Bill to regulate social media raises risk of free speech and free press being casualty in Nepal Premium

Criticism mounts over Nepal's new social media laws, with concerns raised about free speech and media freedom.

The K. P. Sharma Oli government’s move to enact new laws in Nepal to regulate social media has met with fierce criticism, with free speech advocates warning of serious implications for freedom of expression in the country.

Communications and Information Technology Minister Prithvi Subba Gurung registered the “Bill Related to Operation, Use, and Regulation of Social Media in Nepal” in the Upper House of the Federal Parliament on January 28. The proposed Bill aims at making the operation and use of social media sites disciplined, safe, and systematic. It also seeks to regulate them by holding operators and users responsible and accountable “to promote social harmony and cultural tolerance.”

In its objective, the Bill states that there will be a significant improvement in information safety and the privacy of personal details once the new laws are enacted and implemented. The Bill is also necessary for social media companies to register in Nepal, as the country lacks specific laws to that effect, the government has argued.

But experts say that although the need for regulating social media platforms cannot be dismissed, some of the provisions are so vague and convoluted that the authorities could use them as a tool to silence critics and dissent.

Tara Nath Dahal, director of Freedom Forum, an organisation working for free speech and the promotion of democracy, says the Bill is flawed from the outset.

“This Bill ostensibly claims to regulate social media, but its provisions are laid out in such a way that it attempts to control everything on the Internet,” said Mr. Dahal. “The Bill even lacks the clarity about what constitutes social media and what qualifies as traditional media. It has been introduced without a proper understanding of the digital ecosystem and how it functions.”

According to Mr. Dahal, what the government needed to do was introduce an integrated Bill that could address issues related to the information technology industry, data protection, security, and other digital problems.