Bill on Social Media to tighten the net around offenders

A measure to enforce more stringent rules on social media use has been submitted by the government.

The law, which intends to control the usage, operation, and surveillance of social media and requires that social media platforms receive government approval to function, was introduced to the House of Representatives on Monday by the Ministry of Communication and Information Technology.

The bill further stipulates that users who fail to reveal their genuine identity or authorized personnel who violate the specified restrictions would be subject to fines ranging from Rs 2.5 million to Rs 10 million.

The government has presented a law with strict regulations in response to concerns expressed by a number of political parties and interest groups about the use of social media as a vehicle for disseminating false information.

The measure adds a new clause requiring businesses, organizations, or firms who want to run social media platforms to get permission from the government. The bill defines social media platforms as websites, blogs, applications, artificial intelligence technologies, and other online platforms that facilitate electronic communication.

For those who, with government approval, permit the use of social media platforms for activities like promoting anti-national views, defaming people, violating personal privacy, or allowing users to conceal their true identities, it suggests fines ranging from Rs 2.5 million to Rs 10 million.

Conversely, social media users who disregard the law may be subject to fines of up to Rs 500,000. The bill expressly forbids trolling and the use of derogatory language, pictures, and videos in an attempt to harm or damage someone’s reputation. It also requires penalties for “hate speech,” which is defined as content that disturbs social harmony or incites violence or hatred against people, communities, or groups. The term “hate speech” refers to the dissemination of such content through uploading, sharing, commenting, live streaming, reposting, tagging, and the use of hashtags and mentions. A fine of Rs 500,000 might also be imposed on those who disseminate inaccurate and misleading information, falsify facts, or share stuff that is illegal.

According to the proposed bill, users of social media who maliciously post, share, like, repost, live stream, subscribe, remark, tag, hashtag, or discuss content would be penalized accordingly. The media will be impacted by this clause as well. A fine of up to Rs 500,000, five years in prison, or both may be imposed on anybody who participates in actions that encourage hatred or enmity against nationality, sovereignty, territorial integrity, religion, culture, ethnicity, or class.

Similarly, the bill suggests that cyberbullying—defined as using social media to send, post, share, or harass others with harmful words, images, phrases, letters, symbols, pictures, videos, sketches, photos, signals, or messages that violate the law—be punished with up to two years in prison, a fine of up to Rs 300,000, or both.

Furthermore, a fine of Rs 500,000, three years in prison, or both are suggested penalties for cyberstalking. False accusations, spying, and invasions of privacy through internet technology are all examples of cyberstalking.

In a similar vein, the suggested punishment for hacking someone’s ID and information is up to three years in prison, a fine of Rs 1.5 million, or both. Additionally, the draft suggests that phishing and impersonation frauds utilizing social media might result in a fine of Rs 1.5 million, three years in prison, or both. The term “phishing” is the practice of tricking someone via electronic contact in order to get their bank account information, login, password, credit card number, or other similar credentials. The term “imposter scam” is the practice of tricking someone by posing as someone else and requesting money after obtaining sensitive information and personal passwords in return for promises of presents or incentives.

Similarly, the draft suggests that anyone found guilty of sextortion or extortion via social media faces a maximum sentence of three years in prison, a fine of Rs 1.5 million, or both. Sextortion is the practice of forcing someone into sexual exploitation, financial gain, or violence, or threatening to publicly post or distribute their private images, audio, or video on social media.

In order to illegally achieve an advantage for oneself or others, or to force someone to act with the purpose of getting such a benefit, extortion is the act of using social media to threaten someone, making them fear danger to themselves or others.

Sharing or posting pornographic photos, sounds, or videos on social media can lead to a fine of up to Rs 50,000, three months in jail, or both. Similar penalties apply to anyone who uses social media to disseminate offensive language, pictures, signals, videos, audio, or inaccurate or misleading information. They can also be punished with up to two years in prison, a fine of up to Rs 300,000, or both.

A fine of up to Rs 300,000, two years in prison, or both might be imposed for posting or disseminating deepfake movies on social media. Artificial intelligence that mimics or replaces a person’s face, voice, or conduct in order to disseminate misleading information, encourage profanity, or harm someone’s reputation is known as a “deepfake video.”

Similarly, anyone who impersonates someone else on social media, creates an anonymous or fake identity (such as a fake ID, page, or group), produces and posts or shares content using such anonymous or fake identities, shares someone else’s content, or makes comments or calls could be imprisoned for up to three months, fined up to Rs 50,000, or both. The punishment for engaging in activities against national interests under a false or anonymous name is up to five years in prison, a fine of up to Rs 1.5 million, or both.

A person will be punished twice for each additional infraction if they commit the same offense more than once. A person who violates this legislation while serving in public office or receiving funds from the state treasury faces an extra penalty of up to fifty percent. According to this law, anyone who uses children to commit an infraction faces an additional year in prison. An accomplice who commits an offense under this law will be subject to half of the punishment meted out to the primary criminal.

Section 5 of the law states that Schedule 1 of the National Criminal Procedure (Code) Act, 2017 will be used to assess cases involving offenses. The measure also stipulates that the offender must pay damages if the offense causes any injury. Claims, however, have to be submitted within three months after becoming aware of the offense.

Platforms that operate in Nepal without the necessary authorization or whose licenses have been revoked may be prohibited from doing so by the department in charge of information technology matters. Those who run or assist in running these prohibited sites face fines of up to Rs 2.5 million.