Advocating for Digital Rights and best practices in Nepal

Digital Rights Weekly/Year 2/ Issue 49

Dec 15, 2023
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Foreign Bandwidth Payments Halted for Eight Months
Internet services across Nepal are facing a severe risk of disruption as payments to foreign companies for bandwidth have been halted for the past eight months. The Ministry of Communications and Information Technology (MoCIT) has not recommended foreign exchange, preventing network service providers from settling their dues with upstream providers such as Tata, Airtel, Sify, and others. Warning letters have been issued to Nepali companies by these upstream providers, threatening to interrupt services starting 31 December due to prolonged non-payment.
The Nepal Telecommunication Authority (NTA) and the Ministry of Communications and Information Technology (MoCIT) have ceased recommending foreign exchange, citing outstanding dues owed by internet service providers. Differences have arisen between the government and service providers regarding the imposition of the rural telecommunication fund fee and royalty on charges for non-telecommunication services, including support fees, maintenance fees, technical fees, and monitoring charges. In response to the unpaid dues, the ministry and NTA have suspended payment recommendations for foreign currency, intensifying the risk of a potential internet service blackout in the country.
Citizens Protest against ‘No Protest Zone’ Decision
The Kathmandu District Administration Office’s decision to declare Maitighar and Baneshwor as no-protest zones earlier in November has sparked a reaction from citizens and civil society activists. On December 15, citizens group and network organized a rally and called on the government to withdraw the decision. It has been observed that government grip on both the offline and online spaces have been tightened in recent times through the TikTok ban, adoption of Social Media Guidelines, blocking of several youtube channels, declaration of no-protest zone in last few weeks. The intersection of offline and online activism becomes increasingly significant in the face of these regulatory decisions.NTA Revokes Licenses of Three Internet Service Providers
The Nepal Telecommunication Authority (NTA) has revoked licenses of three internet service providers – United Telecom Limited (UTL), Max Net Solutions Pvt Ltd, and Chitwan Network Pvt Ltd. The NTA issued a notice citing Section 25(5) of the Telecommunication Act, 2053, as the basis for automatically revoking their licenses. The action was taken due to the providers’ failure to submit the necessary renewal applications and fees within the specified timeframe.

High-Level Committee Begins Probe into Ncell Sale
A high-level committee, established to investigate the sale of Ncell shares, has officially begun its inquiry as of Sunday, 10 November.  Tankamani Sharma, the committee coordinator, stated that they are following the government’s directive to complete the investigation within a specified timeframe and submit a report with recommendations. The committee plans to consult with regulatory agencies, government officials, and service providers, collecting relevant documents and information throughout the process. They also intend to seek input from experts, stakeholder organizations, and individuals. The committee formed on 7 December aims to present its report within 30 days.

TikTok adds comment filtering tools to better handle Israel-Hamas war content
TikTok, facing criticism for its handling of Israel-Hamas war content, is introducing new comment filtering tools, including “Comment Care Mode” that automatically filters comments similar to reported or deleted ones. Another feature blocks comments from accounts not in the creator’s following or follower list. TikTok plans to raise awareness among new users and establish a product beta testing program for creator feedback. Despite accusations of bias, TikTok is reported removing 1.3 million offending videos in the Israel-Hamas conflict region between October 7 and November 30.

IMEI Verification Woes: Nepal Telecom’s EIR System Delay
Despite customers registering their IMEI numbers in the Mobile Device Management System (MDMS) of the Nepal Telecom Authority, IMEI verification remains elusive. In a statement issued on November 24, the authority had announced the implementation of the Equipment Identity Registration (EIR) system to enhance the regulation of mobile device import, usage, and distribution. The EIR system aimed to track and block lost or stolen mobile devices while ensuring the identification of authentic mobile sets. However, recent developments reveal a halt in the ongoing work, leaving customers unable to authenticate their phones online despite completing the entire registration process. The lack of mobile authentication from the system has raised concerns among customers, with reported instances of completed procedures not reflecting in the MDMS registration.

Court Hearing on TikTok Ban Rescheduled
The scheduled hearing for the writ petition challenging the government’s decision to ban the social media platform TikTok did not proceed at the Supreme Court (SC) could not take place on 13 December.  The joint bench of justices Prakash Kumar Dhungana and Til Prasad Shrestha deferred the hearing, citing their involvement in other pending cases. A previous preliminary hearing conducted by Justice Binod Sharma, in a single bench, resulted in the issuance of a show cause order on the TikTok ban. The hearing, originally set for December 5, was also deferred to a later date.

Smart Telecom Demands Property Release
Smart Telecom, which got its license cancelled due to unpaid government dues, has issued a letter to the Nepal Telecommunication Authority (NTA) demanding the release of its assets. The telecom company’s Chairman, Sarvesh Joshi, criticized the NTA for its regulatory role in seizing the company’s assets while neglecting its responsibilities. The letter emphasizes the need for the government to initiate the auctioning process if it does not promptly release the seized property. The NTA had revoked Smart’s license in April 2023 due to non-payment of dues, taking control of its assets.

EU agrees on deal with World First AI Regulation
The European Parliament and EU member states have achieved a landmark agreement, following a 37-hour negotiation, to establish the world’s first comprehensive laws regulating artificial intelligence (AI). The regulations extend to social media and search engines, positioning the EU ahead of the US, China, and the UK in addressing AI-related risks and protecting the public. While specific details remain undisclosed, the law is not expected to take effect before 2025, with a focus on contentious issues such as foundation models, AI-driven surveillance, and potential threats to public safety.

Opportunity
Be part of the ITU SG’s Youth Advisory Board
The ITU Secretary-General’s Youth Advisory Board is a dynamic and forward-thinking initiative that empowers young individuals to shape the future of global connectivity. At the heart of this initiative is the goal of giving young people a direct voice within ITU and bringing fresh, innovative, and inclusive perspectives to the table. Starting a two-year term in February 2024, members of the inaugural Youth Advisory Board will be selected by the ITU Secretary-General from a global pool of exceptional candidates. Apply if you are interested to shape the future.
To apply:https://www.itu.int/en/action/youth/Pages/itu-secretary-generals-youth-advisory-board.aspx
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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