Advocating for Digital Rights and best practices in Nepal

Digital Rights Weekly/Year 3/Issue 06

Feb 09, 2024
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Installment of AITS Cameras: Kathmandu Under Surveillance
In Kathmandu Metropolitan City (KMC), Automatic Number Plate Recognition System (ANPRS), Facial Recognition System (FRS), and CCTV cameras with AI capabilities (AITS cameras) have been installed through collaboration with Nepal Police to enhance surveillance. NPRS cameras are positioned at 3 locations and FRS cameras at 10, aiding in identifying individuals and objects related to incidents. The total CCTV count in the city has reached 335, with 170 installed in the current fiscal year. These cameras are designed to recognize various attributes of vehicles such as type, number plate, color, and route, along with capturing the driver’s face. Based on this data, they can detect lane violations, entry into one-way streets, traffic rule violations, and unauthorized parking. Furthermore, the system facilitates facial recognition, allowing for the identification of individuals involved in incidents and tracking their movements if necessary.
The transition of CCTVs monitored by the police control room to AI-based systems from the previous video management system (VMS) is underway, with 1,352 cameras currently under surveillance. In the absence of specific laws regulating the use of data gathered through CCTV, the implementation of advanced surveillance technology raises concerns about potential data misuse. This situation poses a direct threat to citizens’ constitutional right to privacy, hence the need for appropriate legal safeguards and regulations.
SC Dismisses United Telecom’s Writs, Clears Path for Information Highway Project
The long-standing legal battle between United Telecom Limited (UTL) and Nepal Telecommunication Authority (NTA) over the Information Highway project has finally reached its conclusion. The Supreme Court has  dismissed all writs filed by UTL, including appeals related to the project and its license revocation.
In a significant ruling by the joint bench of Justice Prakashman Singh Raut and Abdul Aziz Muslim, the Court upheld NTA’s decision to terminate the contract with UTL and Space Teleinfra Private Ltd., effectively releasing the Information Highway project from the grasp of the non-operational telecom company after seven years of stagnation. With the dismissal of the writs, NTA can now reclaim its funds amounting to NRP 400 Million in bank guarantees from Kumari Bank, originally earmarked for project mobilization expenses. This development clears the path for the Ministry of Communication and Information Technology (MoCIT) and NTA to proceed with the mid-hill Information Highway project.

Nepal Officially Recognizes Ride-Sharing Services
In a significant move, Nepal has officially recognized ride-sharing services as a service-oriented industry under the Industrial Enterprises Act 2020. The government’s decision to include ride-sharing in this category was published in the Nepal Gazette on 1 February, following an amendment to the Act. This development, carried out under the authority granted by Section 65 of the Act, designates ride-sharing services under “serial number 66,” granting them legal status. Remarkably, this recognition comes seven years after the inception of ride-sharing services in Nepal, finally solidifying their position within the regulatory framework.
Moreover, there are parallel developments underway in Bagmati and Gandaki Provinces to introduce comprehensive legal frameworks for app-based ride-sharing services. In Gandaki Province, the Ministry of Physical Infrastructure Development and Transport has formulated the State Vehicles and Transport Management Regulations, 2080. Similarly, in Bagmati Province, efforts are in their final stages to establish a legal framework for app-based ride-sharing services. Balram Niraula, secretary at the Bagmati Province Ministry of Labour, Employment, and Transport, has confirmed the finalization of the Ride-Sharing Guidelines draft.

Government Initiates Electronic Good Governance Commission Bill
The Nepal government has approved a concept note to formulate the Electronic Good Governance Commission bill. During a Council of Ministers meeting on 8 February, the decision was made to advance the process of creating legislation aimed at establishing a system of good governance and reducing corruption. This initiative aligns with the common minimum program of Prime Minister Pushpa Kamal Dahal ‘Prachanda’s government, which included plans for the Electronic Good Governance Act.

SC Issues Show Cause Order in NTA Chairman Appointment Process
In a recent development, the Supreme Court (SC) has issued a show cause order concerning the process of appointing the chairman of the regulator Nepal Telecommunication Authority (NTA). A single bench led by Justice Prakash Man Singh Raut on 2 February issued the order on a writ petition filed on 1 February by a group of legal practitioners, alleging violations of the law in the call for applications for the position of NTA chairman. The controversy surrounding the appointment process of the NTA chairman has garnered attention which was highlighted in our last issue.

Cybercrime Cases on Rise: 13,330 Cases in First Seven Months
In the initial seven months of the current fiscal year 2080/81, the police have recorded a staggering total of 13,330 applications related to cybercrime. Among these, 11,425 pertain to incidents occurring on social media platforms, while 1,905 are linked to information technology offenses. Notably, law enforcement authorities have apprehended 51 individuals in connection with these cybercrime cases.
The spectrum of cybercrimes reported is extensive, encompassing various illicit activities. These include unauthorized image manipulation, such as placing individuals’ faces on nude photos, the dissemination of obscene content across social media channels, extortion through the control of sensitive information, hacking of government and organizational websites, and online fraud perpetrated through impersonation and deceptive practices.

Urgent Need for Media Regulation to Protect Children Online
Experts warn of the escalating threat posed by insensitive online content targeting children, stressing the urgent need for effective regulation. During the National Workshop on The Role of Media in Child Protection, organized by the Press Council Nepal, speakers highlighted the lack of seriousness from both social and mainstream media regarding children’s rights and safety. Emphasizing the necessity of monitoring and regulating content violating existing laws, they called for accountability from relevant authorities.

NTC Completes 5G Trials in Four Locations, Prepares for Expansion
Nepal Telecom (NTC) announces the completion of 5G trials in four key areas across the country. Trials were conducted in Babarmahal, Sundhara, Pokhara, and Birgunj, with plans to extend services to the remaining provinces pending approval from the Nepal Telecommunication Authority (NTA). Despite successful testing, user access to 5G remains pending. The company emphasizes its commitment to gradually expanding both 4G and 5G services in the near future.

Pakistan Implements Nationwide Mobile and Internet Service Suspension on Election Day
On 8 February 2024, Pakistan implemented a nationwide suspension of mobile phone and internet services coinciding with the election day. The Ministry of Interior released a statement, posted on X, citing recent terrorism incidents as the reason behind this action. The suspension of cellular networks aimed to uphold law and order and address potential threats, as stated by the ministry.
Reports from the global online freedom watchdog, NetBlocks, confirmed internet blackouts in various regions of the country. These disruptions were noted to be part of a broader pattern of digital censorship targeting political opposition over the preceding months.

NEPAL: CIVIC FREEDOMS AT RISK
The Civicus Monitor’s recent report on Nepal underscores the challenging environment for civic freedoms in the country. Documented violations include arbitrary arrests, excessive force against protesters, and the ongoing targeting of journalists. The report mentions recent ban on TikTok,  government directives imposing greater controls on social media, intimidation and attacks against journalists, the detention of activists, as ongoing challenges to civic space in Nepal.
Full Read At: Nepal: Civic freedoms at risk with Tik Tok ban, social media directive and targeting of journalists and protesters – Civicus Monitor
Digital Rights Weekly is a week-based update on Digital Rights and ICT issues, that happened throughout the week, compiled and analyzed from the digital rights perspective by Digital Rights Nepal (DRN). DRN is a not-for-profit initiative dedicated to the protection and promotion of digital rights, including the right to online freedom of expression and association, online privacy, access to information, and related issues such as internet governance, cyber laws/policies, and cyber securities in Nepal.
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Digital Rights Nepal is a not-for-profit initiative dedicated to the protection and promotion of digital rights in Nepal.

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