The use of internet services and social media accounts is inevitable for individuals in a democratic world.
So far, Nepal holds the best record of exercising civil space among the South Asian countries. With exceptions, it has created an environment that allows individuals and organizations to enjoy freedom of opinion, peaceful assembly and association. The constitution of Nepal, promulgated on September 20, 2015, has guaranteed a healthy civic space to its citizens as fundamental rights in line with the international human rights principles and laws.
Undoubtedly, this basic constitutional prerequisite is crucial in a functioning democratic country for engaging in public debates, holding governments accountable and contributing to proper decision on policy making. Democracy is also a process, governed by the will of the people reflecting their needs and voices. The constitution of Nepal is crafted in similar spirit, mandated by the popular peoples’ movement in 2006. However, the recent unfolding political scenario is unlikely to favor enduring healthy civic space in Nepal. The social media bill, tabled in parliament, can be misused as a political tool against government critics and a means to control civic space, which has brought serious concerns to our open society.
The offensive temperament demonstrated by the political parties against civil society is a matter of additional worry and pain. The cyberbullying/intimidation and incidents of assault, particularly, staged by Rastriya Swatantra Party (RSP), the youngest and fourth largest party in the parliament, are upsetting. Irrespective of the mandate to carry the flag and the aspiration of the new generation, the party’s actions are disappointing. The party, which emerged as an alternative force to the traditional political parties, is now shattered due to its double standards. Unfortunately, the party’s entire strength is concentrated in defending Rabi Lamichhane in his lawsuits on cooperative fraud.
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The physical assault on a senior advocate and rights activist Dinesh Tripathi on January 15, 2025, outside the Kathmandu district court, after defending cooperative victims’ hearing, was not a coincidence. The circumstantial evidence appears it to be a deliberate and systematic act. Prior to this incident, Tripathi received several death threats through social media. This was disclosed in his media interviews, after returning from a similar hearing case at Kaski district court, Pokhara. Moreover, the alleged offenders arrested have been identified as RSP members and its hardcore supporters.
Following the physical assault on Tripathi, condemnations flooded from all corners of the civil society. RSP responded with a statement committing to investigate and to take party action, if it finds its party members involved. But the party officially neither condemned the attack, nor Lamichhane, the chairman of the party, spoke against it. Additionally, the party’s silence in the parliament is also a serious concern.
Regrettably, RSP’s systematic use of ‘cyber army’ to intimidate, harass and bully social media users, critical of the ‘Lamichhane cooperative fraud scandal’ is an open secret. This has been an organized act that blocks the basic rights to freedom of expression, rule of law and justice. The party, which carried the hope of creating a better future for the nation, is now siding towards personal interest, and has crossed the boundary of fundamental principles of democracy.
However, this is not a single case of political misuse of power. Following the enforcement of the federal republic democratic system in Nepal, the Maoists party constituted Young Communist League (YCL) as one of its wings, across the nation. It massively conducted atrocities during the first constitutional assembly (CA) election and constitution making. The terror ended following the ‘white shirt movement’ of Kathmandu valley dwellers. The UML party also formed Yuwa Sangh (Youth Force) and cyber sena (army) to counterattack YCL and silence critical groups and individuals active in social media.
The use of internet services and social media accounts is inevitable for individuals in a democratic world. It has been embedded in our lives, having easy and quick access to events happening around the globe. Digital technology is rapidly growing and has been a fast means of modern communication. Banking, trade, industries, government services, economic activities, and social, human rights and political campaigns have increased on these platforms. The extraordinary power of digitalization is rapidly growing, driven by advancements of science, technologies and artificial intelligence (AI). Hence, it’s essential to be watchful of the emerging development and threats.
In this context, Nepal government’s social media bill tabled in the parliament, is logical. However, the bill’s proposal to overturn the rights to ‘freedom of expression’ and impose criminal liability by default is both unconstitutional and unacceptable. It is also against Nepal’s commitment to Universal Human Rights Declaration 1948, obligation to International Convention on Civil and Political Rights 1966 and The UN Rabat Plan of Action.
Punishment imposed up to two and half million rupees and five years of prison, with the vague and wide scope interpretation, will certainly bar millions of social media users from exercising their expression rights and right to information. The bill yet to be debated has received wide criticism from politicians and civil society. The International Federation of Journalists (IFJ) has publicly stated ‘In its current form, the Social Media Bill threatens to severely undermine press freedom and digital expression’.
Nonetheless, instead of controlling and terrorizing, the state should enforce legal mechanisms (Act and regulations) to monitor and check unlawful offenses, safeguarding the rights of digital and social media users. They must receive equal protection from the harmful elements active on the platforms. Without prejudice, the culprits should be tracked and brought to justice against acts such as cyberbullying and fake information. However, the serious crimes category such as fraud, sexual abuses and other severe offences, with specific terms and scope, should be subject to criminal accountability.
