The Nepali government’s recent moves to regulate social media have sparked intense debate, with the ban on TikTok in 2023 and the controversial Social Media Bill 2080  dominating headlines. This article explores the implications of these decisions, their legal foundations, and the broader impact on free speech and digital rights in Nepal.

In November 2023, Nepal banned TikTok, citing concerns over “indecent content” and threats to social harmony . This decision followed reports of misinformation, cyberbullying, and hate speech proliferating on the platform. The ban highlighted the lack of robust legal frameworks to govern social media, prompting the government to introduce stricter regulations under the Social Media Management Directive 2080 .

– Spread of harmful content targeting marginalized groups.

– Failure to comply with data privacy and local registration requirements .

The proposed Social Media (Usage and Regulation) Bill 2080, registered in January 2025, aims to “discipline” online platforms but has faced fierce criticism for its vague language and potential to stifle dissent.

– Mandatory Registration: Social media companies must register with Nepal’s Ministry of Communication and IT. Non-compliance risks fines up to Rs 10 million or platform bans.

– Content Restrictions: Prohibits content deemed harmful to “national sovereignty, unity, or religious harmony.” Violators face up to 5 years in jail or fines up to Rs 1.5 million.

– Criminalization of Anonymity: Bars users from creating fake accounts or sharing content anonymously.

– 24-Hour Takedown Rule: Platforms must remove flagged content within 24 hours, raising concerns about censorship and due process.

– Vague Definitions: Terms like “national interest” and “social harmony” are overly broad, allowing authorities to target critics.

– Threat to Free Speech: Journalists and activists warn the bill could criminalize legitimate dissent, forcing self-censorship.

– Global Backlash: The Asia Internet Coalition (AIC) criticized the lack of stakeholder consultation, calling the rules “unworkable” and harmful to digital innovation .

The Social Media Management Directive 2080, enacted in late 2023, laid the groundwork for stricter oversight by:

– Requiring platforms to appoint a local Point of Contact for grievance redressal .

– Banning content promoting hate speech, cyberbullying, or illegal activities (e.g., child labor, human trafficking) .

– Classifying platforms as “large” (100,000+ users) or “small” for regulatory purposes .

However, the 2025 bill expands these measures, introducing harsher penalties and centralized control through a Social Media Management Council .

– Digital Rights Nepal (DRN): Highlighted the bill’s clash with constitutional freedoms and international human rights standards, urging revisions .

– Nepali Congress Leaders: Demanded rewrites to align the bill with democratic principles .

– Tech Giants: Meta and Google, via the AIC, warned that strict registration rules could deter investment in Nepal’s digital economy .

While regulating social media is essential to combat misinformation and hate speech, Nepal’s approach risks undermining its democratic foundations. Experts recommend:

– Multi-Stakeholder Dialogue: Involving civil society, tech companies, and lawmakers to draft balanced laws .

– Clearer Definitions: Narrowing ambiguous terms to prevent misuse .

– Focus on Education: Promoting digital literacy to empower users against harmful content .

Nepal’s social media crackdown reflects a global trend of governments grappling with online governance. However, the **Social Media Bill 2080** must evolve to protect free expression while addressing genuine concerns about digital harms. Stakeholders hope for a revised framework that fosters accountability without sacrificing Nepal’s hard-won democratic values.