Nepal’s Social Media Bill puts Freedom of Expression in Jeopardy
Nepal’s Social Media Bill puts Freedom of Expression in Jeopardy
The analysis carried out by Media Action Nepal highlights significant concerns regarding the proposed Social Media Bill (SMB) of the Government of Nepal (GoN), which threatens the fundamental rights to freedom of expression (FoE) and online civic space guaranteed under the Constitution of Nepal. The bill, if implemented in its current form, could jeopardize these constitutional guarantees and is deemed incompatible with international human rights instruments that Nepal has ratified.
Key criticisms of the SMB include its potential to curtail freedom of speech and expression by mandating content censorship on social networking sites, which may lead to undue restrictions on diverse viewpoints and the stifling of dissent. The bill’s provisions on user privacy raise concerns about data collection and retention practices that could infringe upon individuals’ right to privacy and deter free expression. Moreover, the composition and functioning of the proposed Social Media Management Council under the bill are questioned due to its lack of representation from civil society or non-governmental organizations (NGOs) actively working to protect freedom of speech and online expression. This raises doubts about the council’s independence and transparency in decision-making.
Media Action Nepal calls for urgent amendments to the SMB to align it with Nepal’s fundamental rights provisions and international human rights standards. Recommendations include broader consultations with stakeholders and experts to ensure that any regulatory framework for social media platforms strikes a balance between addressing legitimate concerns such as hate speech and disinformation while upholding individuals’ rights to free expression. This analysis underscores the need for the GoN to uphold its commitments to international human rights treaties and protect freedom of expression by reframing the SMB to safeguard these fundamental rights rather than undermine them. Any regulatory measures must be proportionate, transparent, and subject to judicial review to ensure compliance with constitutional and international standards of free speech and online expression.
{April 8, 2024)
