Advocating for Digital Rights and best practices in Nepal

Digital Rights Weekly/Year 2/Issue 40

Oct 06, 2023
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Corruption Case Filed in Nepal’s National Payment Gateway Scam
The Commission for the Investigation of Abuse of Authority (CIAA) has filed a case of corruption against nine individuals, including incumbent Secretary Madhu Kumar Marasini and Nepal Telecom Managing Director Sunil Poudel who previously served as the executive director of the National Information Technology Centre (NITC). This move comes in connection with a corruption in course of National Payment Gateway (NPG) procurement.
According to the Commission, NPR 250 million was allocated for the procurement of the NPG in the absence of any request from the NITC. Additionally, this allocation was not included in the policy and program outlined by the Budget and Program Division, and failed to adhere to the steps prescribed by the Line Ministry Budget Information System (LMBIS), a software system used for program selection and budget allocation.
CIAA alleges that negligence and malicious intent are evident in the budget allocation, which occurred without conducting a pre-purchase study, stakeholder consultation, approval of cost estimates, preparation of a master plan, establishment of legal foundations, or coordination with banks and financial institutions. Furthermore, although the NPG was purchased for NPR 237.7 million and the contract and payment were completed hastily at the end of the last month of the financial year 2074/75, the system has yet to operate in full capacity. As a result, the CIAA claims that the defendants have caused a loss of NPR 232.7 million to the Government of Nepal and its public institutions due to their negligence and malicious intent in the discharge of their official duties. Commission has taken legal action by filing a case with the Special Court, seeking the recovery of damaged property in accordance with Section 17 of the Prevention of Corruption Act, 2059.
Patan High Court Issues Order Not to Interrupt Internet Services
On 4 October 2023, the Patan High Court issued an order in response to a writ petition filed by the Internet Service Providers Association Nepal (ISPAN) against Nepal Electricity Authority (NEA). While the full text of the decision yet to be public, the verdict extends protection to internet services and providers.
Approximately six months ago, ISPAN had submitted a writ petition, and the court chose to uphold the short-term interim order previously issued in the name of the defendants. This order explicitly directs all parties involved, especially the Nepal Electricity Authority (NEA), to refrain from taking any actions that might disrupt internet services. This includes measures such as cutting internet cables or blocking internet access.
Government Called on for Responsible Social Media Usage
Nepal government has called upon all citizens to use social media in a positive and dignified manner. During a meeting of the Cabinet on October 3, a special resolution was passed emphasizing the need to harness the increasing use of social media while upholding fundamental rights guaranteed by the Constitution, including freedom of thought and expression.
Through the special resolution, the Government urged social media users to refrain from engaging in activities that could negatively impact Nepal’s sovereignty, territorial integrity, national security, national unity, independence, self-respect, or national interests. Additionally, the appeal extends to avoiding actions that spread hatred on the basis of ethnic, religious, regional, or communal grounds and maintaining harmonious relationships between different castes, communities, and regions.
Similarly, on October 4, the Nepal Police Headquarters’ Cyber Bureau echoed a similar message, urging for responsible social media and online platform usage. The advisory highlights the importance of exercising caution when sharing content on various online channels. It underscores the potential harm of spreading unfounded content, which could disrupt ethnic, religious, and communal harmony, thereby endangering national security and unity.

MoCIS Raises FDI Limit for Information Technology Sector
The Ministry of Industry, Commerce and supplies (MoICS) has officially announced an increase in the maximum limit of foreign direct investment in certain sectors. As per the latest notification published in the gazette, foreign investors looking to invest in IT-related industries, such as technology parks, biotech parks, software development, data processing, digital mapping, business process outsourcing (BPO), knowledge process outsourcing (KPO), and data centers, can now invest up to a maximum of NPR 500 million through the automatic route. This revised limit aligns with the provisions of the Foreign Investment and Transfer of Technology Act of 2075 B.S.

National Flag-bearer Urged to Embrace IT Transformation
A recent report by the Structure and Management Study and Recommendation Committee of Nepal Airlines Corporation (NAC) 2080 has shed light on the critical state of information technology use within the organization. Remarkably, the report reveals the absence of an information technology department within NAC, highlighting the urgent need for technological advancement.
According to the report, NAC has historically relied on traditional data management methods, lacking a digital-friendly approach. The report advocates for the implementation of essential technology solutions such as Management Information Services (MIS), Enterprise Resource Planning (ERP), and Customer Relationship Management (CRM) and grievance redressal systems to enhance the corporation’s day-to-day operations, rendering them more efficient and results-oriented.

Digital Rights Nepal: Safeguarding Freedom of Expression Online
In the most recent installment, MD’s Communications Coordinator, Anoushka Schellekens, had the privilege of interviewing Santosh Sigdel, a prominent rights activist and co-founder of Digital Rights Nepal (DRN), MD’s newest partner organization. During the interview, Mr. Santosh delves into the intricate landscape of freedom of expression in contemporary Nepal. He discusses the various challenges arising from this complex environment, particularly in the realm of digital rights protection. Moreover, Mr. Santosh sheds light on the essential initiatives undertaken by DRN to confront and address these challenges head-on. This conversation offers valuable insights into the critical work carried out by MD’s partner organizations, emphasizing their collective dedication to upholding and safeguarding freedom of expression on a global scale.
Full read at: Digital Rights Nepal: Safeguarding Freedom of Expression Online – Media Defence
Advances in Artificial Intelligence Are Amplifying a Crisis for Human Rights Online
Advancements in artificial intelligence (AI) offer societal benefits but also fuel digital repression. According to Freedom House’s “Freedom on the Net 2023” report, governments are increasingly using automated systems to enhance information control and online censorship. Meanwhile, disinformation distributors are employing AI to create fake images, audio, and text, blurring the line between reality and deception.
The report highlights that while AI innovations contributed to a 13th consecutive year of declining global internet freedom, traditional forms of digital repression continued to grow. In a record high, individuals in at least 55 countries faced legal consequences for online expression, while governments in 41 countries blocked websites hosting political, social, and religious content. China maintained its status as the world’s worst environment for internet freedom for the ninth year in a row.
The report urges policymakers, civic organizations, and private-sector stakeholders to take proactive steps in safeguarding internet freedom, especially in light of the role AI technology plays in the ongoing decline of online freedoms. It emphasizes that defending internet freedom entails not only establishing effective AI governance systems but also addressing longstanding issues related to privacy, free expression, and access to information that have eroded the broader digital environment.
Full read at: NEW REPORT: Advances in Artificial Intelligence Are Amplifying a Crisis for Human Rights Online | Freedom House
Opportunity
Participate in ‘Information Integrity in the Digital Age’!!!
The Digital Communication Network is hosting its inaugural event in Sydney, Australia, bringing together digital professionals, thought leaders, and influencers from East Asia and the Pacific. The event will explore how innovations and disruptions in information systems impact various aspects of life, including business, politics, and society.
To register: Information Integrity in the Digital Age | Hybrid Forum (google.com)
October is Cyber Security Month!!!
As we step into October, we mark the start of #cybersecurityawarenessmonth. Stay connected with us for cybersecurity tips! Follow us on social media for cybersecurity insights and more. Together, let’s champion #cybersecurityawareness and protect our #digitalrights.
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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