SC Orders Government to Allow Social Media Operation Only After Registration

The Supreme Court has directed the government to ensure that social media platforms are allowed to operate in Nepal only after being officially registered.

The full text of a ruling made on September 29, 2024, by a nine-member extended full bench—including then Chief Justice Bishwambhar Prasad Shrestha and Justices Prakashman Singh Raut, Sapana Pradhan Malla, Prakash Kumar Dhungana, Hari Prasad Phuyal, Dr Nahakul Subedi, Binod Sharma, Mahesh Kumar Paudel, and Bal Krishna Dhakal—was recently made public.

The verdict stemmed from a contempt of court case filed after content published and broadcast by Sidhakura.com, including news reports, audio, and video materials, was deemed contemptuous. On April 28, 2024, Supreme Court Joint Registrar Govinda Ghimire had submitted a report on the matter. Publisher of Sidhakura, Yubaraj Kandel, executive editor Naveen Dhungana, and Rajkumar Timilsina were named as defendants.

The full text of the ruling emphasizes that, while freedom of the press and expression must be protected, misinformation, disinformation, and mal-information also need to be effectively controlled. It stresses that both domestic and foreign online platforms, including social media, must be registered with the relevant authorities prior to operation, so that objectionable content can be monitored and evaluated.

The court further instructed the government to immediately introduce proper legal mechanisms to regulate social media, prevent misuse under false identities, and ensure reliable oversight by regulatory agencies. The order was forwarded to the Office of the Prime Minister and Council of Ministers.

Additionally, the Supreme Court directed the Press Council Nepal to develop necessary guidelines for news dissemination in a manner that safeguards the dignity and credibility of the judiciary. It also instructed the Council to conduct orientation programs for journalists associated with the court.

The verdict noted that with the rapid growth of digital communication, online platforms such as YouTube are able to spread content widely and quickly, surpassing traditional media. If not regulated, the ruling warned, these platforms could become sources of false news, undermining citizens’ right to accurate information.

The court cautioned that dissemination of misinformation through such platforms could obstruct judicial proceedings and negatively impact public trust in the judiciary. -- RSS