Experts Call for Revisions in Social Media Bill to Safeguard Free Speech

Human rights defenders and cyber law experts have urged the government to amend the recently tabled Social Media Bill, citing concerns over its potential to curtail freedom of expression despite government assurances that the bill aims to regulate digital platforms.

The bill, registered in the upper house of the federal parliament, has sparked widespread debate among media professionals and free speech advocates. The government maintains that the bill is necessary to curb digital anarchy and ensure accountability on social media platforms.

Government Spokesperson and Minister for Communications and Information Technology, Prithvi Subba Gurung, clarified during a recent program that the bill is not intended to suppress free speech but to regulate the misuse of social media. “The government is committed to protecting freedom of expression, but the chaotic misuse of social media must be addressed,” he stated.

The proposed legislation aims to make social media operators and users accountable, safeguard user privacy, promote social harmony, and uphold good governance. However, critics argue that certain provisions may restrict free speech.

Dr. Shree Krishna Bhattarai, a prominent expert on cybercrime and cyber law, emphasized the need for regulation but criticized the bill for being overly control-oriented. “Nepal needs a Social Media Act that regulates digital freedoms, but this bill lacks conceptual clarity and overlaps with existing laws,” he said, suggesting the removal of redundant provisions already covered by the Civil and Criminal Codes.

Dr. Bhattarai warned that the bill’s broad provisions could lead to misuse by law enforcement agencies, violating the principle of double jeopardy. He recommended the establishment of a separate Electronic/Digital Evidence Act, an independent forensic lab, tech-savvy investigation authorities, and specialized judges to handle cybercrime cases.

In a recent discussion organized by the National Human Rights Commission (NHRC), Shyam Babu Kafle, Chief of NHRC’s Human Rights Division, acknowledged the bill’s positive aspects, such as the registration of social media platforms and institutional mechanisms. However, he called for improvements, including the establishment of an independent tribunal to oversee penalties and the requirement of court permission to access user data.

Kafle stressed that the bill should align with international human rights standards, including 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 concerns about the shrinking civil space in Nepal, urging civil society to remain united in defending human rights.

The NHRC also consulted on the status of human rights defenders, emphasizing the importance of ongoing advocacy to protect civil liberties in the digital sphere.