, and defamation. Children are among the most vulnerable to these threats. While the Electronic Transactions Act (ETA) 2063 provides some regulations for digital activity, its vague provisions fail to define cybercrimes explicitly.
Guilbeault’s research sheds light on how social media is exploited to manipulate public opinion and spread misinformation. AI-driven bots generate fake engagement, inflating the visibility of misleading content and fueling political polarization. Facebook’s algorithm is designed to promote content that generates strong emotional reactions, leading to an environment where misinformation spreads more rapidly than factual information.
The Cambridge Analytica scandal highlighted the risks associated with data harvesting and voter manipulation, demonstrating how social media can be weaponized for political influence. Attempts to regulate misinformation—such as the Honest Ads Act (2018)—have struggled to keep pace with the evolving tactics of digital disinformation campaigns. Guilbeault argues that, without regulatory intervention, platforms will continue prioritizing engagement-driven content, further eroding trust in news media and democratic institutions.
Addressing social media’s challenges requires collaboration between governments, tech companies, and users. Strengthening digital governance can mitigate the risks of misinformation, privacy violations, and unregulated data collection. As social media continues to influence personal relationships and public opinion, well-structured policies are essential to protect users while fostering genuine connections online.
A more responsible digital environment also depends on ethical self-disclosure and stronger media literacy. Users must be aware of the consequences of sharing personal information, while educational initiatives can help individuals identify and resist digital manipulation. Governments and tech companies must promote algorithmic transparency, ensuring that platforms serve the public good rather than amplifying harmful or misleading content.
The regulation of social media should not equate to censorship but rather ensure a safe and democratic digital space. Policy development should involve input from various stakeholders—including the public—to create fair and balanced solutions. Striking a balance between protecting free speech and preventing digital harm will be crucial in shaping the future of online communication.
As Nepal and the world navigate digital governance, the focus must be on promoting innovation while ensuring ethical responsibility. Transparent AI systems, improved content moderation, and legal frameworks that protect both user rights and public interest are critical to achieving this balance. Governments, tech companies, and individuals must work together to create a digital landscape where social media fosters meaningful connections without compromising privacy, integrity, or democracy.
The author is an advocate and development practitioner
