Advocating for Digital Rights and best practices in Nepal

Digital Rights Weekly/ Year 3 Issue 37

Sep 13, 2024
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Government of Nepal Re-enforces Stricter Social Media Moderation
The government of Nepal is taking steps to re-enforce stricter content moderation on social media platforms, urging platforms like Facebook, Instagram, TikTok, and Twitter to implement enhanced filtering and moderation mechanisms.
On September 10, the Ministry of Communications and Information Technology (MoCIT) released a press note referencing the ‘Directives on Managing the Use of Social Media, 080.’ This directive introduces new content moderation requirements, mandating social media companies to set up local contact points, appoint resident grievance officers, and implement self-regulation measures within Nepal. Notably, Section 6 requires these platforms to manage content in Nepali and other national languages, aiming to filter out posts that disrupt social harmony, promote obscenity, or support electronic crime.
The press note from MoCIT is based on a four-point directive issued by the Council of Ministers on August 22, which emphasized the need for content filtering and moderation to remove undesirable material. Following the decision to lift the ban on TikTok, the government reiterated that adherence to these moderation directives is mandatory for all social media platforms operating in Nepal.
However, these regulations have sparked concern among internet freedom advocates and activists. Critics argue that requiring platforms to identify and moderate content in various languages might lead to the censorship of legitimate expressions. The recent government measures, especially the content filtering and moderation requirements, are seen as an extension of previous efforts to control online expression, potentially infringing on free speech and digital rights in Nepal. Critics argue that, under the pretext of lifting the TikTok ban, the government is formalizing its role in content moderation to assert greater control over online discourse. Adv. Santosh Sigdel, Executive Director, Digital Rights Nepal, highlighted that without clear guidelines, content moderation could inadvertently suppress freedom of expression. He emphasized the need for a transparent process allowing users to appeal content removal decisions.
Arrest Attempt of Press Chautari President Sparks Outcry Over Press Freedom in Nepal
On September 12, the Cyber Bureau of Nepal Police attempted to arrest Ganesh Basnet, President of Press Chautari, in connection with a news report published by Janata Times Online. Basnet was detained during a program in Kathmandu but was quickly released after fellow journalists resisted the arrest. Various stakeholders, including the Federation of Nepali Journalists (FNJ), condemned the Cyber Bureau, Nepal Police’s actions. Basnet’s arrest was linked to a cybercrime complaint lodged with the Cyber Bureau, though the specifics of the complaint remain unclear.
This incident is part of a broader pattern of arrests under Nepal’s Electronic Transaction Act (Cyber Crime) for online criticisms of political leaders. Several individuals have recently been detained for Facebook posts criticizing Prime Ministers KP Sharma Oli and Sher Bahadur Deuba, all of whom were later released under certain conditions.

HoR Passes Public Service Broadcasting Bill to Merge Radio Nepal and Nepal Television
The House of Representatives (HoR) on 10 September passed the Public Service Broadcasting Bill, 2081, by majority vote. The bill aims to transform Radio Nepal and Nepal Television into the National Public Service Broadcasting Agency. This new entity will operate under democratic norms and values, merging the two organizations to enhance efficiency and robustness. The agency will have a dedicated fund for receiving grants from various levels of government, foreign entities, and its own income. A council led by the MoCIT will guide the agency’s policies, with a three-member board, including a woman, overseeing operations. During the bill’s discussion, lawmakers emphasized the importance of editorial independence and autonomy from government influence, ensuring the agency reflects citizens’ voices rather than only the state’s perspective.

Australian Leaders Push for Legislation on Minimum Age for Social Media Use to Protect Children
Australia’s Prime Minister Anthony Albanese has announced plans to introduce legislation setting a minimum age for social media use, aimed at protecting children from online dangers. In a statement shared on social media, Mr. Albanese emphasized that this move would support parents and ensure child safety. Labor intends to pass the legislation within the current term of Parliament.
This announcement follows similar actions from other Australian leaders. Victorian Premier Jacinta Allan echoed the concerns, stating that social media negatively impacts children’s development and focus. South Australian Premier Peter Malinauskas also backed the initiative, citing studies linking excessive social media use to mental health issues among youth.

OPMCM and TU Proscribe Select Online Services during office hours
In response to a recommendation from the Commission for the Investigation of Abuse of Authority (CIAA), the Office of the Prime Minister has instructed all government offices to halt the use of the Trade Management System (TMS) for stock trading during office hours, ensuring technological measures are in place for compliance. This instruction prohibits the trading of shares in all government and public bodies. Similarly, Tribhuvan University’s Office of the Controller of Examinations has banned employees from using social media platforms, including TikTok, YouTube, and Facebook, during work hours, citing public complaints. Both offices warn of disciplinary action for non-compliance.

50 Arrested in Nepal for Online Gambling & Illegal Crypto Transactions
On September 11, a special police team from the Central Investigation Bureau (CIB) arrested 50 individuals, including two Chinese nationals and a Filipino national, in Lalitpur for their involvement in online gambling through illegal crypto transactions. The arrests were made at a house where the suspects were allegedly operating illegal call centers to facilitate these activities.
Superintendent of Police Hobindra Bogati, the bureau’s spokesperson, confirmed the arrests and stated that further investigation is ongoing to uncover the full extent of the illegal operations.

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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