Supreme Court Orders Mandatory Registration and Monitoring of Social Media Platforms
The Supreme Court of Nepal has ruled that all social media and digital platforms, both domestic and foreign, must be mandatorily registered with a competent authority and subjected to regulatory monitoring and supervision. The Court emphasized that social media networks must be held accountable for their content and that the use of false or fictitious identities on such platforms should be discouraged.
The extended full bench, comprising of then Chief Justice Bishowambhar Prasad Shrestha, incumbent Chief Justice Prakash Man Singh Raut, and seven other Justices delivered the on a case involving sidhakura.com, a Kathmandu-based news website and YouTube channel. The case originated from the publication of a video series titled Dark Files on April 26, 2024, which alleged corruption involving Supreme Court justices and senior media figures.
The Press Council Nepal (PCN) immediately ordered the removal of the content, labeling it false and misleading, but the platform refused to comply. Subsequently, the Supreme Court initiated a suo moto contempt case, ultimately convicting publisher Yubraj Kandel, executive editor Nabin Dhungana, and contributor Raj Kumar Timilsina. Timilsina was sentenced to six months in prison, while Kandel and Dhungana each received three-month sentences, later reduced to seven days following their appeal for leniency.
The ruling has come at a time when the Government of Nepal has increasingly adopted a regulatory approach toward digital platforms. Recent measures, such as the ban on Telegram, need to register online media under District Administration Office, and the introduction of a Social Media Bill, which has drawn criticism from stakeholders for being overly restrictive, have already fueled debate over the balance between regulation and online freedoms. Within this context, the Supreme Court’s judgment, though centered on accountability and oversight, may further influence government actions with potential implications for fundamental rights, including freedom of expression and association, press freedom, and the right to information.
Digital Rights Nepal is currently reviewing the 79-page full text of the verdict to assess its broader implications for digital rights and civic space.
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DRN provided Input on Draft National Intelligence Bill, 2082
DRN provided suggestions to the Office of the Prime Minister and Council of Minsters (OPMCM) on draft National intelligence bill, 2028, published for public feedback. The Bill seeks to expand the mandate of the National Investigation Department (NID) under the Prime Minister’s Office, granting it sweeping powers for surveillance, covert operations, counter-intelligence, and the use of advanced technologies to address threats such as terrorism, organized crime, cybercrime, and smuggling.
Digital Rights Nepal (DRN), after analyzing the Bill, has flagged serious risks to constitutional rights and democratic freedoms. Key concerns include vague provisions to monitor “undesirable activities,” overlapping cybercrime mandates already assigned to other agencies, unchecked creation of “specialized offices,” and the use of AI without safeguards. Most significantly, Section 15 allows interception of calls, messages, and digital communications, and access to government databases without judicial approval, compelling service providers to cooperate in surveillance. In its review, DRN recommends introducing mandatory judicial oversight, independent accountability mechanisms, clear definitions, and strong privacy and data protection safeguards. Without such reforms, the Bill could institutionalize mass surveillance and undermine fundamental rights.
Telegram Seeks Registration in Nepal After Facing Ban
The government has received a registration request from Telegram, the messaging app recently banned across Nepal. On August 16, Telegram’s CEO contacted the Ministry of Communication and Information Technology (MoCIT) and submitted an official letter seeking registration. According to ministry spokesperson Gajendra Thakur, the documents will be reviewed and, if compliant with regulations, the platform will be registered. Telegram was banned on July 18 after the Nepal Telecommunications Authority (NTA) ordered service providers to block access, citing rising fraud, money laundering, and the app’s lack of cooperation in content moderation. In response, Telegram’s CEO inquired about the shutdown, prompting the ministry to clarify its reasons. The ban has sparked backlash from civil society. Digital Rights Nepal and 28 organizations issued a joint statement calling the move a violation of constitutional freedoms, while a writ petition has been filed at the Supreme Court arguing the directive contradicts fundamental rights and the Electronic Transactions Act. The case remains under review.
IT and Cyber Security Bill Moves to Committee for Clause-wise Review
The Information Technology and Cyber Security Bill will be sent to the Education, Health, and Information Technology Committee of the House of Representatives for clause-wise discussion on August 22. Minister for Communication and Information Technology Prithvi Subba Gurung is set to propose the move during the House meeting. The committee will review, amend, or add provisions to the bill, and may form a subcommittee to address contentious issues before resubmitting it to the House with a report. Originally registered on June 10, the bill seeks to replace the Electronic Transactions Act, 2006, with updated provisions to strengthen cybersecurity and data systems. It also grants legal recognition to electronic documents equivalent to written or printed forms.
Lawmakers Raise Concerns Over Social Media Bill’s Restrictive Provisions
During a theoretical discussion on the Social Media (Use and Regulation) Bill, 2081, held on 17 August in the National Assembly, lawmakers from both ruling and opposition parties warned that the bill is overly controlling and risks curbing citizens’ freedom of expression. They criticized provisions imposing heavy fines and long prison terms for simple actions like liking, commenting, or sharing content in social media platform. While acknowledging the need to address misuse of social media and cybercrime, MPs called for extensive amendments to safeguard constitutional rights. Following theoretical discussion, the 72-hour window to propose amendments closed at 4:45 PM on 22 August.
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DRN Engages Lawmakers on IT & Cybersecurity Bill and Social Media Bill
This week, Digital Rights Nepal (DRN) held two high-level discussions with Members of Parliament from both houses on Information Technology and Cyber Security Bill and the Social Media Bill.
On 16 August, in collaboration with Accountability Lab Nepal, DRN met with MPs from the House of Representatives to highlight public concerns on the IT and Cyber Security Bill. The dialogue, timed with the 72-hour amendment window, focused on ensuring the bill upholds constitutional rights and international human rights standards. DRN also shared its policy analysis and three-column amendment proposal.
Similarly, on 21 August, DRN, in collaboration with the Federation of Nepali Journalists, held a discussion with National Assembly MPs on the Social Media Bill. The bill contains provisions directly affecting freedom of expression, privacy, and other rights. DRN again provided its analysis and amendment proposals to align the bill with constitutional guarantees and global standards.
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DRN Hosts Workshop on Institutional Digital Policy Development
On 22 August, Digital Rights Nepal (DRN), in coordination with the Digital Rights Action Group and with support from the International Center for Not-for-Profit Law (ICNL) and Norway, organized a Workshop on Institutional Digital Policy Development. The workshop was designed to equip participants with the knowledge and tools necessary to develop and strengthen their organization’s digital policies and strategies. It covered critical areas such as information access, website management, cyber safety, and digital rights advocacy.
Through the workshop, participants gained a deeper understanding of the importance of digital policy for civil society organizations (CSOs), identified key areas such as privacy, data protection, security, communications, and online conduct, and explored their legal and ethical obligations under national and international frameworks. They also engaged in drafting tailored digital policy frameworks for their respective organizations. |
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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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| 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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