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Criminalization of Social media in Nepal IT bill


The new Information Technology bill has a provision to fine up to Rs 1.5 million and jail term of five years or both for posting or propagating objectionable contents on social networking sites.  Nepal from past few years was struggling to introduce a new IT bill as the previous Electronic Transaction Act 2008 was proving to be inefficient and was lacking to address various definitive issues of the IT world.
In this view the new IT bill first draft came in discussion from last year where there were hot debates about the controversial sections of protecting civil rights and restriction that is being imposed by the government. Civil society organizations have been struggling to find a more transparent and open mid solution to the bill giving space of safeguarding people’s right and interest.
 
The new bill also enforces social networking sites to register themselves with Nepal Government within the stipulated time frame. In case they fail to register they can be permanently blocked in the country.

In addition to this, if social networking sites fails to cooperate in terms of the objectionable contents from removable, they would be entitled to fine up to Rs 30,000 and jail term up to three years or both.
With the new IT Bill the criminalization of social media is seen as a major threat against fundamental right of Freedom of Expression (FoE) and Freedom of Speech.

Section of IT bill that criminalize social media are
Section 94 (1) (b) No one should write anything to promote caste discrimination or untouchability, disrespect labor, incite anybody to commit crime, promote acts undermining peace and security, publish or propagate illegal things or act or incite others to act against public decency and morality.
Section 94 (1) (c) No one should write anything to tease, confuse, undermine, discourage, reprimand anybody or to create hatred and enmity or mislead other persons.
Section 94 (1) (d) No one should sell or advertise illegal things or demonstrate or publish such things.
Section 94 (1) (e) No one should write anything with the motive of assassinating anybody’s character or defaming anybody.
 
Nepal Government putting a restriction on Social Media will not stop people from raising concern over corruption and Malpractices ....
 In democracy people should have the right to speak in and against. if there is no freedom of expression then there is no feel of democracy. 

Most importantly, our constitution ensures FoE and FoS as fundamental rights.

Better create policies for tackling corruption rather than preventing people from voicing...

Laws are made for the people and safeguarding public interest not political interest 


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