Social Media Crime Laws in Nepal: Privacy, Offenses, and Legal Remedies

In recent years, the rise of social media platforms such as Facebook, Twitter, TikTok, and YouTube has transformed how people communicate, express opinions, and access information in Nepal. While these platforms offer opportunities for free expression and social interaction, they also pose challenges related to misinformation, cyberbullying, privacy violations, hate speech, and defamation. To address these issues, the Government of Nepal has introduced legal frameworks aimed at regulating online behavior and ensuring responsible use of digital platforms.

The primary legislation governing social media in Nepal includes the Electronic Transactions Act, 2063 (2008), and the Cybercrime laws, which criminalize activities such as hacking, identity theft, and the publication of offensive or false content online. In addition, the Information Technology Bill, proposed in recent years, aims to provide stricter controls over social media content, user data, and intermediary responsibilities. However, these laws have sparked public debate, especially regarding potential threats to freedom of expression and press freedom.

As social media continues to shape political, cultural, and social discourse in Nepal, there is a growing need for balanced legislation, laws that protect individuals from online harm while upholding democratic values and human rights. A thoughtful approach is crucial to ensuring that digital spaces remain both safe and free.

Electronic Transaction Act, 2063. Sec 47.

Anyone who publishes or displays content on electronic media (like computers or the internet) that is illegal, immoral, promotes hate or jealousy, or disturbs social harmony among different castes, tribes, or communities can be punished. The penalty may include a fine of up to 100,000 rupees, imprisonment for up to five years, or both. If the person repeats the offense, the punishment will increase each time by one and a half times the previous penalty.

Muluki Penal Code

Prohibition of listening to or recording other's conversation: ( Muluki Penal Code, 2074 sec 293)

It is prohibited to listen to or record a private conversation between two or more people using any device without their consent or permission from the competent authority. Anyone who does so may face up to two years of imprisonment, a fine of up to 20,000 rupees, or both. However, this rule does not apply to speeches or statements made in public.

Prohibition of divulging confidential matter: ( Muluki Penal Code, 2074 sec 294)

No one is allowed to reveal another person's confidential information obtained during the course of their professional work, unless required by law or permitted by the person concerned. Anyone who violates this rule may face up to one year of imprisonment, a fine of up to 10,000 rupees, or both.

Prohibition of taking or disfiguring photograph of any person without his or her consent: ( Muluki Penal Code, 2074 sec 295)

Taking someone's photograph or editing it by mixing it with another photo without their consent is prohibited. However, if a person is unintentionally captured in a photo taken in a public place, it is not considered an offense. Violators may face up to one year of imprisonment, a fine of up to 10,000 rupees, or both. Additionally, creating or publishing a disfigured or altered photograph of someone is also an offense, punishable by up to two years of imprisonment, a fine of up to 20,000 rupees, or both.

Prohibition of giving or selling one’s photograph to another without consent: ( Muluki Penal Code, 2074 sec 296)

Using, selling, publishing, or sharing someone’s photograph without their consent, especially to annoy, disturb, exploit, or gain commercial benefit, is prohibited. Anyone committing this offense may face up to three years of imprisonment, a fine of up to 30,000 rupees, or both.

Prohibition of opening letters or tapping telephone conversations: (Muluki Penal Code, 2074 sec 297)

It is prohibited to open someone's letter or record their telephone conversation using any device without their consent or permission from the competent authority. Violators may face up to two years of imprisonment, a fine of up to 20,000 rupees, or both.

Prohibition of breaching privacy through electronic means: (Muluki Penal Code, 2074 sec 298)

Accessing, sharing, or transferring any notice, information, or correspondence through electronic means without authorization or violating someone’s privacy in the process is prohibited. Anyone who commits this offense may face up to two years of imprisonment, a fine of up to 20,000 rupees, or both.

Prohibition of breaching privacy through electronic means: (Muluki Penal Code, 2074 sec 299)

It is illegal to access, share, or transfer any notice, information, or correspondence through electronic means without proper authorization, or to breach someone's electronic privacy. Anyone found guilty of this offense may face up to two years of imprisonment, a fine of up to 20,000 rupees, or both.

The rise of social media in Nepal has brought both opportunities and challenges, prompting the government to introduce legal measures to ensure responsible online behavior. Laws like the Electronic Transactions Act, 2063 and provisions under the Muluki Penal Code, 2074 aim to protect privacy, prevent cybercrimes, and maintain social harmony. These laws penalize unauthorized use of photographs, recording of conversations, breach of confidentiality, and misuse of electronic information. However, for these laws to be truly effective, they must strike a balance between regulation and freedom of expression, ensuring digital spaces remain secure, respectful, and aligned with democratic values and human rights.

Services provided by Alpine Law Associates in cases of social media crime.

1. Legal Consultation

Law firms provide expert legal advice to individuals, organizations, and businesses facing issues related to social media. This service helps clients understand their rights and the legal implications of activities such as cyberbullying, defamation, privacy violations, or online harassment. Lawyers assess the situation, explain relevant laws like the Electronic Transactions Act or Muluki Penal Code, and guide clients on the best legal course of action, whether that be filing a complaint, seeking mediation, or pursuing litigation.

2. Filing Complaints

When social media crimes occur, law firms assist clients in formally reporting these offenses to appropriate authorities, such as the Cyber Bureau or police. This includes drafting precise and legally sound complaints that clearly state the offense and attach necessary evidence. Lawyers also help navigate procedural requirements to ensure complaints are accepted and properly investigated, following up with law enforcement agencies to protect clients’ interests.

3. Litigation and Representation

If a social media crime escalates to a court case, law firms represent clients throughout the legal proceedings. They prepare all required legal documents, present arguments, and advocate for remedies such as compensation, injunctions, or criminal penalties against the accused. Effective courtroom representation ensures that the client’s case is strongly presented, increasing the chance of a favorable outcome.

4. Digital Evidence Management

Digital evidence plays a critical role in social media crime cases. Law firms assist in gathering and preserving evidence like screenshots, chat logs, IP addresses, and metadata in a manner that complies with legal standards. Proper evidence management ensures that the material is authentic, untampered, and admissible in court, providing a strong foundation for the client’s case.

5. Defamation and Reputation Management

When clients are harmed by false or damaging content on social media, law firms help address these attacks by sending legal notices demanding content removal and pursuing defamation claims if necessary. They guide clients through processes to restore their reputation, which may include issuing clarifications or public statements. These efforts protect the client’s personal or professional image from further damage.

6. Data Privacy and Protection

Protecting personal data is a growing concern in the digital age. Law firms assist clients whose private information has been shared or exploited online without consent. They take legal steps to identify the source of breaches, secure removal of unauthorized content, and pursue remedies under privacy laws. This service is vital in preventing misuse of sensitive information and maintaining clients’ digital privacy rights.

7. Corporate Advisory Services

Businesses face unique challenges with social media, including managing risks from defamatory posts, data leaks, or misuse of trademarks. Law firms advise companies on creating social media policies, training employees on legal compliance, and establishing protocols for responding to social media crises. These advisory services help companies mitigate risks, protect their brand reputation, and handle incidents efficiently.