KATHMANDU, FEBRUARY 2

Amid severe backlashes of the Social Media Bill (SMB) presented by the government in the Upper House of Federal Parliament, Minister for Communications and Information Technology, Prithvi Subba Gurung, has defended it by expressing that it has been introduced with the aim of strengthening national unity.

Minister Gurung stated at the eighth district convention of Press Chautari Nepal, Lamjung district chapter, that the bill was introduced to embrace the fundamental principles of democracy and the values of press freedom, as well as to make them more practical.

According to him, the bill has been introduced in parliament, and the necessary discussions will take place to strengthen national sovereignty, independence, and unity.

'The government is aware of the issue of access to information, which is a fundamental right. A bill has been presented in such a way that it does not restrict people's freedom of expression or press freedom,' he stated.

However, the thorough review of the bill by the Himalayan Times has found that the bill proposes a controversial provision of a fine of up to Rs 2.5 million for those who operate social media in Nepal without permission or in violation of the restrictions.

Additionally, section 18 of the bill states that if any individual or institution engages in actions detrimental to national interests or incites communal hatred or spoils relations between federal units, then that individual or institution will face a jail term not exceeding five years and a fine not exceeding Rs 500000 or both.

More concerning is the provision in the bill to punish obscene and misleading content without clearly defining what they mean in the context of social media platforms.

On the other hand, it has received widespread criticism from freedom of expression experts and leading organisations dedicated to the protection of free speech.

According to them, bills like SMB should not be considered in any healthy democracy, as they lack adequate consultation and consideration, despite the growing popularity of social media platforms among the general public.

Experts believe that if the bill gets endorsed without consultation and in its current form, it is likely to criminalise activities of social media users on it. Furthermore, the bill is likely to provide more security to Singha Durbar, the executive secretariat, than to individual society members, as any social media who post and share, like, repost, livestream, subscribe, comment, tag, hashtag or mention with malicious intent will be liable to punishment if ratified by the parliament.

Laxman Datt Pant, a global media rights advocate and the Executive Director of Media Action Nepal, said, 'Parliament should not pass this bill and instead uphold the freedom of speech enshrined as a fundamental right in the Constitution of Nepal and in the international treaties ratified by Nepal.'

'The bill's strict provisions on identity disclosure and restrictions on anonymous social media use infringe on privacy rights and discourage whistleblowers from exposing wrongdoings,' Pant added.

Similarly, During a recent event organised by the Federation of Nepalese Journalists (FNJ) to hand over certificates to newly elected National and Provincial Council members of the FNJ, it was emphasised that the bill is unacceptable to those who value press freedom.

Ram Prasad Dahal, Central General Secretary of the Federation of Nepali Journalists (FNJ), stated that the bill is against freedom of expression. According to him, the proposed bill risks narrowing press and freedom of expression amid social media becoming an important medium for information and expression exchange in a democratic society; attempts to impose strict controls on it signal an encroachment on these freedoms.

Calling for the withdrawal of the bill, Dahal stated, 'The bill should be amended and revised only after discussions with journalists, human rights activists, civil society, and stakeholders. The FNJ, as a leading civil society organisation, would not remain silent if the bill is pushed forward without such consultations.'