KATHMANDU: Nepal’s government introduced the controversial Social Media Bill 2081 in the National Assembly, sparking a nationwide debate over its potential impact on free speech and digital freedom.

On January 28, 2025, Minister for Communications and Information Technology Prithvi Subba Gurung presented the bill in the Upper House of Nepal’s Federal Parliament, arguing that a new law was necessary to hold social media platform operators and users accountable.

Advocates for freedom of expression were quick to condemn the legislation, calling it a draconian measure with far-reaching consequences. “This bill doesn’t just regulate; it criminalizes dissent,” said a prominent legal expert familiar with Nepal’s evolving digital policies.

The stakes are high. If passed, the legislation could fundamentally alter how millions of Nepalis communicate, debate, and connect online, raising pressing questions about the balance between regulation and freedom in the digital age.

The bill proposes strict regulations for social media platforms and users. It mandates hefty fines of up to Rs 2.5 million for those operating platforms without authorization and introduces penalties of up to five years of imprisonment or fines of Rs 500,000 for activities deemed against national interests. The government argues that these provisions are essential to curb the misuse of digital platforms, promote cultural harmony, and protect national security.

Nepal’s existing framework for digital governance, which is fragmented and outdated, has struggled to keep pace with the rapid growth of social media. Gurung’s bill, the government claims, is a necessary intervention. “We are not against freedom of speech,” the minister emphasized during the bill’s presentation. “We are against its misuse.”

With its young and increasingly online population, Nepal is navigating a complex relationship with social media. Platforms like Facebook, YouTube, TikTok, and X (formerly Twitter) have become arenas for political debate, cultural expression, and, at times, disinformation. Yet, the line between regulation and repression is perilously thin.

Critics warn that the bill could give the government sweeping powers to dictate acceptable content. This fear is not unfounded. In recent years, journalists and activists in Nepal have faced legal action over social media posts. Many worry that this bill could exacerbate these trends, silencing dissent under the guise of maintaining order.

Beyond questions of free speech, the bill also touches on a larger issue plaguing the digital world: information overload. As users navigate an endless stream of content, distinguishing fact from fiction becomes increasingly difficult. While the bill attempts to address harmful content, it overlooks the systemic issues that drive disinformation and digital chaos.

Experts argue that real solutions require more than punitive measures. Media literacy programs, algorithmic transparency, and efforts to tackle the commercial incentives of misinformation could be far more effective. The Social Media Bill doesn’t tackle the root cause, which is how platforms operate and how users consume content.

As the debate rages on, the Social Media Bill 2081 has become a flashpoint for larger questions about the role of government in the digital age. Can regulation coexist with free expression? How does a young democracy like Nepal navigate the challenges of the digital era without losing its democratic ethos?

For now, the bill remains a lightning rod for controversy, a test of Nepal’s commitment to balancing cybersecurity with liberty. It risks becoming a tool for political oppression in the coming days. As Nepal charts its digital future, the stakes couldn’t be higher. The Social Media Bill may promise order, but its critics fear it will come at the cost of the very freedoms that make democracy meaningful. Here’s a breakdown of the key points and why it matters:

What are the penalties for transmitting false or misleading information through fake identities?

• Individuals who transmit false or misleading information through fake identities are subject to severe penalties, including imprisonment for up to five years and a fine of up to NPR 1.5 million. Here is the details of regulations and penalties under the Social Media Bill

Are there restrictions on creating fake pages or groups on social media?
Yes. The bill states that no one shall create false, permanent, or temporary groups or pages on social media to transmit false or misleading information that undermines Nepal’s sovereignty, territorial integrity, or national interest. Violators could face up to three months of imprisonment, a fine of up to NPR 50,000, or both.

What happens if someone posts content that disturbs Nepal’s sovereignty or national unity?
Individuals posting or sharing such content on social media can face imprisonment for up to five years, a fine of up to NPR 500,000, or both.

What are the consequences of cyberbullying under the proposed bill?
Cyberbullying, defined as harassment, threats, defamation, or spreading harmful content, could result in imprisonment for up to two years, a fine of up to NPR 300,000, or both.

What are the penalties for cyberstalking or hacking someone’s social media account?
Cyberstalking could lead to imprisonment for up to three years, a fine of up to NPR 500,000, or both, while hacking someone’s social media account could result in imprisonment for up to three years and a fine of up to NPR 1.5 million.

What is the penalty for creating deepfake videos or spreading obscene content?
Creating and spreading deepfake videos or obscene, false, or misleading content could result in up to two years of imprisonment, a fine of up to NPR 300,000, or both.

Are anonymous accounts or pseudonyms allowed under the bill?
No. The bill proposes penalties for creating or using anonymous accounts or pseudonyms. Violators may face three months of imprisonment, a fine of up to NPR 50,000, or both.

What penalties are proposed for repeat offenders?
Repeat offenders could face double the penalties specified in the Act.

Are there additional penalties for certain groups of offenders?
Public office holders or individuals benefiting from state funds may face up to 50% additional punishment for offenses under this Act, while offenses involving the use of children could incur an additional year of imprisonment.

What are the penalties for phishing or imposter scams?
Individuals committing phishing or imposter scams could face imprisonment for up to three years, a fine of up to NPR 1.5 million, or both.

Does the bill include provisions for social media platforms operating in Nepal?
Yes, social media platforms must register with the government to operate legally in Nepal. Failure to comply with this registration requirement could result in fines of up to NPR 2.5 million. Additionally, platforms are required to designate a point of contact responsible for reporting to authorities and ensuring the removal of flagged content. Non-compliance with these obligations could lead to penalties ranging from NPR 500,000 to NPR 1.5 million.

How does the bill address issues related to social media content moderation?
Social media platforms are required to have a rapid response team to handle complaints and remove harmful content as instructed by authorities. Failure to comply may result in penalties and compensation for damages.

What concerns have critics raised about the Social Media Bill?
Critics argue that the bill’s vague language and stringent provisions could threaten freedom of expression, privacy, and digital rights, with concerns about potential misuse of the law to suppress dissent and discourage investigative reporting. Many fear that the law’s broad scope could be used to stifle criticism, potentially silencing opposition voices and curbing the media’s ability to hold those in power accountable. The fear is that, instead of protecting digital rights, the bill could serve as a tool for censorship and control.

How does the bill impact global social media platforms operating in Nepal?
The strict registration and content regulation requirements could deter global platforms. However, the government has implemented measures like the Digital Service Tax (DST) and VAT to ensure fair contributions from foreign platforms.

What is the process for the bill’s enactment?
The bill has been tabled in the National Assembly for preliminary discussions. After amendments and approval in both houses of Parliament, it will be sent to the President’s Office for authentication to become law.