Digital Rights Weekly/Year 2/Issue 25

Jun 23, 2023

All District Court to hear Cyber Crime Cases
In a significant move, the government has delegated jurisdiction to all district court to initiate and resolve cases falling within the purview of Chapter 9 of the Electronic Transaction Act, 2063 BS. A cabinet meeting held on 20 June solidified the decision to maintain district courts’ jurisdiction over cybercrime. Minister of Communications and Information Technology, Rekha Sharma, announced that this decision was made in accordance with sub-section 5 of Section 60 of the Electronic Transaction Act, 2063 BS.
Instead of establishing an IT tribunal as specified in the Act, the Government of Nepal has chosen to grant jurisdiction over cases governed by the Electronic Transaction Act, 2007 to all district courts. This decision, outlined in Section 60(5) of the Act, allows the government to assign a particular court the authority to try and hear such cases by issuing a notice in the Nepal Gazette. Prior to this development, only the Kathmandu district court had the jurisdiction to handle cases falling under the Electronic Transaction Act, 2007.

Department of Customs Urges Registration of Unregistered Mobile Phones under MDMS
The Department of Customs has issued a request to register mobile phones that have not yet been registered with the Mobile Device Management System (MDMS) by mid-July. In a notice released on 22 June, the Department has asked subscribers to complete the registration process for their mobile phones.
According to the provisions stated in Section 24 of the Finance Bill 2080, mobile phones imported into Nepal on or before May 29, 2080, which remain unregistered in the MDMS system for various reasons, can now pay the required revenue online for registration purposes. To register their phones under MDMS, individuals need to visit the website of the National Telecommunications Authority (NTA) and follow the prescribed procedure.
As reported by the NTA, approximately 5.5 million mobile phones and 8,327,606 IMEI numbers (as most phones have two IMEI numbers) have not been registered with MDMS. This data covers the period from 15 September 2022 to 29 May 2023. Users will have the opportunity to register the IMEI numbers of these mobile phones with MDMS by making a lump sum payment before the mid-July deadline.Power Outage at GIDC Disrupts 1,500 Government Websites
Approximately 1,500 government websites, operating under the domain .gov.np, were directly impacted by power outage at Nepal’s sole government data center, Government Integrated Data Centre (GIDC) in Singha Durbar. The Spokesperson for the National Information Technology Centre (NITC) confirmed that all services provided by the center were disrupted due to the power supply failure. NITC issued a statement to clarify the cause of the website outage and provided information on their subsequent restoration.KMC Plan and Policies for FY 2080\81 and ICT Priorities
Kathmandu Metropolitan City (KMC) has unveiled its policies and programs for the upcoming fiscal year 2080/81 BS, which includes various ICT related plan and policies.
One of the key initiatives introduced by KMC is the mandatory installation of GPS systems in public vehicles operating within the metropolis. These GPS devices will be integrated with the e-transport app to enhance monitoring and management of public transportation services. Additionally, KMC plans to conduct a feasibility study in collaboration with the government to explore the implementation of an electronic bus rapid transit (e-BRT) system and a flyover. Within the year, a concrete proposal will be submitted based on the findings of the study.
Similarly, KMC is set to construct ducts for fiber and cable expansion works along major roads. The policy and program also emphasize the development and implementation of utility sharing procedures, promoting the concept of shared infrastructure. To address the issue of wire management in a chaotic manner, KMC will collaborate with the Nepal Telecommunication Authority (NTA) and internet service providers to establish proper wire management practices.

OCR Introduces Online System for Company Registration and Cancellation
In the upcoming fiscal year 2080/81 BS, the Office of Company Registrar (OCR) has taken the initiative to initiate online system for registration and cancelleation of companies . This move aligns with the provisions outlined in the budget for FY 2080\81. Furthermore, the Registrar’s Office has issued a notice, urging companies to update their information in preparation for the online registration and cancellation process.

Nepal vs. USA Cricket Match Sets New Internet Bandwidth Record
According to Internet Exchange Nepal (NPIX), the enthralling World Cup Qualifier Match between Nepal and USA has achieved a remarkable feat by generating a record-breaking internet bandwidth consumption of 81.46 Gbps. This milestone was reached during the captivating match that took place in the ongoing ICC Cricket World Cup Qualifier 2023, ultimately resulting in Nepal’s victory.
To put this into perspective, the average internet bandwidth currently stands at slightly above 24 Gbps at the time of writing. However, on June 20, it peaked at an impressive 81 Gbps, marking the highest internet bandwidth consumption ever recorded.

Nepali Workers Rescued from Online Fraud Operation
A group of 65 Nepali workers who fell victim to an online fraud operation in Pampanga, Philippines, have been successfully rescued and safely returned to Kathmandu. The Philippine police have retained four Nepali individuals as witnesses in the case. The Nepali Embassy in Malaysia, in collaboration with the International Organization for Migration (IOM), facilitated the repatriation of the victims by providing air tickets for their journey.
The Philippine National Police conducted a raid at the Racluck Sun Valley Hub Corporation located in Racluck Freeport, Pampanga, as well as the Special Economic Zone in Mavalakat. This operation led to the rescue of a total of 1,137 foreigners, including 69 Nepalis. Subsequently, the police apprehended 12 individuals on charges of engaging in fraudulent online activities.

UNESCO IUI Draft National Assessment Report Reviewed
On June 18, the Ministry of Information and Communications (MoCIT) organized a comprehensive review session to discuss and integrate the recommendations provided by the Multi-stakeholder Advisory Board (MAB) into the draft report on Nepal’s Internet Universality Indicators (IUI) based on UNESCO’s ROAMX framework. This session aimed to assess Nepal’s advancement in the IUI indicators.
UNESCO, MOCIT and Digital Rights Nepal jointly conducted an evaluation of the IUI indicators in Nepal to gauge the country’s performance. The purpose of this assessment was to gain valuable insights into Nepal’s standing in these indicators. Currently, Nepal is among 33 countries worldwide undergoing an assessment of their in-country internet ecosystem using the ROAMX framework developed by UNESCO.
During the event, Santosh Sigdel, Executive Director, Digital Rights Nepal, presented the draft assessment report to the Multi-stakeholder Advisory Board (MAB), headed by the Ministry of Communication and Information Technology (MoCIT).
The forthcoming IUI report holds great significance for various stakeholders, including civil society organizations (CSOs), human rights activists, educators, policy makers, and others. It is expected to serve as a valuable resource in the development of mechanisms aimed at addressing the digital divide and promoting inclusive digital democracy in Nepal.

Policy Guide to Address Hate Speech Through Education Launched
In commemoration of the International Day for Countering Hate Speech, UNESCO, in collaboration with the United Nations Nepal and UNIC, organized a sub-regional event in Kathmandu on June 20, 2023. The event marked the launch of “Addressing Hate Speech Through Education: A Guide for Policymakers.”
The event brought together policymakers, educational stakeholders, and youth leaders from seven countries: Nepal, India, Bhutan, Sri Lanka, Bangladesh, Maldives, and Pakistan. The primary objective was to disseminate the principles outlined in the policy guide, fostering a deeper understanding and application of its recommendations.

Opportunity

Virtual School on Internet Governance
The Group I Virtual School on Internet Governance English course is now open for registration. The course starts on September 4th. The organizer will contact all the registered participants in August 2023.
To register: Virtual School on Internet Governance

Do You Know?

The Child Rights Committee published new legal guidance on how governments should protect children’s rights in the digital environment. General Comment 25 on children’s rights in relation to the digital environment says States have a clear responsibility to provide oversight on how children fare in the digital world. #childrightsonline #childsafety

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.