Nepal Introduces Stringent Social Media Bill to Combat Misinformation and Cybercrime
Kathmandu, Nepal – The Nepali government has introduced a comprehensive social media bill aimed at curbing the spread of misinformation, deepfakes, and various forms of cybercrime. The proposed legislation, tabled in the National Assembly, outlines a range of penalties for individuals and organizations found in violation of its provisions, including hefty fines and imprisonment. The bill seeks to regulate the use and operation of social media platforms within the country, addressing concerns related to fake news, online harassment, and national security.
The bill’s core focus is on combating the proliferation of false information. It explicitly prohibits the creation and use of fake identities, pages, or groups on social media platforms to disseminate misleading or harmful content. Individuals found guilty of such actions face penalties of up to three months imprisonment and fines of up to 50,000 Nepali rupees. The legislation takes a stronger stance against those who spread disinformation that threatens national sovereignty, territorial integrity, or national interests, with penalties reaching up to five years imprisonment and fines of 1.5 million Nepali rupees.
Recognizing the potential influence of public figures and those benefiting from state resources, the bill imposes stricter penalties on such individuals. Those holding public office or receiving state benefits face 50% higher penalties than ordinary citizens for violations. Furthermore, the bill introduces additional penalties for individuals who involve children or minors in these illegal online activities, adding a potential one-year prison term to their sentence.
The proposed legislation also tackles a range of online offenses beyond misinformation. It includes provisions against the spread of obscene content, imposing penalties of up to three months imprisonment and fines of up to 50,000 Nepali rupees. Sharing obscene materials with the intent to propagate, distort, or comment on them carries harsher penalties, with a potential two-year prison sentence and fines up to 300,000 Nepali rupees. The creation and distribution of deepfake videos, defined as content generated using artificial intelligence to manipulate a person’s likeness for malicious purposes, also fall under this category, facing similar penalties.
The bill introduces new regulatory requirements for social media companies operating within Nepal. Companies, firms, or organizations seeking to offer social media platforms must obtain government approval. Failure to comply with this requirement carries substantial penalties ranging from 2.5 million to 10 million Nepali rupees. The bill also holds authorized individuals accountable if they allow their platforms to be used for activities like promoting anti-national views, defamation, privacy violations, or concealing user identities, subject to the same hefty fines.
Beyond targeting platform operators, the bill addresses user behavior on social media. Users who fail to comply with legal requirements, including disclosing their true identities, could face fines up to 500,000 Nepali rupees. The legislation specifically prohibits the use of offensive language, images, videos, and trolling intended to harm an individual’s reputation. It also addresses hate speech, defining it as content that incites violence or hatred against individuals or groups, potentially disrupting social harmony. Those found guilty of spreading false information, distorting facts, or sharing prohibited content could also face a 500,000 Nepali rupee fine. The bill also criminalizes cyberstalking, defined as using internet technology for false accusations, surveillance, and privacy violations, with penalties of up to three years in prison and fines of 500,000 Nepali rupees. Hacking social media accounts, phishing scams, and sextortion are also addressed, each carrying penalties of up to three years imprisonment and 1.5 million Nepali rupees in fines. The bill includes provisions for victims to seek compensation for harm caused by these offenses, provided claims are filed within three months of becoming aware of the offense.
The proposed law has generated considerable discussion and debate within Nepal. While proponents argue that the legislation is necessary to address growing concerns over online misinformation, hate speech, and cybercrime, critics raise concerns about potential restrictions on freedom of expression and the broad scope of the bill’s provisions. The Nepali government maintains that the bill aims to strike a balance between protecting citizens from online harms and upholding fundamental rights. The bill’s ultimate impact on the Nepali digital landscape remains to be seen as it undergoes further scrutiny and potential amendments before becoming law.
