Social Media Bill 2081: Nepal Govt Goes Strict for Social Medias

You might have noticed multiple news sites and Facebook pages posting about a new bill, the Social Media Bill 2081. It has been registered at the National Assembly which will become the Social Media Act 2081. And it has some concerning laws and punishments. Without further ado, let's talk about the Social Media Bill 2081.

Social Media Bill 2081:

On Tuesday, Minister for Communication and Information Technology, Prithvi Subba Gurung, submitted a bill to the National Assembly aimed at regulating social media platforms. "The bill, which seeks to oversee the operation, usage, and management of social media, has been registered in the National Assembly," said Minister Gurung, who also serves as the government spokesperson. Now, every social media platform operating in Nepal, such as Facebook, X, and others, must obtain operating permissions in order to function in Nepal's territory. It goes for individuals, companies, or institutions.

Proposed Fines and Punishments of Social Media Bill 2081

The proposed Bill includes several provisions imposing fines and imprisonment for various offenses related to social media use. Individuals operating social media platforms in Nepal without authorization or in violation of a ban could face fines of up to Rs. 2.5 million. Similarly, those engaging in activities harmful to national interests may be sentenced to up to five years in prison, fined up to Rs. 500,000, or both.

Section 18 of Chapter 5

This law prohibits actions or encouragement of actions that threaten Nepal’s sovereignty, territorial integrity, national security, unity, independence, dignity, national interests, or harmony among federal units. It also bans hate speech and content inciting divisions based on class, caste, religion, culture, region, or community. Violators could face up to five years in prison, a fine of up to Rs. 500,000, or both. The Bill outlines penalties for specific cybercrimes:

• Cyberbullying (Section 19): Cyberbullying offenses. Up to two years in prison, a fine of up to Rs. 300,000, or both.
• Cyberstalking (Section 20): Cyber Stalking, harassing persons, groups, or organizations. Up to three years in prison or, a fine of up to Rs. 500,000, or both
• Hacking (Section 21): Hacking someone's ID or information. Up to three years in prison, a fine of up to Rs. 1.5 million, or both.
• Phishing and impersonation scams (Section 22): Up to three years in prison, a fine of up to Rs. 1.5 million, or both.
• Sextortion and extortion (Section 23): Up to three years in prison, a fine of up to Rs. 1.5 million, or both.
• Posting explicit content (Section 24): Up to three months in prison, a fine of up to Rs. 50,000, or both.
• Spreading obscene, false, or misleading content (Section 25): Up to two years in prison, a fine of up to Rs. 300,000, or both.
• Uploading or distributing deepfake videos (Section 26): Up to two years in prison, a fine of up to Rs. 300,000, or both.
• Section 27 addresses anonymous activity on social media: Creating or using pseudonymous accounts could result in up to three months in prison, a fine of up to Rs. 50,000, or both. If an individual operates a fake group, page, or ID to spread misinformation harmful to Nepal’s sovereignty or national interests, they could face up to five years in prison or a fine of up to Rs. 1.5 million, depending on existing laws. Additional penalties include an extra year in prison for encouraging social media offenses and double penalties for repeat offenders
• Section 28 (2): Public officials or those benefiting from state funds committing offenses under this law could face a 50% increase in penalties. Using children to commit offenses could result in an additional year of imprisonment.

Social Media Bill 2081: Is it all good? Is it?

Well, this bill is the Nepal government's initiative to modulate social media and tackle cyberbullying, cyber harassment, and other arising issues, which is great! But if you currently look at social media posts, the Social Media Bill 2081 is garnering criticism from both the press and citizens. Many have noted it to be a move against free speech. Critics have argued that certain provisions of this bill are imposing excessive control over online platforms and users. The government can initiate criminal proceedings against individuals, journalists, or media organizations if their content is perceived as harming Nepal’s sovereignty, security, or unity under the Social Media Bill 2081.

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