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Nepal's cybercrime law increasingly used to stifle free speech, analysis shows

From Kathmandu Post · (5m ago) English Critical tone

Translated from English, summarized and contextualized by DistantNews.

TLDR

  • Nepal's Ministry of Information and Communication and the Nepali Army have issued warnings against publishing 'unverified content' and 'baseless information,' raising concerns about stifling free speech.
  • An analysis of cases at Kathmandu District Court shows the Electronic Transactions Act, 2006, has been frequently used to suppress voices, with a high percentage of accused individuals arrested and detained, often for extended periods.
  • The law has primarily been invoked in cases involving political commentary and criticism of public figures or institutions, with state bodies often initiating complaints, even when no direct harm is evident.

The Kathmandu Post is highlighting a worrying trend in Nepal where cyber laws, particularly the Electronic Transactions Act of 2006, are increasingly being used to curb freedom of expression. Recent warnings from the Ministry of Information and Communication and the Nepali Army against publishing 'unverified content' and 'baseless information' are seen by many as direct threats to citizens' rights.

This is not merely a theoretical concern. An in-depth analysis by Kantipur of cases adjudicated by the Kathmandu District Court over the past decade reveals a disturbing pattern. Out of over 700 cybercrime cases heard, a significant portion—70 cases—were directly linked to freedom of expression. The law, intended to address distinct technological crimes, has instead been frequently weaponized against journalists, satirists, and ordinary citizens expressing opinions online.

a threat directed at citizens

— Dovan RaiThe information technology expert described the recent warnings from state institutions as a threat to citizens' rights.

The consequences for those targeted are severe. The data shows that in 64% of expression-related cases, individuals were arrested immediately. On average, suspects spent 38 days in custody, with some detained for up to a year, often longer than their eventual sentence. This prolonged pre-verdict detention, coupled with the fact that in only 10% of cases was actual harm proven, underscores the disproportionate application of the law.

Furthermore, the analysis points to a clear political motivation behind many of these cases. Around 80% of complaints stemmed from political commentary targeting public figures or institutions, and a similar proportion were initiated by state bodies. This suggests a systemic effort to silence dissent and criticism under the guise of cybercrime prevention. From our perspective at The Kathmandu Post, this misuse of the Electronic Transactions Act poses a grave threat to Nepal's democratic fabric and the fundamental right to free speech, a right hard-won by the Nepali people.

Such statements strike at the spirit of democratic movements and freedom of speech

— Dovan RaiRai commented on the broader implications of the government and army's warnings on democratic principles.
DistantNews Editorial

Originally published by Kathmandu Post in English. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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