Tackling misuse of digital platforms and cyber crimes

Twenty three-year-old Samana Karki (name changed) woke up one early morning after receiving a barrage of disturbing messages. Someone had misused her photo to create a fake Facebook account to disseminate inappropriate contents. Karki was shocked. “I felt helpless,” she recalls.

Karki’s story reflects a broader, alarming trend of online harassment and misuse of digital platforms, raising questions about user safety and accountability in Nepal’s digital landscape.

According to DataReportal, 16.5m internet users were identified in Jan 2025, making up 55.8 percent of Nepal’s total population. As new media technologies, like social media, enable users to interact in two-way communication, the misuse of it has also grown. Most of these crimes appear on social media platforms like Facebook, Messenger, TikTok, WhatsApp, and Instagram.

Ramesh Thapa, central spokesperson of Nepal Police, says that social media as a tool for information sharing is being misused as a medium for cybercrime in recent days. As per Nepal Police, Annual Factsheet on Cyber Crime, complaints related to cybercrime increased by 119 percent in the fiscal year 2023/24 compared to 2022/23. The highest number of cybercrime cases was registered at the Cyber Bureau, while Sudurpashchim Province recorded the lowest. Among those affected, 44.32 percent were women.

Individuals facing harassment on social media in Nepal are protected under various legal provisions. Section 47 of the Electronic Transaction Act, 2063, criminalizes the act of teasing, harassing, or insulting an individual through an electronic medium. In sections 47 (1) and (2), there is a penalty for the culprit, a charging fine of Rs 100,000 and imprisonment of five years in case if anyone teases, rags, humiliates, or disrespects an individual through undignified activities, using online.

Additionally, Section 300 of the National Criminal Code, 2017 penalizes anyone with malicious intent to instill fear, distress, or uses written communication or digital media to threaten, annoy, tease, or defame another person. The offenders can face the punishment of imprisonment for up to one year, a fine up to Rs 10,000 or both.

Despite these legal provisions, Advocate Sulochana Dhital says: “The case of fraudulent activities, revelation of privacy, blackmailing have not been addressed independently. They don’t get much legal attention, and many women, girls, and even minors become victims due to the lack of sufficient legal provisions or remedies.”

An example that sheds light on this problem is the case of  Bina Rai (name changed), who was a victim of online fraud in Saptari. She received a WhatsApp message from someone posing as a government official offering financial assistance. Believing the message, she shared her personal details and made a payment. After reaching out several times after payment, and when follow-up communication stopped, Rai realized she had been scammed. Rai realized women's vulnerability in digital spaces where digital literacy and awareness are still lacking. She fears that her personal information might be used for inappropriate purposes.

Advocate Surendra Tiwari, of Imperial Law Associates, says: “To tackle the growing issue of digital crimes such as hacking and online fraud in Nepal, several improvements are necessary in the country’s cyber laws and enforcement mechanisms. The Electronic Transaction Act regulates the matters relating to offenses through electronic media in Nepal, but the cases of online harassment are still increasing, which indicates that the existing legal provisions are insufficient, so making their amendment is an absolute necessity.”

He adds: “There is still a significant lack of professionals necessary to investigate cybercrime cases and a lack of public awareness regarding online fraud. Many people still use weak passwords and fall for scams by clicking on any suspicious links, making it easier for hackers and scammers to gain access to the data of the people.”

Building on this concern, the spokesperson of Nepal police, Thapa, says: “The public must recognize the importance of the information shared by the police, as it plays a key role in preventing incidents like online fraud, identity theft, and cyberbullying.” He states that a collaborative awareness campaign under the Community Police Partnership is launched at the school and college level to promote cybersecurity awareness on a large scale. 

However, the rise of social media use, particularly among youth, has led to increasing cases of cyber abuse. One such example is Goma Poudel (name changed), who recalls the trauma of being blackmailed with private videos. “The widespread use of my videos is destroying me mentally,” she shares.  For her, the impact goes beyond privacy and is about psychological abuse, a digital violence that takes an immense mental toll. Poudel also reveals how she was blamed by society instead of being supported.

Addressing this societal perspective, Advocate Dhital says that women are objectified in various contexts, often blamed for being open to men, and face character assassination when they report online harassment. “This social stigma is coupled with fear in the police stations and even in the courts, where many staff are men, where women feel humiliated for repeating the same versions of harassment,” he says. 

Puja Neupane recalls how she fell victim to a job scam. A fraudster promised her a job in exchange for a Rs 50,000 advance payment. She later reported the issue, only to realize it had been a scam all along. “Had I known the consequences, I would never have handed the money in advance,” she says. Her case highlights the lack of awareness about cybercrime and the risk that accompanies Nepal’s digital transition.

In response to these rising cases, Advocate Tiwari says, the amendments to the existing laws of Nepal are required, along with the introduction of a new regulatory framework, as legal provisions that address online harassment remain largely ineffective. Both the enactment of comprehensive laws and their proper implementation are essential to ensure stronger legal protection for victims.

Tiwari says: “If the proposed Social Media Bill, which is currently under discussion in the Parliament, is enacted, then it will introduce a comprehensive regulatory framework targeting the misuse of social media platforms.”

Further, he shares that, the bill seeks to criminalize online behaviours that are currently widespread, including the use of social media as a tool for cyberbullying and harassment, creating fake ids, fraudulent transactions, hacking personal accounts or stealing sensitive information, and posting or sharing graphic or violent content, such as brutal photos or videos.  Nonetheless, Tiwari also acknowledges concerns. “If passed, this would bring many harmful online behaviours, including the use of social media to spread content related to gender violence, sexual harassment, prostitution, issues that  are prohibited under current laws,” he says.  “It may seek to curtail the freedom of expression at large and impact raw creativity and positive criticism.” He advocates a balanced approach to protect digital rights and safety.

With the continued expansion of digital media, there is a high probability of increased cybercrime in the future. In today’s world, where technology shapes nearly every aspect, understanding the complex effects of the digital landscape is essential. While these platforms can serve as an important tool for sharing information, they also pose threats when used irresponsibly. It is the urgent role of government bodies to take an active role in promoting digital safety and improving knowledge about cyber threats in a wider range, as it is urgent to address these issues.

Advocate Dhital underscores the need for a separate law that would focus only on cybercrime. “The existing law is the intermingling of many issues, resulting in being unable to incorporate many more issues related to cyber or online crime,” she says.

Dhital recommends a stronger penalty for repeated offences, along with free counselling and legal aid to victims to support their mental state. “Introducing an online harassment course in the school curriculum is also essential, as people’s daily lives are highly influenced by what they consume online. Understanding the dos and don’t of the internet in this digital age is critical,” she says.