The government must repeal Section 47 of the Electronic Transactions Act, revise the Social Media Bill, and align all media-related laws with constitutional guarantees and international human rights standards
Although the Constitution of Nepal guarantees freedom of expression, the right to communicate, and the right to information, these rights are increasingly ineffective for journalists and digital rights defenders across the country. Laws meant to regulate free expression are being misused to intimidate, silence, and control, eroding democratic space and weakening public trust. The gap between Nepal's constitutional commitments and the lived realities of media workers has never been wider.
In November 2025 this author had the opportunity to speak at the United Nations in Geneva during Nepal's Universal Periodic Review (UPR) pre-session, presenting Media Action Nepal's recommendations on media freedom, journalist safety, and digital rights. Although Nepal accepted many recommendations related to freedom of expression during the third UPR cycle, implementation has remained weak.
At the centre of this crisis is Nepal's legal and policy framework. While Articles 17, 19, and 27 of the Constitution guarantee freedom of expression, right to communication and the right to information respectively, these rights have been steadily undermined by laws such as the Electronic Transactions Act (ETA) and by proposed legislation including the Social Media Bill and the Media Council Bill. During the previous UPR cycle, Nepal supported recommendations from Brazil and Canada to revise legislation to fully respect freedom of expression and a specific recommendation from the United States to reform the ETA. Yet these commitments have not been fulfilled.
Section 47 of the ETA remains one of the most harmful provisions. Its vague criminalisation of content deemed contrary to public morality or decent behaviour fails to meet the requirements of legality and precision under Article 19 of the International Covenant on Civil and Political Rights (ICCPR). This provision has been repeatedly used to arbitrarily arrest and detain journalists and critics, imposing fines and sentences that are grossly disproportionate to any legitimate aim. The proposed Social Media Bill poses further risks. It would grant sweeping powers to government authorities to regulate online content without due process, judicial oversight, or effective appeal mechanisms. Similarly, the proposed Media Council Bill threatens press freedom by undermining the independence of media regulation through executive-dominated appointment processes.
These legal developments are occurring against a backdrop of worsening journalist safety. Nepal fell 16 places to rank 90th in the 2025 World Press Freedom Index, reflecting a sharp regression. Between 2023 and 2025, more than 70 journalists faced threats or attacks, including the killing of journalist Suresh Rajak while covering a protest. Despite accepting UPR recommendations from countries such as Estonia, France, Greece, and Iceland to protect journalists and investigate abuses, Nepal has failed to curb harassment and end impunity for crimes against journalists.
For women journalists, these dangers are compounded by entrenched gender discrimination. Between 2023 and 2024, dozens of women journalists left the profession due to hostile working environments. Digital repression has intensified these challenges. Despite supporting a previous UPR recommendation to protect freedom of expression online, Nepal continues to misuse the ETA to arrest individuals over social media content and to impose arbitrary platform bans. The nationwide TikTok ban from November 2023 to August 2024 exemplified the government's reliance on dull measures that undermine digital rights without addressing underlying harms.
Labour insecurity among working journalists has further weakened media freedom. Nepal has made little progress towards ratifying ILO Convention No. 87 or guaranteeing the effective functioning of trade unions. The Working Journalists Act is poorly enforced, and the Minimum Wage Fixation Committee lacks the authority and resources to hold employers accountable. Women journalists face double discrimination through unequal pay, denial of maternity benefits, and limited career advancement, reinforcing systemic gender inequality within the media sector.
Nepal's fourth UPR cycle therefore represents a decisive moment. The government must repeal Section 47 of the ETA and align all media-related laws with constitutional guarantees and international human rights standards. It must withdraw and fundamentally revise the Social Media Bill, ensure the independence of media regulatory bodies, and end arbitrary platform bans. Independent, gender-responsive investigations into all attacks against journalists must become the norm, not the exception, supported by a strengthened and properly resourced functional Mechanism at the National Human Rights Commission. Labour rights must be protected through ratification of ILO Convention No. 87, full enforcement of the Working Journalists Act, and mandatory protections against workplace discrimination and harassment.
While the interim, Gen-Z–influenced administration has an opportunity to set a constructive precedent by refraining from punitive and restrictive regulatory overreach and by advancing evidence-based safety measures, sustainable progress will ultimately depend on the post-election government in 2026 demonstrating genuine political will to implement accepted UPR recommendations honestly and transparently.
A key challenge under the interim government is also the lack of diplomatic engagement from the political leadership, ahead of Nepal's UPR scheduled for 21 January 2026. This leadership vacuum raises serious concerns about the government's ability to meaningfully engage with the UPR process and to take ownership of international human rights commitments.
Nepal has the legal framework, the international commitments, and the lived evidence to act. What it lacks is political will. The fourth UPR cycle must not become another missed opportunity.
Pant serves as the Deputy Chair of the Global Forum for Media Development
