Digital Rights Weekly/Year 2/Issue 46

Nov 24, 2023

Nepal Tightens Control Over Social Media with New Directive
Nepal’s Social Media Operation Management Directives, endorsed by the government on 9 November, was publicly disclosed on 20 November. This directive includes a “Not-to-Do List,” outlining prohibitions for users. It emphasizes the prevention of activities such as creating fake IDs, using altered images, and other various activities to regulate social network use. The directive also places responsibilities on users, discouraging content harmful to children and prohibiting actions that violate personal privacy.
One significant aspect of the directive is the introduction of mandatory registration for individuals, companies, or organizations operating social media platforms. Existing platforms must apply for listing within three months, with official recognition granted after government review. To address grievances on the platform, the directives require platform operators to establish a contact center in Nepal. A dedicated ‘Social Network Management Unit’ will handle complaints, advocating for legal frameworks, promoting best practices, and facilitating studies in the social media domain.
Digital rights activists have warned that some of the vague provisions in the directive may lead to unintended consequences and could potentially stifle criticism or social movements.

Show Cause Order issued in Tiktok Ban Case
The government’s decision to prohibit the social networking site TikTok is under scrutiny as the Supreme Court of Nepal issues a show cause order. Justice Binod Sharma, presiding over a single bench, conducted a preliminary hearing on 21 November and issued show cause for the ban for the government. Ten writ petitions had been filed in the Supreme court, contending that the ban on TikTok infringes upon the fundamental rights of citizens. However, despite the petitioners’ plea for an interim order to lift the ban, the Supreme court did not grant it, instead instructed the government to submit a written reply within 15 days.

PCN Issues 24-Hour Ultimatum to 17 media outlets
On November 22, the Press Council Nepal (PCN) issued a 24-hour ultimatum to 17 media outlets, demanding an explanation for the alleged dissemination of content that incites terror and fear among the public. The Council, citing a violation of its code of conduct, has taken decisive action against these media outlets accused of promoting violence and terror in a provocative manner.
The Council, emphasizing the breach of its code of conduct, has specifically directed non-affiliated media, including YouTube channels, to promptly remove content deemed to be in violation. These outlets are also instructed to inform the Council and report to the Nepal Police Cyber Bureau for further investigation.
In addition to its directives to non-affiliated media, the Council has urged social media platforms to proactively eliminate content that includes rumors, escalates conflicts, contains obscene material, constitutes hate speech, or violates other aspects of the code of conduct. A stern caution has been issued to media professionals, journalists, and social media users against sharing content that encourages violence, fear, conflict, favoritism, hate speech, or breaches of personal privacy.
Despite the Council’s actions, concerns may arise regarding the potential impact on freedom of expression and the need for clarity in defining what constitutes content that incites fear or violence. Experts may scrutinize the Council’s decisions for their adherence to principles of free speech and responsible journalism.

VPN and Proxy App Downloads Surged in Nepal
Following a cabinet decision on November 13 to ban TikTok, TikTok users have sought alternative methods to access the app. Notably, the top 100 fastest downloaded apps in Nepal’s Google Play Store include 39 VPN, Proxy, and DNS-related apps. Seven of these apps, including Super VPN Fast VPN Client, 3X VPN, Turbo VPN, Secure VPN, VPN Infa, and 1.1.1.1 Plus VARP, are currently among the top 10 apps being downloaded in Nepal, highlighting users’ persistence in accessing TikTok through various options.
This trend has raised concerns among cybersecurity experts who highlight an increased risk to cybersecurity. According to Bijay Limbu, a cybersecurity expert and CEO of Bhairav Technology, the lack of awareness about secure VPNs amplifies the potential risks associated with these alternative access methods. Similarly, Cyber Bureau has issued a request to internet users, advising against the use of VPN and DNS apps to access TikTok. Highlighting concerns about potential infiltration into crucial data, personal information, and banking details, the bureau emphasizes the potential harm associated with using VPN and DNS.

NTA Intensifies TikTok Ban, Targets VPN and DNS Apps
The Nepal Telecommunication Authority (NTA) has escalated its efforts to enforce the TikTok ban by instructing service providers to block free VPN (Virtual Private Network) and DNS (Domain Name Server) apps. This decision comes in response to users employing third-party tools to access the banned app and its webpage, circumventing the measures previously implemented by telecommunications companies and internet service providers (ISPs) to restrict the video-sharing platform within their networks.
On 19 November, the NTA issued a directive to ISPs/telcos, urging them to disable alternative methods used by individuals to access TikTok. While the majority of service providers have officially blocked TikTok in their networks, users had found ways to bypass the ban using VPN and public DNS apps and configurations after the government’s initial ban on 13 November, citing the platform’s negative social impact. The latest directive aims to further curtail users’ ability to access TikTok, with a focus on addressing the use of tools like CloudFlare’s DNS app 1.1.1.1 and free VPN apps commonly utilized by Nepali users to circumvent the TikTok restriction.

Nepal must lift the TikTok ban: Access Now
Access Now, a global organization that fights for digital rights of people and communities at risk , expresses deep concern regarding the Government of Nepal’s decision to prohibit TikTok.
In a press release dated 16 November, Access Now contends that this action, impacting over two million users, constitutes a breach of freedom of expression. The organization criticizes the government for its lack of transparency in failing to release directives governing social media operations. Access Now calls for the reversal of the ban, the disclosure of directives, and the addressing of cybersecurity concerns through proper legal procedures. While emphasizing the importance of holding platforms accountable for data protection, Access Now asserts that outright bans should not serve as a substitute for robust legal frameworks. The organization urges Nepal to rescind the TikTok ban, make the directives public, and engage with stakeholders to establish accountable platform governance.

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.