The government is set to introduce a bill aimed at effectively cracking down on the use of social media. The Ministry of Communication and Information Technology on Thursday presented the bill in the House of Representatives following approval by the ruling coalition partners earlier this week. The bill includes several provisions for penalties ranging from Rs 2.5 million to Rs 10 million should users fail to disclose their real identity or should authorized individuals not comply with the stipulated conditions. The bill defines social media platforms as apps, websites, blogs, artificial intelligence tools, and similar platforms created in cyberspace that allow interaction through electronic means. The bill requires companies, firms, or organizations seeking to operate social media platforms to obtain government approval.
According to the bill, those allowing the use of social media platforms for activities such as promoting 'anti-national' views, defaming individuals, violating personal privacy, or permitting users to hide their real identities will be liable for hefty fines. Social media users who fail to comply with legal requirements could face fines of up to Rs 500,000. The bill prohibits the use of offensive words, images, videos, and trolling with the intent to insult or degrade someone’s reputation. Additionally, it mandates punishment for those engaging in "hate speech," which refers to content that incites violence or hatred against individuals, groups, or communities, or disrupts social harmony. "Hate speech" includes posting, sharing, commenting, live streaming, reposting, tagging, or using hashtags and mentions to spread such content. Those involved in spreading false and misleading information, distorting facts, or sharing prohibited content could also face a fine of Rs 500,000 as a penalty. As per the proposed bill, social media users who post, share, like, repost, live stream, subscribe, comment, tag, hashtag, or mention content with malicious intent will face corresponding penalties. This provision will also affect the media. Anyone who engages in activities that incite hatred or hostility against nationality, sovereignty, territorial integrity, religion, culture, ethnicity, or class will face a punishment of up to five years in prison, a fine of up to Rs 500,000, or both. The bill bans cyberbullying, cyberstalking, hacking, phishing, imposter scams, and uploading or spreading deepfake videos. A person committing the same offense more than once will be liable for double the penalty for each subsequent offense.
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There is no question that social media outlets should be regulated, including their use and expressions. The bill contains several vague terms and language. Phrases like "wrong intent" and "content against national interest" could be abused by those in power in the face of criticism. It appears that the government intends to muzzle freedom of speech and expression, which are constitutionally guaranteed. The bill in its current shape and form could pose a serious threat to freedom of speech and expression. Nepal is a democracy. Democracy is about empowering the people, which guarantees space for questions and criticism of those at the helms of power. While the government's broad objective to regulate social media is fine, many of the provisions included in the bill, coupled with the use of vague terms and language included in the bill, take things too far. If the bill is passed in its current shape and form, it will instill a deep sense of fear and promote self-censorship, ultimately restricting the open exchange of ideas essential for a thriving democracy. Both the ruling and Opposition Members of Parliament are expected to hotly contest the bill provisions, forcing the government to engage with the stakeholders in good faith to finalize the bill in the new House session that begins on Friday.
