It has been revealed that former secretary Bhim Upadhyaya was arrested on 24th April under the Electronic Transaction Act. The Act is a broad and vaguely-worded law intended to authenticate electronic transactions. This Act, along with other legal tools, has been used consistently by the government to curtail freedom on speech as well as journalistic freedom. And the government has been using the Electronic Transaction Act to arrest—and take action against—people based on their social media posts deemed ‘improper’ by the authorities. What’s more, the government has prescribed a fine up to Rs1.5 million and/or five years imprisonment for individuals who post online contents that fit the above-mentioned offences.

But this is not the first case. Last year in April, Arjun Giri, editor of Tandav News, a Pokhara-based weekly, was detained for publishing a story online about a local businessman involved in financial fraud. In fact, according to the cybercrime cell at Nepal Police, 106 cases were filed in Kathmandu Valley in the last three years for posts on social media. Free speech advocates have been rightly maintaining that authorities have been using provisions in the law as a weapon to curtail freedom of speech.

Cybersecurity is necessary, but authorities should not use safety as a weapon to gag opinions. Any cybercrime legislation that possesses a threat to press freedom must be revised. Also, laws must apply to everyone equally. The authorities concerned cannot arrest someone for writing their personal opinion on twitter while letting go of people who have committed serious crimes. The Asgar Ali incident is a case in point.

Ali is the IT Consultant to the Prime Minister. But he landed in a controversy soon after it was found that a software company owned by him had secretly removed a news content by hacking into a Kathmandu-based online news portal. It was later proved that the allegations made against Ali were true. But he was never punished even though what he did was a serious cyber offence.

The freedom of expression is one of the most important rights that form the bedrock of democracy. In our case, it is a right guaranteed by the constitution. But the Oli-led administration has continually shown disregard for freedom of speech. What we are witnessing in the country bears a stark resemblance to states being run by dictators. Like dictators, the prime minister likes to be surrounded by unctuous people but is quick to punish those whose line of thought he disagrees with. Or with those who are not sycophants and examine things critically. While corruption during a pandemic goes unpunished, expressing one's opinion in a country that likes to call itself a democracy invites irk from those chosen to serve the people.

Freedom of the press is essential to any democracy and any laws that might be used to circumscribe that freedom should be scrutinised so that it is not misused. More importantly, the Oli-led administration, which is already roundly criticised by all sections of society must remember that they are serving a democratic country where people have a voice. Such intimidation tactics will only make their voices louder, not softer. 

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