Advocating for Digital Rights and best practices in Nepal

Digital Rights Weekly/Year 2/Issue 27

Jul 07, 2023
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E-commerce Bill 2080 Tabled in the Parliament
The Minister of Industry, Commerce, and Supply, Ramesh Rijal, presented a bill in the National Assembly on June 27 to regulate e-commerce. The main objective of this bill is to legalize online business operations and ensure compliance with taxation regulations. It aims to establish a strong legal foundation for individuals, firms, companies, and organizations involved in electronic commerce. E-commerce, which involves buying and selling goods or services through digital platforms, is gaining momentum in Nepal.
The bill requires compulsory registration for engaging in online business (Section 3), establishment of electronic platform (Section 4), mandatory listing in the government e-commerce portal (Section 5), provisions on product and service information (Section 6). Similarly, it has ensured buyer’s right to return (Section 10), confidentiality and data privacy requirements (Section 12) and grievance handling mechanism (Section 33).
It is important to note that Section 21 of the bill provides that the individuals engaging in e-commerce without establishing an electronic platform, operating businesses without listing on the government’s e-commerce portal, or failing to disclose details of the products or services provided may face fines ranging from Rs. 10,000 to Rs. 50,000 imposed by inspection officials. The provision directly affects the individuals, especially doing business in small investment, who exclusively engage in online business through platforms like Facebook, Instagram, TikTok, or other social media platforms without proper e-commerce platforms.
Similarly, the bill doesn’t have clear provision for consumer compensation in cases of contract violations. The bill though mentions about the digital contract, but has failed to mention about digital signatures, and it lacks a specified time limitation for lodging complaints against e-commerce activities.
NTA Pursues Third Mobile Service Provider to break Duopoly of NTC and Ncell
Nepal Telecommunication Authority (NTA) has come up with a plan to facilitate bringing a third mobile service provider in Nepali market. A third mobile operator is required to break the duopoly of NTC and Ncell in the Nepali telecom market, according to the concept paper on the current status and future plan of frequency use in mobile service in Nepal, made public by the Authority. According to the report, due to duopoly in mobile services, competition has been reduced and its impact on quality has also been reflected in recent times. Based on the prevailing laws, it is impossible for a new service provider to operate the service as a mobile operator. In view of this, the Authority is preparing to formulate a law to grant licenses on the basis of frequency auction. At present, only organizations licensed for telecommunication services can get frequencies.
According to the concept paper, the winner of the next auction will get spectrum as well as the license of the mobile broadband service provider. Such a service provider will be eligible (license) for any service opened by the Authority until expiry of license.

KMC Mandates Digital Ticketing for Film Halls and Casinos
The Kathmandu Metropolitan City (KMC) has issued an order requiring film halls and casinos in Kathmandu to implement digital ticketing systems. KMC issued a letter to 17 cinema halls and 6 casinos on 4 July to transition to a digital ticketing system within 3 days if digital system is already in operation and 30 days if digital system is not already in place. This decision aligns with the city’s ongoing efforts to digitally transform its services.

Lalitpur Metropolitan City Implements Metric Address System for 60,988 Houses
Lalitpur Metropolitan City has successfully implemented a new metric address system for over 60,988 houses within its territories. The local government recently completed the task of updating and distributing house numbers, aligning them with the city’s road network and metric system. This initiative, which was prompted by a resolution passed six years ago, aims to enhance convenience for residents and visitors by facilitating easier navigation and location of residences. According to the officials of Lalitpur Metro, a total of 60,988 houses across all 29 wards of the metropolitan city now have been assigned house numbers based on the road network and metric system.

Online Payment Option Introduced for Driver’s License Revenue in Nepal
The Minister for Physical Infrastructure and Transport, Prakash Jwala, launched a new online payment system for driver’s license revenue on 5 July. Initially, this service will be available in Gandaki State and will later be expanded to other provinces. The introduction of this system allows customers to access electronic services such as driving license examination, application for class addition and renewal, and online payment of revenue, providing greater convenience and efficiency.

1X Bet Agent found involved in Identity Theft and Illegal Financial Activities
The police have completed their investigation into 13 individuals, including Dinesh Khadka, a Nepali main agent associated with ‘1X Bet’. Following his arrest for online gambling charges, it was discovered that Khadka had used the citizenship details of other individuals without their consent and permission. The Kathmandu Valley Crime Investigation Office spokesperson, Superintendent of Police Rabindra Regmi, stated that Khadka had opened 42 bank accounts without authorization and illicitly deposited a sum of Rs 313.264 million through electronic means. These funds were subsequently transferred to other accounts.

Google Updates Privacy Policy, Expanding Use of Publicly Available Data for AI Training
Google has revised its privacy policy to inform users that publicly available data can be utilized to train its AI models, specifically focusing on language models. The company’s updated policy clarifies that publicly posted information could be employed not only for developing features but also for creating complete products like “Google Translate, Bard, and Cloud AI capabilities.”
Google claimed to be transparent about its intentions and the potential utilization of public data for training Bard and future iterations of generative AI products, but this policy update has raised concerns regarding the use of online information by companies for training large language models in the context of generative AI applications.

Opportunity
inSIG 2023 Fellowship Program Announced !!!
The India School on Internet Governance (inSIG) has announced a call for fellowship applications for its upcoming 2023 edition. The event will be hosted in person by the inSIG consortium, consisting of Internet Society India Chapters from Chennai, Delhi, Hyderabad, Kolkata, Mumbai, Trivandrum, and IIT Guwahati. The dates for inSIG 2023 are scheduled from 29 September to 1 October with additional events on 28 September. Interested individuals can apply for the fellowship program till 23 July 2023.
For more: Fellowship (insig.in)
Shutdown Academy Fellowship Application
You are invited  to apply for Advocacy Assembly’s Internet Shutdown Advocacy Fellowship Program
The program will feature international experts and provide you with the knowledge and skills necessary to  develop and build multi-stakeholder coalitions and responsive campaigns to prepare for and respond to internet shutdowns. The program will cover a variety of topics, including how to technically measure internet shutdowns, how to circumvent internet shutdowns using common tools and strategies, how to build an internet shutdown advocacy campaign, how to engage with the private sector, and when to use strategic litigation when shutdowns violate the law.
Apply Now:  Internet Shutdown Advocacy Fellowship Program
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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