Nepal’s Social Media Bill Sparks Outcry Over Free Speech And Privacy Concerns

• Nepal introduces the Social Media Bill, aiming to regulate digital platforms and social media usage.
• Provisions include licences for platforms, content removal powers, and fines for social media activities.
• Critics claim the bill curtails freedom of speech and violates the Constitution of Nepal.
• Former PM Pushpa Kamal Dahal and opposition leaders denounce it as government overreach.
• The bill mandates real identity disclosure, raising privacy concerns.

Introduction of the Bill Amid Backlash

Nepal has moved forward with the controversial Social Media Bill, despite strong opposition from political leaders, social media users, and free speech advocates. Minister for Communications and Information Technology, Prithvi Subba Gurung, presented the bill in the National Assembly, citing the need for systematic regulation, social harmony, and digital security.

However, critics argue the bill is a veiled attempt to impose censorship and suppress free expression. Opposition leaders have called for public consultation before passing the bill, warning that it could threaten democracy and fundamental rights.

Key Provisions of the Bill

1. Licensing and Regulation of Digital Platforms
   • Social media companies must obtain a licence, valid for two years, and undergo renewal.
   • Authorities can ban platforms and remove content deemed inappropriate.
2. Restrictions on User Activities
   • Users can face fines up to NRs 500,000 for posting, liking, sharing, commenting, tagging, or using hashtags with “malicious intent.”
   • Satirical content or criticism of government officials may also be penalized.
3. Mandatory User Identity Disclosure
   • Clause 12(H) requires users to reveal their identity to social media platforms.
   • Critics argue this compromises privacy and increases government surveillance.
4. Government’s Investigative Powers
   • Clause 12(J) mandates social media platforms to provide user data for criminal investigations.
   • Failure to comply may result in penalties between NRs 2.5 million to 10 million.
5. Ambiguous “Malicious Intent” Clause
   • Clause 16(2) criminalizes social media engagement with “malicious intent”, but fails to define the term.
   • Critics fear subjective enforcement and potential abuse of power.
6. Rapid Response Team for Social Media Violations
   • The government plans to create a special task force for immediate action against social media violations.
   • Critics argue this is unnecessary government control over digital discourse.

Opposition and Public Reaction

• Former PM Pushpa Kamal Dahal criticized the bill, stating:
  “Are you above the Constitution? Are citizens your slaves? The bill is an attempt to stifle freedom of expression and press.”
• MP Sumana Shrestha (RSP) demanded public consultations, arguing that youth voices were ignored in drafting the bill.
• Journalists, activists, and netizens condemned the vague language and harsh penalties.

Constitutional Violations

The bill contradicts Articles 17 and 19 of Nepal’s Constitution:

• Article 17 (Right to Freedom):“No person shall be deprived of personal liberty.”
  • The bill restricts online expression and penalizes engagement.
• Article 19 (Right to Communication):“No prior restrictions shall be imposed on media content.”
  • The bill grants authorities power to regulate and remove content.

Legal experts warn that such provisions could empower authorities to suppress dissent and target critics.

Conclusion

Nepal’s Social Media Bill has sparked widespread opposition over concerns about censorship, privacy violations, and government overreach. While the government claims it aims to regulate digital platforms and prevent harm, its provisions threaten constitutional rights and democratic values.

With growing resistance from opposition leaders, activists, and digital rights groups, the future of the bill remains uncertain. Will Nepal reconsider its approach, or push forward despite backlash?