Advocating for Digital Rights and best practices in Nepal

Digital Rights Weekly/Year 2/Issue 24

Jun 16, 2023
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ICSID Rules in Favor of Nepal Government in Ncell Taxation Case
On 9 June, The International Centre for Settlement of Investment Disputes (ICSID), a global institution established by the World Bank to resolve investment disputes, issued a verdict in favor of Nepal Government in the ongoing dispute between the Nepal government and Ncell regarding the determination of capital gains tax (CGT) imposed on Ncell’s acquisition by Axiata. On May 20, 2019, Axiata Group had lodged a lawsuit at the ICSID claiming damages amounting to $420 million (Rs55.54 billion), alleging breaches of the bilateral agreement, injustice, and unjustified taxes imposition.
Government Directs Agencies to Enhance Social Media Presence
The office of the Prime Minister has issued a circular to all government agencies to be active in social media. The directive, communicated through a letter on 14 June, applies to constitutional commissions, federal commissions, federal ministries, offices, bodies, offices of chief ministers, and council of ministers of all seven provinces. As per the circular government agencies are required to maintain active social media profiles, aligning with the state’s policy of effectively addressing citizens’ grievances. Furthermore, the secretary-level decision requests these agencies to provide a report on their social media usage status.

Nepal Witnesses Surge in Mobile Banking Transactions and Users
According to the Nepal Rastra Bank (NRB), the monthly payment system index for month of Baisakh 2080 BS indicates a significant increase in both the transaction amount and user base of mobile banking in Nepal. Over the course of the past year, the mobile banking transaction has surged from Rs. 1.13 billion in Baisakh 2079 to Rs. 2.1 billion in Baisakh 2080, marking a remarkable growth rate of 84.83 percent. The number of mobile banking users has also witnessed a substantial rise, with the current count reaching 20 million as of May 2023. In May 2022, there were 17 million mobile banking users, signifying an impressive increase of 3 million users, equivalent to a growth rate of 17.46 percent, over the past year.

Government Drafts Guidelines to Regulate Ride-Sharing Apps
The government of Nepal has drafted a guideline to regulate ride sharing apps for two wheelers. The draft guidelines if issued would bring existing and future ride-sharing services under government regulation. Currently, ride-sharing services such as Pathao and Indriver, have not been subjected to government oversight, leading to increasing distortions in the service and hardships faced by individuals and companies involved in this profession. Under the proposed regulations, vehicles used for ride-sharing services would need to be registered according to specific criteria established by the government. The aim is to ensure proper oversight and standardization within the industry, promoting safety and quality services for both riders and service providers.

NTA Revokes License of Karnali Network Services
The Nepal Telecommunication Authority (NTA) has made the decision to revoke the license of Karnali Network Services Pvt Ltd, a company providing internet services, including email, based in Chandan Nath Municipality, Jumla. According to a Notice issued by the Authority on 12 June, the company’s license (License No. F.J. 1-129) has not been renewed within the specified timeframe, as required by the Telecommunications Act, 2053, Section 25 (5).

NTA ordered NTC and Ncell to Upscale Network Quality
The Nepal Telecommunication Authority (NTA) has raised concerns about the mobile network quality provided by Nepal Telecom (NTC) and Ncell Axiata in Ratnanagar, Chitwan. The authority has asked both NTC and Ncell to optimize network quality within a two-month period, and to inform the stakeholders accordingly. NTA’s evaluation of the network quality, based on its criteria outlined in the Telecommunication Quality Bylaw 2073, revealed that both NTC and Ncell failed to meet the preferred standards.

