Advocating for Digital Rights and best practices in Nepal

Digital Rights Weekly/Year 3/ Issue 26

Jun 28, 2024
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Digital Divide in Nepal: Disparities in Internet Access Across Nepal
The Nepal Living Standard Survey (NLSS) 2022/23 by the National Statistics Office (NSO) reveals that only 9.5% of households below the poverty line have internet access. Overall, 39.7% of Nepali households have internet, up from 37.8% in the 2021 National Census by the Central Bureau of Statistics (CBS). Urban households have better connectivity than rural ones, with 79.3% in Kathmandu Valley, 43.2% in other urban areas, and 17.4% in rural areas having internet access.
Regarding service quality, 31.3% of users rate government providers as Fair, 15.8% as Good, and 2.7% as Bad. For private ISPs, 38.9% rate them as Fair, 21% as Good, and 3% as Bad. Nepal Telecom (NTC) is the only government-backed provider.
The NLSS 2022/23 also highlights regional disparities: 59.8% of households in Bagmati province have internet access, compared to 14% in Karnali and 19.7% in Sudurpashchim Province. Despite government efforts to bridge the digital divide, significant challenges persist.
Despite the government prioritizing ICT sector, placing of internet under essential services and investment in expansion of broadband infrastructure, the NLSS report has painted a grim picture of digital connective and divide in Nepal, and indicated that substantial efforts are still required to bridge the gap. #Accessibility #InternetAccess #DigitalDivide
National ID Card Mandatory to Obtain Public Services
The government of Nepal has mandated the use of National ID cards for various public services, effective 16 July, 2024. Citizens will need a National ID card/number for personal income tax payment, driving license registration, and company registration and renewal in all 77 districts.
The Nepal Gazette published a phased schedule for the mandatory use of the National ID for different services. Starting 14 January, 2025, the National ID will be required for banking and financial services, telephone and SIM card issuance, social security funds, and real estate transactions in all districts. Additionally, from 16 July, 2025, the National ID will be compulsory for accessing social security, health insurance, and pension services in 11 mountainous rural districts. The ruling aligns with Sections 3 and 10 of the National Identity Card and Vital Registration Act, 2076 BS. Citizens can use their National ID number in place of a physical ID card to access these services, providing flexibility for those who have received their unique ID number but not the physical card. #NID #NIDNepal

Sidha Kura Scandal: Case Filed Against Chairperson and Editor
The Office of the Government Attorney in Kathmandu has filed a case at the Kathmandu District Court against three individuals, including Yubaraj Kandel, chairperson and presenter of Sidha Kura.com, Executive Editor Nabin Dhungana, and Raj Kumar Timalsina. The case is based on the publication of a news story titled “dark file,” which included an audio claimed to be provided by Timalsina. The Central Bureau of Investigation (CIB) has initiated an investigation into the audio, following a Supreme Court order on 5 May, and found it to be fake. The accused face charges under the Electronic Transactions Act for spreading false information. #Disinformation #ETANepal

Right to Privacy Upheld through Right to Information: Transport Department Rectifies the Practice
A student’s effort led the Department of Transport Management to stop leaking citizens’ personal information. Law student Vivek Chaudhary of Mahalaxmi Municipality filed an appeal with the National Information Commission after the department did not respond to his request for information about the inclusion of citizenship numbers in driving test results. The department acknowledged its error and corrected it. They also circulated instructions to all provincial transport ministries to take necessary action. The department admitted that publishing citizenship numbers in test results violated privacy laws and guidelines. They have committed to upgrading their software system to address these issues in the next fiscal year. #RTI #Privacy #DataProtection

Nepal Bhasa (Newari) Included in Google Translation Tool
Google has added 110 new languages to its online translation tool, including Nepal Bhasa (Newari) from Nepal. This expansion, made possible by advances in artificial intelligence, is credited to Google’s PaLM 2 large language model from 2023. PaLM 2 has enhanced the tool’s ability to learn closely related languages, such as Nepali dialect like Newari, as well as Hindi like Awadhi and Marwadi, and French creoles like Seychellois Creole and Mauritian Creole. The new additions cover over 614 million speakers, opening up translations for about 8% of the world’s population. #NepalBhasa #Inclusion

Ride-Sharing Halted in Pokhara
The Transport Management Office in Kaski district has issued a notice to immediately halt unauthorized ride-sharing practices in Pokhara. A public notice issued on 21 June warns of action against those continuing to operate ride-sharing services illegally. While the Vehicles and Transport Management Regulations-2080 of Gandaki Province allow ride-sharing with proper procedures and passenger insurance, regulations are not yet in place. #Regulation

Partial Enforcement of India’s Telecom Act: A Total Eclipse of Digital Rights
The Indian government is beginning to enforce the new Telecommunications Act 2023, which threatens people’s rights to access the Internet and communicate using secure channels. The Act gives government powers to intercept or detain any messages and break
end-to-end encryption, so it ends up creating an overarching communications surveillance framework. Access Now urges the Indian government to amend India’s Telecom Act and consult with civil society and experts before framing rules to implement the Act to safeguard people’s rights to privacy and free speech. For More: https://www.accessnow.org/press-release/india-telecom-act-2023-enforcement/ #INDIA #TelcomRegulation

The revised draft of the UN Cybercrime Treaty: risks remain to human rights 
A newly revised draft of the UN cybercrime convention was published in mid-June. According to  initial review carried out by the Global Partners Digital the revision fails to address concerns raised by 100+ civil society groups back in January that, if adopted without significant changes, the convention will endanger human rights and undermine cybersecurity. #UNCyberCrimeTreaty #CyberCrime

Opportunities
Call for Applications: Freedom of Expression Litigation Surgery
Media Defence invites applications from women lawyers in South and Southeast Asia for a litigation workshop on freedom of expression, to be held in Kathmandu, Nepal, from September 3-5, 2024. Lawyers from Bangladesh, Brunei, Cambodia, India, Indonesia, Laos, Malaysia, Maldives, Mongolia, Myanmar, Nepal, Pakistan, the Philippines, Singapore, Sri Lanka, Thailand, Timor-Leste, and Vietnam are eligible. The workshop aims to enhance litigation skills, build networks, and support women lawyers handling digital rights and freedom of expression cases. Applications are due by July 8, 2024, and can be submitted online or via email to training@mediadefence.org
For more info: FoE litigation Surgery for women Lawyers   
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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