Advocating for Digital Rights and best practices in Nepal

Digital Rights Weekly/Year 3/ Issue 2

Jan 12, 2024
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Civil Society Submitted Input on Social Media (Usages and Regulation) Bill, 2080
Digital Rights Nepal (DRN), in collaboration with 34 allied organizations, has submitted a comprehensive dissenting opinion encompassing 14 key points in response to the proposed Social Media (Usage and Regulation) Bill of 2080. The dissenting stance, along with proposed amendments to the bill, was presented to the Minister for Communications and Information Technology (MoCIT), Rekha Sharma.
While acknowledging the necessity for social media regulation, the submission scrutinizes the rationale behind establishing a separate act. It argues that a separate legislation on social media is not necessary where the existing provisions could be amended to make is applicable for online offences and regulation of the platforms could be part of the upcoming Information Technology Bill.
The submission points out various issues, including unnecessary restrictions on freedom of expression and communication, potential violations of fundamental rights, ambiguity in criminal provisions, concerns about privacy rights, inconsistency with the principle of proportionality, a vague definition of serious crime, broad executive powers, and the looming threat of censorship. Similarly, civil society groups also raised concerns over the powers and rights assigned to the Social Network Management Center, as outlined in Section 6. The center’s role, described as guiding social media platforms and users to disseminate content in line with morality and dignity, has raised eyebrows.
Resignation of NTA Chairman Amidst Controversies
The government has approved the resignation of Purushottam Khanal from the position of Chairman of Nepal Telecommunication Authority. The decision was made during the Cabinet meeting on 9 January. Furthermore, the meeting established a committee to propose the appointment for the vacant position. Khanal’s resignation is likely prompted by controversies related to the procurement of the Mobile Device Management System, TERAMOCS, and issues surrounding Ncell’s share sale, including tax disputes with internet service providers.

Deadline of the Ncell Share Scrutiny Committee extended
The committee assigned to probe the purchase and sale of Ncell shares, has been granted an extension of two weeks beyond their initial 30-day deadline to finalize their investigation. The committee, which began its work on 7 December, has mandate to carry out review and investigation to present a comprehensive set of recommendations to the government on Ncell share transaction.

Nepal’s Far-West Sees Internet Surge to 2.8 Million Users
The far-western province in Nepal has witnessed a surge in internet users, surpassing 2.8 million, as reported in the annual study of Financial Activities by Nepal Rastra Bank for the fiscal year 2079/80. This marks an 18.11 percent increase from the previous fiscal year 2078/79 when the user count was 2,377,738. Additionally, Nepal Telecom and Ncell have seen a combined growth of 4.80 percent in landline and mobile phone users, totaling 2,473,336 in the far-western state. This includes 10,529 landline users and 2,462,807 mobile users, reflecting an increase from the 2,360,144 combined users in the preceding fiscal year.

Meta Tightens Teen Content Restrictions Amid Growing Regulatory Scrutiny
Meta, the parent company of Instagram and Facebook, announced that it will increase content restrictions for teenagers on its platforms. In response to global regulatory concerns about protecting children from harmful content, all teens will now have the most restrictive content control settings, and additional limitations on search terms will be implemented on Instagram. The changes aim to reduce teens’ exposure to sensitive content related to suicide, self-harm, and eating disorders. Meta’s decision comes amid increasing scrutiny in the United States and Europe, where the company faces allegations that its apps are addictive and contribute to a youth mental health crisis. In October, 33 U.S. states, including California and New York, filed a lawsuit against Meta, accusing the company of repeatedly misleading the public about the risks associated with its platforms.

CAN Urges Government to Resolve Forex Issues
The CAN Federation has urged the government to resolve the foreign exchange authorization issue which is likely to negatively impact on continuity of internet services in Nepal. Internet service providers (ISPs) have been unable to pay Indian upstream providers for international bandwidth for nearly 10 months. In a press release on 12 January, CAN highlighted the impact on internet-related businesses, attributing it to the Ministry of Communications and Information Technology’s failure to authorize foreign exchange, despite repeated requests from upstream providers for payment. The Federation recommends resolving the dispute between the Ministry and ISPs over royalty and Rural Telecommunication Development Fund (RTDF) fees through mutual discussion.

Publication
IGF 2023 Summary Report is Out!!
The summary report of the 18th Internet Governance Forum (IGF) 2023, held in Kyoto, Japan from 8-12 October, is now available. The report includes insights on IGF 2023, notable quotes, highlights from the High-Level Leaders Track, Youth Track, Parliamentary Track, Intersessional Work, Policy Networks, Best Practice Forums, Dynamic Coalitions, National/Regional/Youth IGF Initiatives, and other sessions featured in the IGF 2023 program. It also covers specific outputs, such as the Best Practice Forum on Cybersecurity, Policy Network on Artificial Intelligence, Policy Network on Meaningful Access, Policy Network on Internet Fragmentation, and the Parliamentary Track Output Document.
To Access full Report: 26575 (intgovforum.org)
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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