Experts, Rights Defenders Call for Revisions to Social Media Bill

As the government remains steadfast in its position on the Social Media Bill, human rights defenders and cyber law experts have called for significant revisions, warning that certain provisions could threaten freedom of expression and press freedom. The bill, currently registered in the National Assembly, has also drawn criticism from the media fraternity.  

In a recent programme, Minister for Communications and Information Technology, Prithvi Subba Gurung, defended the bill, stating that it was introduced to curb digital anarchy and would not infringe upon fundamental rights. According to the government, the bill aims to hold both users and social media platform operators accountable while promoting social harmony.  

However, free speech advocates argue that some provisions could enable the government to suppress online expression. Cyber law expert Dr. Shree Krishna Bhattarai cautioned that the bill appears to be drafted without a solid understanding of cyber jurisprudence. He pointed out that overlapping provisions blur the distinction between social media and mass media and that many aspects of the bill already exist in the Civil and Criminal Codes.  

“The bill lacks conceptual clarity,” Bhattarai said in a discussion organized by the National Human Rights Commission (NHRC). “If law enforcement agencies are given unchecked authority, the risk of legal misuse increases, potentially violating the principle of double jeopardy.”  

Bhattarai recommended key reforms, including a separate Electronic/Digital Evidence Act, an independent ISO-certified forensic lab, a specialized cybercrime investigation authority, tech-savvy judges across all court levels, and well-trained prosecution officers to fairly handle cyber-related complaints. He further emphasized that not all instances of cyber misuse qualify as cybercrimes, highlighting the need for precise legal definitions.  

Speaking at the same event, NHRC’s Chief of Human Rights Division, Shyam Babu Kafle, acknowledged some positive aspects of the bill, such as the mandatory registration of social media platforms, regulatory enforcement, and institutional mechanisms. However, he stressed that there is significant room for improvement.  

Kafle urged the government to ensure that only an independent authority is empowered to penalize users and called for adherence to international human rights standards, including the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR).  

Meanwhile, human rights activists Charan Prasai and Dr. Gopal Krishna Siwakoti expressed concerns over the shrinking civic space. They urged civil society leaders to unite in defending human rights and freedom of expression.  

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