Digital Rights Weekly/Year 2/Issue 01

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Access to Internet Disrupted: Dispute between Service Providers and Regulators Continues

The Nepal Electricity Authority (NEA) and Internet service Providers (ISPs) have been at odds over the rental of utility poles for fiber cables. NEA has demanded payment from the ISPs, who claim to have already paid their bills. The ISPs have criticized NEA for raising the charges for the utility poles, which they view as unreasonable. This follows months of conflict between NEA and ISPAN over the use of the utility poles. Both ISPs and NEA have been at loggerheads in recent months, as both remain unflinching in their respective positions.

Last week, ISPAN called on the government to intervene in the dispute and warned that an Internet shutdown could occur anywhere in the country anytime. Reacting on the situation, earlier this week, the Nepal Telecommunication Authority (NTA), a regulatory body to oversee TELCOs and ISPs, wrote to the Ministry of Information and Communication Technology regarding breakage of Internet cables and power cut off to ISPs by the NEA, calling such activities as violation of human rights. Nevertheless NEA continued its action and cut off power supply to ISPs’ Data Centers in Pokhara, leading to an internet outage in Pokhara and other areas. The lack of coordination and resolution to the issue has caused months of uncertainty and disrupted Internet services.

Disruption in the access to the Internet is a violation of human rights as it directly impacts on individuals right to freedom of expression and opinion, right to information and many other fundamental rights. DRN urges the MOCIT, NEA, ISPAN, NTA and other stakeholders to resolve the dispute amicably and ensure unhindered access to Internet.

Despite the Porn Website Ban, Sites Open Feely

In 2018, the government of Nepal shut down access to porn sites, claiming that easy access to sexually explicit content on the internet had contributed to a rise in sexual violence. Despite the ban, many porn sites remain easily accessible without the use of VPNs or ToR. The Nepal Telecom Authority has repeatedly issued notices about the shutdown of these sites, but has been unable to effectively enforce the ban. Digital Rights Nepal has opposed the indiscriminate shutdown of sites, without an open and transparent process.

NT Requested to Use SIM Card Registered in Own Name

Nepal Telecom (NT) is encouraging its customers to use SIM cards registered in their own names for the purpose of digital safety. The company noted that phone numbers have become essential for a variety of daily activities, including banking and other digital services, and urged users to protect their data by ensuring that their SIM cards are registered in their own names.

Supreme Court Issued a Show Cause Order in a Writ Filed by DRN

The Supreme Court of Nepal ordered a show cause in a writ petition, filed by DRN and others, calling for the repeal of a legal provision granting immunity to policy-level corruption by limiting the constitutional jurisdiction of the Abuse of Authority Investigation Commission (Writ No. 079-WC-0016). The Constitutional Bench of the Supreme Court has ordered the opposition Government of Nepal and the Prime Minister’s Office to show cause for why the legal provision prohibiting the CIAA from investigating “policy decisions of the Council of Ministers” should not be abolished.

NRB Allows Foreign Investment in Digital Payment Companies

Nepal Rastra Bank (NRB) has opened door for foreign investment in digital payment companies by issuing a “Payment Service Organization Permission Policy 2079” on January 5, 2023. Previously, there was no provision for foreign investment in payment-related institutions. As a result, some organizations operating in this sector were not able to obtain permission to bring in foreign investment. NRB has stated that the door is now open for foreign investment, with the requirement that at least one director could be a foreigner.

Digital Rights Weekly is a week-based update on Digital Rights and ICT issues, that happened throughout the week, complied 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 law/policies, and cyber securities in Nepal.