Law to record conversations being introduced!

Published On: March 21, 2023 01:45 PM NPT By: Tapendra Karki

KATHMANDU, March 21: The government has drafted a bill to allow the recording of personal conversations on mobile phones. The bill prepared by the Ministry of Communication and Information Technology for an amendment to the Telecommunications Act has such provision in sub-sections 1 and 2 of Section 77 of the draft.

According to Sub-section 2 of Section 77 of the draft, a provision has been made to connect a mechanism to get direct access to the systems of service providers using appropriate technology and to get access to information. As a result, the draft has been prepared to violate individual rights. "Recording the conversation of any person, including revealing the identity and other details related to the service, can be obtained from the service provider for investigation," it is mentioned in Subsection 1 of Section 77 of the draft. It has been said that the investigating agencies authorized by the Government of Nepal can record conversations about activities contrary to the sovereignty, integrity and national interest of Nepal and activities such as treason, crime or organized crime or criminal offense. For this, the fundamental rights provided by the constitution have been violated by preparing the draft in such a way that even a court order is not necessary to record conversations.

Similarly, in Section 80 of the draft bill, a provision has been made to request details of telephone or communication. If a person is found to have used a telephone, mobile phone or any other type of telecommunication medium to commit a crime or to have exchanged any type of information through electronic or other means of communication, the officer investigating such crimes shall, with the permission of the investigating officer, use such telephone, mobile phone or telecommunication medium or it can order the related authorities, agencies or service providers to provide details or information related to telecommunications,'' says the draft of the bill.

In the bill made to amend and unify the laws related to telecommunication prepared by the government only a few days ago, a draft has been prepared to disconnect the phone or communication connection. Earlier, when the government tried to introduce a similar bill, it was met with all-round opposition.




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