Nepal's Controversial Social Media Bill: A Step Towards Regulation or Censorship?

February 09, 2025

Nepal's Controversial Social Media Bill: A Step Towards Regulation or Censorship?

The Nepalese government has introduced the "Social Media Bill", aiming to regulate digital platforms, enforce user accountability, and curb misinformation. However, critics argue that the bill threatens freedom of speech and privacy, raising concerns about government overreach.

Despite strong opposition from political leaders, social media users, and free speech advocates, Minister for Communications and Information Technology, Prithvi Subba Gurung, tabled the bill in the National Assembly on Sunday, February 2025. The bill proposes strict licensing rules, content restrictions, and hefty penalties for violating regulations.

What Does the Social Media Bill Propose?

🔹 Mandatory Licensing for Social Media Platforms

Companies operating social media platforms in Nepal must obtain a two-year license.
The license must be renewed periodically, giving the government control over digital operations.

🔹 Government's Power to Ban & Remove Content

Authorities will have the power to ban platforms that violate regulations.
The bill allows for content takedowns if deemed inappropriate, raising censorship concerns.

🔹 Hefty Fines for Users
💰 Users could face a fine of up to NRs 500,000 for:
✅ Posting, liking, commenting, tagging, using hashtags, or live streaming content that authorities deem inappropriate.
✅ Engaging in trolling, hate speech, or misinformation.

Public Outcry: Fear of Censorship & Violation of Rights

The bill has sparked a fierce backlash, with critics calling it a direct attack on free speech.

📢 Former Education Minister Sumana Shrestha (Rastriya Swatantra Party) voiced concerns, urging the government to consult with the public before moving forward.

💬 "Has the government consulted the people affected by this bill? No! Whether left, right, or center, no one truly listens to the public. I urge the government to engage with the youth, hear their voices, and reconsider this move," she stated.

Key Controversies in the Bill

🔹 Clause 12(H): Mandatory Identity Disclosure
📌 Requires social media users to reveal their identities before accessing platforms.
📌 Supporters say this will increase accountability, while critics see it as a violation of privacy.

🔹 Clause 12(J): Access to User Data
📌 Authorities can demand user data for investigations, making privacy protection questionable.
📌 Failure to comply could result in penalties ranging from NRs 2.5M to 10M.

🔹 Clause 16(2): Criminalizing Social Media Activity
📌 Users cannot post, like, share, comment, tag, use hashtags, or live stream with ‘malicious intent’.
📌 However, “malicious intent” is undefined, leading to vague and subjective enforcement.

Is the Bill a Threat to Nepal’s Constitution?

📜 Article 17 (Right to Freedom) – Guarantees personal liberty.
📜 Article 19 (Right to Communication) – Prohibits government interference in media & online content.

🚨 Critics argue that the bill directly violates both articles by allowing:
❌ Prior restrictions on online content.
❌ Punishment for expressing opinions on digital platforms.
❌ Excessive government control over personal data.

📢 Pushpa Kamal Dahal (Former PM & Opposition Leader, CPN-Maoist Center) slammed the bill:
💬 "Are you above the sovereignty of the citizens? Above the Constitution? This bill not only stifles free expression but also attempts to control the press!"

Concerns Over Government Control & Legal Loopholes

🔹 The government itself will be the plaintiff in all social media-related cases, raising fears of political misuse.
🔹 A Rapid Response Team (RRT) will be formed to handle violations, but the criteria for intervention remain unclear.

📢 Critics fear this will allow the government to silence dissenting voices, punish political opponents, and limit press freedom.

What’s Next? The Road Ahead for Nepal’s Social Media Bill

✅ If passed, Nepal will join a growing list of countries tightening control over digital platforms.
✅ The bill is currently under review in parliament, but protests and opposition continue.
✅ The Supreme Court may intervene if it is found unconstitutional.

💡 Is this bill about regulation or outright censorship?

💬 Should governments regulate social media, or does this threaten free expression? Share your thoughts below! 👇