Social Media Regulation

Social media has become a new language of internet-driven society. With the affordability of information communication technology (ICT) for many people, social media platforms such as Facebook, X (formerly Twitter), YouTube and TikTok have become pervasive. Almost everyone having a basic knowledge of using smartphones have been connected to one or another social media apps. Discernibly, the social media has drastically changed the way people communicate with their fellow beings. The social media has not only become a viable means of interaction between two persons, but has also become an indispensable tool in business, politics and academic realms. One significant impact is that the people are well informed about the issues of public importance. The speeches of political leaders or the decisions of their parties are immediately circulated via the social media, generating greater amount of feedback from the viewers. But as the proverb goes, every coin has two facets and the social media also has its pros and cons.

It has been used to tarnish the image and character of innocent people. Disinformation, misinformation and fake news spread through the social networking sites have damaging impacts in the society. Fabricated news, trolls and video clips are promptly shared without fact-checking their truthfulness. As the social sites are bombarded with misinformation and hate speeches, it is hard to get informed with credible news. Audiences lack the tool to ascertain whether they are true or false. Digital violence occurs in various ways – cyberbullying, sexual and emotional abuse.  Damage incurred through mala fide information is difficult to redress. This is a reason why regulating the social media has become urgent in view of their fast proliferation in diverse fields of life.  

On Tuesday, Minister for Communication and Information Technology Prithvi Subba Gurung registered the Bill related to regulating social media platforms in the National Assembly. The Bill seeks to monitor and check the haphazard use of social media and other digital platforms. It will be converted into 'Social Media Act-2081' following its endorsement in the Upper House. With the enforcement of the Bill, the social media platforms like Facebook, X (formerly Twitter), among others, have to secure legal permission to operate in Nepal for individuals, companies or institutions. According to a news report of this daily, the government has proposed a fine of up to Rs. 2.5 million for individuals operating social media platforms in Nepal without permission or in violation of a ban. 

Likewise, any individual or institution that harms the national interests, sovereignty or national security could face up to five years in prison, a fine of up to Rs. 500,000, or both penalties. Those found guilty of spreading hate speech or disturbing harmony discord between different classes, castes, religions, cultures, regions, and communities on social media are slapped five years in prison or a penalty up to Rs. 500,000, or both. The Bill aims to impose punishment on those involved in cyberbullying, cyberstalking, hacking someone's information and identity, sextortion or extortion, phising, posting or sharing explicit images and videos, or audios. 

Similarly, those who post obscene, false, or misleading contents in the social media platforms face fines and prison term. There is the need for generating awareness of this law among the social media users so that they will refrain themselves from above-mentioned criminal activities. The people should be encouraged to use the social sites for the constructive and creative purposes as their abuse hurts the dignity of both perpetrators and victims as well as their family members. Use of digital technology has both bright and dark sides and appropriate legislative measures are needed to curb the misuse that inflicts harm to individuals, society and the nation.