The government has approved a new bill to regulate social media, outlining norms for users, and punishment if any one violates them.

Some political leaders, digital rights activists and experts have already criticised the bill and questioned the government’s intent.

Earlier, successive governments tried to introduce laws to regulate social media, their use by citizens, code and ethics, as well as provisions for punishing the guilty.

“We are going to introduce a new bill to regulate social media,” said Prithvi Subba Gurung, the minister for communication and information technology. “A Cabinet meeting last week approved the bill but it’s not certain whether the government will introduce it through an ordinance or will table it in Parliament.”

Mainstream media—both print and broadcasting—are providing vital information to the public, Gurung said at a function in Kathmandu on Saturday. “But social media is creating chaos, which needs to be controlled.”

He accused “some online media” of “helping undermine our culture and promoting violence” and stressed the need for regulation. “Due to the anarchy of the online and social media, questions have been raised over national independence, national interest and sovereignty. These media are thus destroying the social fabric and disturbing religious tolerance,” the minister said.

Speaking at a function in Kathmandu on November 14, senior Nepali Congress leader Shekhar Koirala demanded a rewriting of the proposed social media bill arguing that any law that is formulated should honour the spirit of the constitution.

Koirala said the government should discuss issues with stakeholders before formulating the law, and some provisions for new media and social media regulation need to be revisited.

Advocate Baburam Aryal, who has been vocal about media rights and laws, said the content of the proposed bill is problematic. Aryal, who holds a copy of the proposed bill, said: “I don’t know whether the Cabinet endorsed the same content but if that is the case, it’s problematic.”

Minister Gurung said that he wanted to enact the bill at the earliest. While getting the bill approved by the Cabinet, “I told the prime minister to introduce the bill as an ordinance, which will be approved by Parliament later.”

But Advocate Aryal said there were serious flaws in the proposed bill. “It will undermine legal and judicial processes and give unnecessary teeth to the administrative agencies to take action and punish. Ultimately, this will dilute the legal and constitutional vetting process of online content,” said Aryal.

Minister Gurung, on the other hand, expressed how he was deeply bothered by the contents circulating on social media platforms.

“We have no issues with print or the broadcast media. They are critical to the government—they are informing the people by ensuring their right to information. Our concern is with online media,” said Gurung.

“There is anarchy in online and social media which need urgent regulation,” said Gurung. “That is why questions are being raised, time and again, before our national independence and national interests.”

But experts, activists and those in favour of press freedom find many flaws in the new bill. Besides regulating online media, the new bill also requires social media companies’ registration in Nepal. Only two social media platforms have been registered in the country so far. Several others have expressed their reservations and declined to register citing onerous terms and conditions as well as excess regulation. Once registered, social media platforms have to pay applicable taxes and royalty in Nepal.

Besides TikTok and Viber, no other social media platform has agreed to register in Nepal.

“The fact is, the new bill is not conducive to freedom of expression and is not in line with the constitution,” Aryal said.

But Minister Gurung is adamant.

“The Cabinet has already approved the use and regulation of social media platforms. As our Parliament is not in session, the bill has not been approved. I have been requesting the prime minister to bring it as an ordinance,” said Gurung. “We have to regulate social media starting today.”

He also pointed to the lack of laws to regulate cyber crimes and said the government was preparing one, “which will soon be approved by the Cabinet”.