KATHMANDU: As the government claims the Social Media Bill aims to systematize digital platforms, human rights defenders and cyber law experts have raised concerns, urging significant revisions to protect freedom of expression.
The bill, registered in the Upper House of the Federal Parliament, has faced criticism from media professionals and digital rights advocates, despite the government maintaining that its purpose is to curb online anarchy rather than restrict free speech.
Government Spokesperson and Minister for Communications and Information Technology, Prithvi Subba Gurung, reassured that the bill does not intend to curtail freedom of expression but seeks to enforce accountability among social media users and platforms.
Experts argue that the bill’s provisions lean towards control rather than regulation. Cyber law specialist Dr Shree Krishna Bhattarai said that the bill lacks conceptual clarity and overlaps with existing laws, blurring distinctions between social and mass media. He said social media should not be seen as a crime tool but should be regulated in a way that balances rights and curbs misuse.
He also warned that vague provisions could lead to legal misuse and violate the principle of double jeopardy. He suggested the need for a separate Electronic/Digital Evidence Act, an ISO-certified forensic lab, and tech-savvy law enforcement and judiciary to ensure fair handling of cyber-related issues.
At a discussion organized by the National Human Rights Commission (NHRC), Chief of the Human Rights Division Shyam Babu Kafle acknowledged some positive aspects of the bill, such as the registration of social media platforms, the establishment of an institutional mechanism, and the implementation of a Supreme Court order.
However, he pointed out several flaws needing correction, including the vague definition of a tribunal, short legal time limits of 31 days, and the requirement for court approval before collecting user data. He stressed that only an independent authority should have the right to penalize users.
Kafle emphasized the importance of aligning the bill with international human rights treaties like the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR).
Human rights defenders Charan Prasai and Dr Gopal Krishna Shivakoti expressed concern over a shrinking civic space, urging united efforts from civil society to safeguard digital freedoms.
As discussions continue, experts stress that the bill should focus on empowering digital rights while preventing state overreach in online spaces.
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