Advocating for Digital Rights and best practices in Nepal

Digital Rights Weekly/ Year 4 Issue 02

Jan 10, 2025
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SC Orders Nepal Telecom to Safeguard Personal Information
The Supreme Court has directed Nepal Telecom to prevent unauthorized access to personal information, emphasizing the right to privacy, personal freedom, and dignity. The verdict, delivered on September 10, 2024, follows concerns raised over the procurement of a new “billing” system, which could potentially grant suppliers access to sensitive customer data. The court ruled that unauthorized access to personal information would violate fundamental constitutional rights, threatening citizens’ privacy and national security.
 

MP Gyanbahadur Shahi Exposes Personal Information of Thousands, Raising Cybersecurity Concerns
MP Gyanbahadur (Gyanendra) Shahi, spokesperson and chief whip of the Rastriya Prajatantra Party (RPP), has inadvertently exposed thousands of individuals’ personal information through a Facebook post. Shahi requested people to share their mobile numbers and addresses in the comment section or via messenger. This led to more than 9,000 comments, many of which included sensitive personal data such as names, phone numbers, and addresses. The Personal Privacy Act of 2075 (2018) defines phone numbers, addresses, and emails as private information, and experts have cautioned against exposing such data publicly.
Adv. Santosh Sigdel, Executive Director of DRN, emphasized that lawmakers must understand the implications of requesting personal information from the public. He stressed the need for legislators to be knowledgeable about existing legal frameworks and to set a good example for society. Sigdel expressed concern over the increasing misuse of personal information, such as phone numbers and emails, and the risks associated with the reckless sharing of sensitive details, and called for greater awareness and digital literacy, both for citizens and policymakers, regarding cybersecurity, digital rights, and privacy.

Patan High Court Upholds Press Council Nepal’s Authority to Regulate Online Portals
The Patan High Court has reaffirmed Press Council Nepal’s authority to regulate online portals that spread false or unverified information. A bench of Judges Khadananda Tiwari and Krishnaram Koirala ruled that there was no need for immediate intervention, allowing the Council to proceed with actions, including blacklisting websites for misinformation. The court’s decision followed a writ petition from Diyo Media Pvt. Ltd., challenging the Council’s authority.

SC Directs Government to Legalize and Regulate Ride-Sharing Services
The Supreme Court (SC) has issued a directive for the government to promptly establish a legal framework for the ride-sharing business, recognizing the positive impact such services have on travel accessibility and convenience. The court dismissed a petition calling for the cancellation of Pathao Nepal Pvt. Ltd.’s registration, stating that ride-sharing services cannot be shut down due to the lack of specific laws. The court emphasized that halting these services would violate fundamental rights, including the right to employment and dignified living. The government is instructed to create regulations for the registration, operation, and monitoring of ride-sharing platforms, ensuring inclusivity and quality service delivery.

Nepal Expands Money Laundering Laws to Include Cryptocurrency and Online Betting
Nepal has officially classified cryptocurrency and online betting, along with other offenses like human trafficking, illicit money transfers, and unauthorized casino operations, as money laundering crimes. The government’s recent move aims to tighten regulations by bringing assets gained from illegal activities under legal scrutiny. Despite cryptocurrency and online betting being banned, these activities continue to operate unlawfully, often beyond government oversight. Regulatory bodies will now be tasked with monitoring and enforcing these laws under the Money Laundering Prevention Act.

Meta to End Fact-Checking Program
Meta, the parent company of Facebook, Instagram, and WhatsApp, announced the termination of its fact-checking program, signaling a shift towards promoting free expression and reducing content moderation. CEO Mark Zuckerberg described the decision as a return to Meta’s foundational values, acknowledging the trade-offs in allowing more unfiltered speech while risking increased misinformation.

PCN Blacklists Two Media Outlets for Misconduct and Ethics Violations
Press Council Nepal has blacklisted two online media outlets, diyopost.com and herdaherdai.com, for violating the Journalist Code of Conduct. The Council’s action follows repeated complaints and misconduct, including publishing fabricated content, making threats, and failing to remove misleading information. diyopost.com was blacklisted after ignoring directives to comply with ethical journalism standards, while herdaherdai.com faced penalties for publishing misleading banner news during the local election’s silent period. The Council has increased its monitoring efforts and emphasized the need for ethical, dignified, and credible journalism, aligning with past rulings from the Supreme Court and High Courts.

Opportunity
ICANN NextGen application extended
The NextGen@ICANN program for ICANN83 in Prague (9-12 June 2024) is open for applications until 24 January 2025. This fully-funded program covers travel, lodging, and a stipend for participants aged 18-30 interested in Internet Governance. Applicants must have an ICANN account to apply, and they must agree to attend the ICANN meeting and required events. Successful candidates will be announced on 24 February 2025. Participants are expected to present a 5-10 minute project related to ICANN’s work.
For more info: https://www.icann.org/public-responsibility-support/nextgen
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.
 

This publication has been produced with financial support from Norway. The contents of this publication are the sole responsibility of Digital Rights Nepal and can in no way be taken to reflect the views of the Government of Norway.

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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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