Social Media Bill 2081: Nepal Government Tightens Regulations on Social Media
You may have seen various news sites and Facebook pages discussing the newly introduced Social Media Bill 2081. This bill has been registered in the National Assembly and is set to become the Social Media Act 2081. It includes several concerning laws and penalties. Let’s dive into the details of the Social Media Bill 2081.
What is the "Social Media Bill 2081"?
The Social Media Bill, introduced by Minister for Communication and Information Technology Prithvi Subba Gurung, is a legislative proposal submitted to the National Assembly of Nepal.
The bill aims to regulate the operation, usage, and management of social media platforms within the country.
According to Minister Gurung, who also serves as the government's spokesperson, the bill mandates that all social media platforms operating in Nepal, including major platforms like Facebook and X, must obtain official operating permissions.
Furthermore, this requirement extends to individuals, companies, and institutions seeking to run social media services in Nepal.
Social Media Bill 2081 Will Fine and Punish For Inappropriate Social Media Use
The proposed Bill introduces multiple provisions that impose fines and imprisonment for various social media-related offenses.
Furthermore, any unauthorized operation of social media platforms in Nepal or violation of a ban could result in fines of up to Rs. 2.5 million.
Likewise, individuals involved in activities deemed harmful to national interests may face up to five years in prison, fines of up to Rs. 500,000, or both.
Section 18 of Chapter 5
This law prohibits any actions or encouragement of actions that endanger Nepal’s sovereignty, territorial integrity, national security, unity, independence, dignity, national interests, or harmony among federal units.
It also criminalizes hate speech and content that incites division based on class, caste, religion, culture, region, or community. So, violators may face imprisonment for up to five years, a fine of up to Rs. 500,000, or both.
Cybercrime Penalties as Outlined in the Bill:
- Cyberbullying (Section 19): Offenders could face up to two years in prison, a fine of up to Rs. 300,000, or both.
- Cyberstalking (Section 20): Stalking, harassing individuals, groups, or organizations online could lead to up to three years in prison, a fine of up to Rs. 500,000, or both.
- Hacking (Section 21): Unauthorized access to someone’s ID or information is punishable by up to three years in prison, a fine of up to Rs. 1.5 million, or both.
- Phishing & Impersonation Scams (Section 22): Engaging in fraudulent online schemes can result in up to three years in prison, a fine of up to Rs. 1.5 million, or both.
- Sextortion & Extortion (Section 23): Perpetrators could face up to three years in prison, a fine of up to Rs. 1.5 million, or both.
- Posting Explicit Content (Section 24): Sharing such material could lead to up to three months in prison, a fine of up to Rs. 50,000, or both.
- Spreading Obscene, False, or Misleading Content (Section 25): Offenders may be sentenced to up to two years in prison, a fine of up to Rs. 300,000, or both.
- Uploading or Distributing Deepfake Videos (Section 26): Violators could face up to two years in prison, a fine of up to Rs. 300,000, or both.
Social Media-Related Offenses (Section 27):
- Anonymous or Pseudonymous Social Media Activity: Creating or using fake accounts can lead to up to three months in prison, a fine of up to Rs. 50,000, or both.
- Spreading Misinformation Through Fake Accounts, Pages, or Groups: If such activities threaten Nepal’s sovereignty or national interests, penalties could include up to five years in prison or a fine of up to Rs. 1.5 million, based on applicable laws.
- Additional Penalties: Those who encourage social media offenses may receive an extra year in prison, while repeat offenders face double penalties.
Enhanced Penalties (Section 28 (2)):
- Public Officials & State Beneficiaries: If found guilty of offenses under this law, they may receive 50% harsher penalties.
- Use of Minors for Cybercrimes: Involvement of children in such offenses could lead to an additional year of imprisonment.
Is this Social Media Bill Good? Or Is the Government Creating A Barrier in our Freedom?
The Nepal government introduced this bill to regulate social media and address issues like cyberbullying and harassment, which is a positive step.
However, the Social Media Bill 2081 is currently facing criticism from both the press and the public. Many view it as a threat to free speech, arguing that some provisions impose excessive control over online platforms and users.
Under this bill, the government can initiate criminal proceedings against individuals, journalists, or media organizations if their content is deemed harmful to Nepal’s sovereignty, security, or unity.
Finally, we can summarize that the Social Media Bill 2081 has both positive and negative aspect, and the use of the this regulation can only define and result whether it is actually good or it has created a barrier in our freedom.