Telegram Ban in Nepal: A Grave Violation Of Constitutionally Guaranteed Freedoms

31st July 2025, Kathmandu

Nepal’s civil society condemns the NTA’s unilateral Telegram ban on July 18, 2025 (2082/04/02 B.S.), calling it a grave violation of fundamental rights, instructing internet and telecom service providers to block access to Telegram, a widely used messaging application. Learn why this move threatens digital freedom in Nepal.

Telegram Ban in Nepal

This directive, reportedly made at the behest of security agencies and under instructions from the Ministry of Communication and Information Technology, cites the control of online fraud and money laundering as its justification. However, this decision appears to be unilateral, opaque, and alarmingly lacking in sufficient evidence or a clear legal foundation.

Freedom of expression forms the bedrock of a democratic governance system. The Constitution of Nepal 2015, through its Articles 17 and 19, unequivocally guarantees freedom of expression and communication as fundamental rights for every Nepalese citizen.

These fundamental rights extend equally and robustly into the digital realm. Platforms like Telegram have become indispensable for the free exchange of information, fostering civic participation, facilitating educational engagement, driving social activism, and coordinating community efforts across Nepal.

In a developing digital society like Nepal, where public access to various digital tools is steadily expanding, such a unilateral ban not only curtails citizens’ fundamental right to choose their means of communication but also significantly obstructs the overall flow of information and communication. This decision casts serious doubt on the government’s commitment to press freedom, digital inclusion, and fundamental access to information.

While it is undeniable that the state must address criminal activities involving the misuse of digital platforms with utmost seriousness, such actions must be pursued strictly within the legal frameworks and processes envisioned by the Constitution.

It is crucial to recall the Supreme Court of Nepal’s 2024 ruling concerning the government’s ban on TikTok. In that landmark judgment, the Supreme Court explicitly directed the government to regulate social media platforms through appropriate legislation, rather than outright bans. In alignment with that judicial order, a draft Social Media Regulation Bill, 2025, is currently under active consideration in the National Assembly.

Therefore, blocking an entire platform without a valid legal ground is inconsistent with democratic norms, contravenes citizens’ fundamental rights, and undermines the rule of law.

It also stands in direct opposition to Nepal’s obligations under international human rights instruments, including the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1966), both of which guarantee the universal right to seek, receive, and impart information and ideas of all kinds, regardless of national frontiers.

Furthermore, if a platform is indeed misused for criminal acts, accountability must rest with the individual perpetrators, not with the platform itself or its broader user base. Section 43 of Nepal’s Electronic Transactions Act stipulates that network service providers are not criminally or civilly liable for third-party content merely because they provide access to such data or information.

While the government asserts that Telegram has been exploited for unlawful activities, it has failed to publicly disclose any evidence, legal orders, or transparent regulatory processes that would justify such a sweeping ban.

Telegram, on its part, has publicly stated its cooperation with the Government of Nepal and its responsiveness to legitimate legal requests for the removal of fraudulent content. In this context, imposing an outright ban without exhausting cooperative and transparent avenues represents a clear failure of procedural fairness and due process.

Protecting freedom of expression, ensuring access to information, upholding digital rights, and preserving democratic values are shared responsibilities that demand collaborative efforts. This kind of unilateral ban not only suppresses essential civil liberties but also significantly erodes public trust in Nepal’s digital future. The immediate repercussions of this ban will directly impact a wide array of individuals and groups, including journalists, human rights defenders, students, professionals, small entrepreneurs, digital campaigners, and the general public who rely on such platforms for legitimate communication and engagement.

Therefore, we, the undersigned civil society organizations, emphatically call upon the Government of Nepal and the Nepal Telecommunications Authority to immediately respect constitutional provisions and ensure that internet governance is based on the fundamental principles of legality, necessity, and proportionality. We urgently urge the following actions:

The Nepal Telecommunications Authority must immediately lift the ban on Telegram.

Any regulation of digital platforms must be conducted in full compliance with fundamental constitutional rights and international human rights standards.

To address legitimate concerns around the regulation of digital platforms and the safeguarding of digital rights, a process of transparent, inclusive, and accountable dialogue must be initiated among all relevant stakeholders, including government bodies, civil society organizations, technical experts, and platform representatives.

Signatory Organizations:

Digital Rights Nepal (DRN)

Digital Rights Action Group (DRAG)

Freedom Forum

Digital Media Foundation

Media Action Nepal

Center for Media Research – Nepal

ChildSafeNet

Body & Data

Online TV Journalists Association Nepal

Information and Human Rights Research Center (IHRC)

Media Kurakani

Advocacy Forum Nepal

Amnesty International Nepal

Media Advocacy Group

Artificial Intelligence Association of Nepal (AIAN)

National Policy Forum (NPF)

Nepal Digital Lead

Women Leaders in Technology (WLiT)

MeroAdda®

Justice and Rights Institute Nepal (JURI Nepal)

Yuwalaya

Dignity Initiative

Speak Up Nepal

Voices of Women Media

Accountability Lab Nepal

Nepal Internet Foundation

Open Internet Nepal (Internet Society Nepal Chapter)

Aalawya Foundation (Aalawya Nepal)

Yes, Nepal’s civil society is actively involved in cybersecurity education and awareness to combat cybercrime and fraud. Groups like Information Security Response Team Nepal (npCERT), Center for Cybersecurity Research and Innovation (CSRI), Digital Rights Nepal, Childsafenet, and others are crucial in educating the public on prevalent threats like financial scams (including those on platforms like Telegram), identity theft, and online impersonation. Their advocacy pushes for robust legal frameworks and collaborative efforts, aiming to empower citizens and minimize digital risks.

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