Home Ministry Reverses Decision on Media Surveillance Expansion
The Ministry of Home Affairs has decided to retract its recent move to amplify media surveillance across the nation. Initially, the Home Ministry had distributed a circular on 19 March 2024 to all District Administration Offices (DAOs), empowering Chief District Officers (CDOs) to monitor and enforce regulations on online news portals, social media platforms such as Facebook and X, as well as print media, in cases where they were perceived to challenge the law and order situation.
Attributed to Deputy Prime Minister and Home Minister Rabi Lamichhane, this decision was met with widespread criticism, as it was against the constitution of Nepal, imposing a direct threat to freedom of expression and press freedom. The Federation of Nepalese Journalists (FNJ) denounced it as an attempt to impose ‘controlled governance’. The FNJ strongly opposed the directive, arguing that media regulation falls within the jurisdiction of the Press Council Nepal rather than the Ministry of Home Affairs.
Advocate Santosh Sigdel, Executive Director of DRN, criticized the circular of the Home Ministry, stating that it is not only incorrect but also unlawful to establish monitoring desks in police and administration offices for social media and media surveillance. He highlighted that the District Administration Office lacks legal authority and jurisdiction to handle such cases under laws like the Electronic Transaction Act, Muluki Criminal Code, and Privacy Act. He emphasized the role of existing bodies like the Press Council to oversee issues relating to mass media. Additionally, he stressed that police intervention should occur post-complaint, rather than preemptive regulation.
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UN Approves Its First Resolution on AI
The United Nations General Assembly passed its inaugural resolution on artificial intelligence (AI) on 21 March, marking a global commitment to ensuring the responsible and equitable use of this powerful technology. Sponsored by the United States, the resolution gained unanimous support from all 193 member nations without the need for a vote. The resolution emphasizes the importance of AI systems adhering to international human rights laws and avoiding risks to human rights. It calls upon all Member States and stakeholders to avoid using AI systems that cannot operate within these legal frameworks.
Earlier, the European Parliament passed the Artificial Intelligence Act on 13 March, aiming to ensure safety, compliance with fundamental rights, and innovation in the AI field. This act aims to safeguard fundamental rights, democracy, the rule of law, and environmental sustainability while fostering innovation. It introduces obligations for AI systems based on their potential risks and impact levels, thus positioning Europe as a leader in responsible AI development.
Nepal Moves Towards Digital Banks and Digital Currency
The Nepalese government is gearing up to introduce digital banking and digital currency through proposed changes to existing laws. Spearheaded by the Ministry of Finance, amendments to the Banks and Financial Institutions Act 2073 BS are in the works to pave the way for the establishment of digital banks and legal recognition of digital currencies.
A newly introduced bill in parliament includes tailored provisions for digital banks, allowing them to conduct a wide range of financial transactions. These amendments aim to seamlessly integrate digital banking into the financial landscape, with regulatory oversight similar to traditional banks, overseen by institutions like the Rastra Bank. Moreover, the government plans to grant legal recognition to digital currency through legislative revisions. The amended law will formally acknowledge “digital currency,” defined as currency issued by the Rastra Bank. This marks a significant departure from current legislation, which does not address digital currency.
Government Prioritizes Digital Transformation Agenda
The government has prioritized streamlined government services through digital transformation in its recently launched ‘Minimum Policy Priorities and Common Commitment’. The initiative seeks to simplify bureaucratic procedures by enabling citizens to access various services, including document submissions and citizenship applications, through a single platform. Additionally, the introduction of a ‘Time Card’ system aims to ensure the timely delivery of government services. Plans to introduce a national identity card are also in motion. Under the policy priorities the government has focused on establishing employment banks, startup funds, and business incubation centers to foster entrepreneurship and economic growth, modernizing education through e-learning platforms and implementation of an integrated national transport master plan and the establishment of the Public Transport Management Authority.
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ICANN Opens Fellowship Application
On March 19, the Internet Corporation for Assigned Names and Numbers (ICANN) commenced the application round for the ICANN Fellowship Program, aligned with the ICANN81 Annual General Meeting scheduled for November 9-14, 2024, in Istanbul, Turkey. The application deadline is April 19, 2024, at 23:59 UTC. The successful candidates for the Fellowship Program will be announced on July 2, 2024, through the ICANN website.
For more: http://go.icann.org/3VqnDVQ
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Publication
Unplugged Wisdom on Digital Rights & Freedom of Speech
The AccountabiliTEA Podcast has launched the second episode of its “Youth Takeover Series” titled “Unplugged Wisdom on Digital Rights & Freedom of Speech.” In this episode, Ms. Sadichchha Silwal, Program Officer, DRN, delves into the complex realm of Digital Rights in Nepal. She shed light on the concept of digital rights, emphasizing the delicate balance between control and regulation in the realm of freedom of speech.
Access here: Unplugged Wisdom on Digital Rights & Freedom of Speech-Anukul & Sadichchha | Accountabilitea Podcast (youtube.com) |
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Legal safeguards for personal data protection and privacy in the digital age
The UN has released the Report of the Special Rapporteur on the right to privacy, focusing on “Legal safeguards for personal data protection and privacy in the digital age.” This report analyzes personal data protection and privacy laws across five continents, aiming to offer States a comparative study of various mechanisms established for data subjects to exert control over their personal data usage. Additionally, it explores legal avenues for data subjects to protect, restore, and seek redress for infringements upon their rights, including damages resulting from improper information use.
Full read at: Legal safeguards for personal data protection and privacy in the digital age
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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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