KATHMANDU, Feb 6: Kathmandu Metropolitan City Mayor Balendra Shah (Balen) expressed dissatisfaction with the Social Media Bill, believing it restricts freedom of expression on social media. He voiced his opposition to the bill by sharing his views through a song.
The "Bolna De Sarkar" hashtag is currently trending on social media. In response, Balen expressed his support for the campaign by posting a part of his five-year-old song "Balidan" on social media.
On January 28, the government registered the "Bill on the Operation, Use, and Regulation of Social Media" in the National Assembly.
The bill has sparked widespread debate, drawing strong opposition from the main opposition party, the CPN (Maoist Center), journalist organizations, and civil society groups.
Some provisions of the bill conflict with Article 17 (Personal Freedom) and Article 19 (Right to Communication) of the Constitution of Nepal. In particular, Subsection 16(2) of the bill prohibits posting, sharing, liking, commenting, tagging, or using hashtags on social media with "malicious intent." However, since the bill does not define "malicious intent," concerns have arisen that it may give the government the opportunity to make arbitrary interpretations.
Additionally, Section 20(1) of the bill prohibits the disclosure of "confidential information." Experts argue that this provision will hinder reporting on government weaknesses, corruption, or irregularities. Furthermore, stakeholders view the requirement for social media users to provide their personal details to the government as a violation of the right to privacy.
The bill includes strict penalty provisions. Social media users who violate the rules could face fines ranging from Rs 500,000 to Rs 10 million. In particular, Section 28(2), which mandates double punishment for repeat offenders, has drawn criticism.
Information technology and electronic governance expert Manohar Kumar Bhattarai believes the government is attempting to impose control under the guise of regulation. He said, "While regulation is necessary, this bill raises concerns about limiting freedom of expression."
Although regulating social media is necessary, the ambiguity and harsh provisions of the current bill seem to restrict freedom of expression. As a result, common citizens, journalists, political parties, and human rights activists are opposing it. In this context, Kathmandu Metropolitan City Mayor Balen Shah has expressed his opposition through a musical performance.