29th January 2025, Kathmandu
The Government of Nepal has introduced the Social Media Regulation Bill 2081, which proposes several penalties, including hefty fines and jail terms, for social media platforms and their users.
The bill was tabled in the National Assembly on Tuesday by government spokesperson and Minister of Communications and Information Technology, Prithvi Subba Gurung.
Key Provisions of the Social Media Regulation Bill
The bill includes numerous provisions aimed at regulating social media platforms and their users, outlining strict consequences for non-compliance. Below are the major offenses and the corresponding penalties proposed in the bill:
1. Operating Unregistered or Banned Social Media Platforms
Individuals or entities operating social media platforms in Nepal without prior authorization or platforms banned by the government may face fines of up to NPR 2.5 million.
2. Acts Against National Interest
Any individual or organization committing acts detrimental to Nepal’s sovereignty, territorial integrity, national security, unity, independence, or interests may face:
Up to 5 years of imprisonment,
A fine of up to NPR 500,000,
Or both penalties.
3. Cyberbullying
Defined under Section 19, cyberbullying offenders may face:
- Up to 2 years of imprisonment,
- A fine of up to NPR 300,000,
- Or both penalties.
4. Cyberstalking
Section 20 penalizes cyberstalking with:
- Up to 3 years of imprisonment,
- A fine of up to NPR 500,000,
- Or both penalties.
5. Hacking and Identity Theft
Under Section 21, hacking or unauthorized access to someone’s ID or information can lead to:
- Up to 3 years of imprisonment,
- A fine of up to NPR 1.5 million,
- Or both penalties.
6. Phishing and Impersonation Scams
Phishing or running impersonation scams, as outlined in Section 22, could result in:
- Up to 3 years of imprisonment,
- A fine of up to NPR 1.5 million,
- Or both penalties.
7. Sextortion or Extortion
Offenders engaged in sextortion or extortion (Section 23) may face:
- Up to 3 years of imprisonment,
- A fine of up to NPR 1.5 million,
- Or both penalties.
8. Sharing Obscene or Gruesome Content
As per Section 24, posting or sharing obscene, vulgar, or gruesome audio, video, or images can lead to:
- Up to 3 months of imprisonment,
- A fine of up to NPR 50,000,
- Or both penalties.
9. Spreading Misinformation
Sharing false, misleading, or obscene content is punishable under Section 25 with:
- Up to 2 years of imprisonment,
- A fine of up to NPR 300,000,
- Or both penalties.
10. Uploading Deepfake Videos
Section 26 penalizes individuals uploading or spreading deepfake videos with:
- Up to 2 years of imprisonment,
- A fine of up to NPR 300,000,
- Or both penalties.
11. Anonymous or Fake Social Media Accounts
Operating under an anonymous or fake identity to harm Nepal’s sovereignty or spread misinformation is punishable under Section 27 with:
- Up to 3 months of imprisonment,
- A fine of up to NPR 50,000,
- Or both penalties.
Additional Provisions
- Repeated Offenses: The bill proposes doubling the punishment for repeat offenders.
- Using Public Office: If a public officeholder is found guilty of offenses under this law, an additional 50% penalty may be imposed.
- Involving Minors: Using children for illegal activities as defined under the bill could result in an additional one-year imprisonment.
Implications of the Bill
The bill is part of the government’s initiative to ensure responsible use of social media while safeguarding national interests. However, it has sparked debates about the potential impacts on freedom of expression and digital rights. Critics argue that certain provisions may stifle dissent and impose excessive control over online platforms and users.
As the bill progresses, it will be important to balance national security and public order with individual freedoms to foster a healthy and secure online environment.
For more: Social Media Regulation Bill 2081
