State of Digital Rights in Nepal 2023

In 2023, the digital rights landscape of Nepal was under close scrutiny following several controversial incidents, and government decisions, and attempts to regulate the online space. Many indicators for quality internet access deteriorated, with only a few minor improvements. Nepal maintained its rank of 94th out of 121 countries in the Digital Quality of Life (DQL) Index conducted by the VPN service provider SurfShark. Another report prepared by Nord VPN placed Nepal at 119th position worldwide. The reach of fiber-based internet in Nepal was found to be unsatisfactory, as the broadband penetration rate was just 24.77%. Although mobile broadband expansion surpassed targets, the data speed was not satisfactory, with a decline in Nepal’s global ranking on average mobile data download speed from 10th in May 2022 to 126th in May 2023. The work on the NTA Information Highway did not make anticipated progress. The Cyber Bureau of Nepal received a total of 5904 complaints in the fiscal year 2022/23 (2079/80). Incidents in Nepalgunj and Dharan stirred by online social media posts led authorities to urge all citizens to use social media in a positive and dignified manner.

On a positive note, governments at all levels appeared willing to deliver e-services as they introduced several programs aimed especially at promoting e-governance in Nepal. The NHRC was active in addressing various online activities inconsistent with human rights, despite the Commission not monitoring digital rights as a separate category. The NHRC was particularly concerned with the hateful and intolerant remarks made online by social media users.

Currently, the Cyber Security Bill, the E-commerce Bill, the Information Technology Bill, the National Mass Communication Bill, the Nepal Media Council Bill, the Regulation of Social Media Usages (Operation and Management) Bill, and the Telecommunication Bill are in various stages of development

The Government of Nepal also drafted a Guideline to regulate ride-sharing apps for two-wheelers, the Telecommunication Infrastructure Regulations, the National Broadcasting (Twelfth Amendment) Regulations, and the Property Management (First Amendment) Regulations. NTA drafted a new regulatory framework for over-the-lop (OTT) services such as WhatsApp, Viber, and Messenger

The Government introduced and implemented the National Cyber Security Policy 2023, the Directives for Managing the Use of Social Networks 2023, the First Amendment to the Advertising Regulations, the Social Media Regulation Guidelines 2023, and the Directive on the Use of Social Media in Government offices, 2080

NTA introduced a new Bylaw on Telecom Service Quality 2022 (2079), which requires telecom service providers to compensate their customers for poor internet and telecom services. NTA also sought inputs on a draft procedure on the operation of Digital Value-Added Services (DVAS), and amending the Cyber Security Bylaws 2077 BS. The MoICT sought Input from stakeholders on the draft of the National Startup Enterprise Policy.

This report on “State of Digital Rights in Nepal 2023” explores more issues as such. For more: Click here to download