Draft Bill Proposed by Nepal Government Could Violate Citizens’ Freedom of Expression and Right to Privacy
The Nepalese government is planning to introduce a draft bill that could encroach on citizens’ privacy and fundamental rights guaranteed by the Constitution. The Ministry of Communications and Information Technology has drafted a bill to enable government officials to record conversations made by citizens on telephones, mobiles, and social media without informing the court about the reasons for the suspicion or obtaining information. Section 77, 79 and 80 of the draft impact on right to freedom of expression and opinion and right to privacy, if passed in proposed form. Earlier, the Council of Ministers meeting held on 20 March had approved the concept paper for the bill.
The Supreme Court had previously issued a mandamus to prevent the monitoring of citizens’ communications in February 2016, ensuring that the executive did not have discretionary powers. If this bill is passed, authorities seeking to access someone’s phone calls or SMS records will no longer need a court permit. Section 77 (1) of the draft says the investigative body can record calls of anyone, or get the details disclosing the identity or other details from the service provider if the person in question is believed to be engaged in activities against Nepal’s sovereignty, territorial integrity, national interest, treason, crime or organized crime or criminal offence. Such a provision allowing interception of all kinds of criminal offences, irrespective of their gravity, which is not justifiable on the grounds of ‘necessity’ and ‘proportionality’.
A broad provision under Article 77 (2) is even more problematic. The provision of direct access to the entire system of service providers is aimed at widespread surveillance of citizens. Furthermore, the proposed provision says authorized agencies can use any ‘appropriate technology’ they deem necessary. Similarly, Section 79 states that investigating officers can also deactivate a telephone, mobile or communication media.
The draft bill does not distinguish between emergency and non-emergency situations, and the vague term “authorized investigation agency” is not clearly defined. It is also unclear which personnel from such agencies will have access to private phone records.
The government has been questioned on why it is trying to restrict people’s basic freedoms and violate their right to privacy, which are the essence of democracy. The proposed draft is seen as a brutal attack on the right to privacy, the right to information, and free speech. Digital rights Nepal strongly objects to the provision, which threatens the freedom of expression and privacy of an individual, which is a constitutional right.
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PCN Monitoring and Recommending YouTube channel spreading Fake News
The Press Council Nepal (PCN) has been monitoring the content transmitted through social media, particularly YouTube channels that are not affiliated with any media. The council has found that such channels are spreading exaggerated content that violates personal privacy, affects justice delivery, and distorts relationship between different caste, community, and family. Some YouTube channels were found disseminating disinformation, rumored content, and content that goes against professional dignity, all in the name of social activism to increase their views.
The PCN has recommended that the Nepal Police (Cyber Bureau) take action against YouTube channels that violate the prevailing acts, rules, guidelines, and code of conduct during the monitoring. The council has also submitted its recommendations to the government along with the task force report.
Over 1.84 Crore Subscribers use 4G in Nepal: NTA MIS Report
Nepal Telecommunication Authority (NTA)’s latest MIS report for Mangsir reveals that the number of 4G users in Nepal has exceeded 1.84 crores. The report indicates a slight increase in the total number of 4G subscribers across all telecom networks in Nepal compared to the previous month of Kartik, 2079. Nepal Telecom (NTA), Ncell, and Smart Cell are the major providers of 4G services in Nepal, with varying coverage and services. As per the report, the current number of 4G subscribers in Nepal stands at 1 crore, 84 lakhs, 84 thousand, and 94. In Kartik, the report showed a total of 1 crore, 83 lakhs, 63 thousand, and 680 4G subscribers, indicating that the telecom operators added 1 lakh, 20 thousand, and 414 new users in just one month.
Digital Wallet and Payment Soars to New Heights
According to the latest data from Nepal Rastra Bank (NRB), the number of digital wallet users in Nepal is consistently setting new records every month. As of the end of Magh, there were over 1.61 crore mobile wallet users across Nepal, indicating a year-to-year growth of 46 percent from the previous fiscal year (FY) 2078/79.
In addition, the digital wallet market in Nepal continues to see an uptick in transactions. Until Magh of FY 207/80, transactions worth Rs 17 billion were successfully completed compared to Rs. 14 billion until Magh of FY 2078/79.
Overall, the increasing number of digital wallet users and transaction volumes in Nepal suggests a promising future for the digital payment ecosystem in the country.
Nepali Police Crack Down on Illegal Betting Group
The Kathmandu Valley Crime Investigation Office has uncovered a group of six Nepali agents involved in illegal betting and transactions of millions of rupees through dozens of accounts using fake betting companies. The group transacted around Rs 600 million in different games and activities launched globally, as per the preliminary investigation by the police. During the investigation, police discovered that the group had used over 336 SIM cards from various telecom companies, and were acting as agents of the 1XBet betting company. The accused made transactions through dozens of accounts and companies, with a total of Rs 77.787 million already found transacted.
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Research and Publication !!!
Online Harassment and Censorship of Women Human Rights Defender
The report on ‘ Online Harassment and Censorship of Women Human Rights Defender’ is based on interviews with 12 female human rights defenders from various countries including Nepal, who all experienced hate speech online, including rape and death threats. Conflict zones are particularly vulnerable to harassment, and women often feel unsupported by tech platforms. The report suggests a joint effort by lawmakers, activists, journalists, educators, and tech companies to prevent harassment in the digital realm and a cultural shift towards attitudes towards women. |
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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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