Cyber Crime This Week
1xBet Case: Several Persons Land in Police Net
On June 15, Nepal Police apprehended multiple individuals, including popular media figures Raju Paudel, Marichman Shrestha, Pawan Khatiwada, Alish Rai, Jalan Gharti Magar, Ganesh Devkota, Saroj Ghimire, and Begam Nepali, for their involvement in the advertising and promotion of betting website. The arrested individuals stand accused of endorsing betting websites and activities through their YouTube channels. Notably, their YouTube videos contained advertisements urging users to utilize a promo code for discounts on the 1XBet app.
Earlier on 14 June, Police detained five individuals for their involvement in online gambling. Among the suspects, Dinesh Khadka, the primary agent, was found to have conducted transactions amounting to Rs 640 million across 63 different accounts, as reported by the authorities. Transactions worth more than Rs740 million occurred in the said incident. Section 125 of the National Penal (Code) Act, 2017 prohibits gambling and betting in Nepal.

Nepal Police Booked two for Call Bypass
Nepal Police has arrested two individuals, one Nepali and one Chinese, for their involvement in call bypass activities. The police have initiated legal proceedings against them, citing their “illegal act” under the Telecommunication Act, 2053. According to the Central Bureau of Investigation, the individuals were engaged in international call and SMS bypass operations from their location in Mahalakshmi Municipality-5, Tikhathali Kharibot.

DRN Organized Stakeholder Dialogue on Hate Speech in Nepal
On 13 June, Digital Rights Nepal organized a stakeholder consultation in Kathmandu to discuss about the hate speech landscape in Nepal. The event brought together various participants, including lawyers, journalists, police officers, press council authorities, and civil society organizations. The primary objective of the dialogue was to share the initial findings on the “State of hate speech in Nepal” assessment study conducted by Digital Rights Nepal (DRN). The consultation aimed to foster meaningful discussions and engagement with key stakeholders involved in tackling this problem.
Publication
Supporting Safer Digital Spaces
“Supporting a Safer Spaces,” a comprehensive survey report, delves into the promotion of a secure digital environment, prepared under a project named Supporting Safer Digital Internet.  This initiative is a multi-year research project conducted in collaboration with the International Development Research Centre (IDRC). This survey encompassed 18 countries, with a specific emphasis on the Global South, and garnered crucial insights into people’s encounters with online harms; various forms of technology-facilitated gender-based violence (TFGBV), ranging from cyber stalking, impersonation, and non-consensual distribution of intimate images to orchestrated networked harassment, inflict severe harm and effectively silence the voices of women, gender-diverse individuals, and LGBTQ+ communities within digital spaces.
For more: Supporting a Safer Internet – Centre for International Governance Innovation (cigionline.org)
Opportunities 
Registration for APNIC 56 is Open Now!!!
Registration for APNIC 56 is open. The APNIC 56 workshops and partner meetings will be held in Kyoto, Japan from 7 to 11 September followed by the conference from 12 to 14 September 2023. To participate in the meeting Register | APNIC 56

Atlas Corps Fellowship Open!!
Atlas Corps extends an invitation to social change leaders worldwide to apply for their esteemed Blended Fellowships spanning 12-18 months, as well as 12-month Remote Fellowships, set to commence in 2024. Interested applicants are encouraged to submit their applications by July 30, 2023, to receive priority consideration for Fellowships commencing in 2024.
To apply: http://apply.atlascorps.org

Registrations for APrIGF, NetThing, Pacific IGF and Youth IGF are now open!!
Registration for the Asia Pacific Internet Governance Forum (APrIGF) NetThing, Pacific IGF and Youth IGF has opened. These events are scheduled to be held between 29-31 August 2023 in Brisbane, Australia. Participants have the flexibility to choose the specific events they wish to attend and indicate their preference for virtual or on-site attendance, while registering to the events.
For Registration: APrIGF 

Do You Know?

The Nepal Government has established a set of standards that government websites are required to follow. Being aware of these standards is of utmost importance to ensure the compliance of government websites. Our awareness significantly contributes to fostering adherence to the prescribed standards for government websites. #DigitalAccess #digitalrights #EGovernance

Online Security Matters !!!

While we often prioritize safety by installing strong locks in our homes, it’s crucial to consider our online security as well. #cybersecurity #privacy #dataprotection

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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