The Social Media Bill aimed at regulating social media content has landed in controversy as stakeholders say several of its provisions pose threat to free speech and press freedom.

After long preparation, the KP Sharma Oli administration on Tuesday registered the bill in Parliament. Despite the proliferation of social media platforms, the country lacks specific laws to regulate them. However, the bill has attracted widespread criticism and resistance.

The Federation of Nepali Journalists (FNJ), an umbrella body of journalists across the country, has taken serious exception to the bill, saying it curtails freedom of expression. “The federation stands against the bill that was introduced without any consultations with the concerned stakeholders,” said Ram Prasad Dahal, the FNJ general secretary.

The federation, through a statement, has asked the government to proceed with the bill only after consultations with the stakeholders concerned and revising the controversial provisions in line with international human rights principles and the Constitution of Nepal.

Free speech advocates say though social media contents need to be regulated, the bill aims to criminalise the misuse of such platforms which only intimidates the users. “Several of the provisions could be misused to discourage critical voices which can instill fear among those speaking against corruption and irregularities,” Taranath Dahal, executive director at the Freedom Forum wrote on X. “The bill should be amended.”

If the bill gets endorsed, social media platforms will have to post up to Rs10 million in fines if they don’t comply with the government conditions while a user giving misleading information can be subject to up to five years of imprisonment and fine of up to Rs1.5 million.

As per the bill, companies, firms or organisations seeking to operate social media platforms need to get government approval. Different types of applications (apps), websites, and blogs, among others, created in cyberspace that allow interaction through electronic means have been defined as social media platforms.

The bill has listed out around dozens of offenses that can make the users liable to pay hefty fines and to be imprisoned.

Those who transmit false or misleading information through fake identity are liable to the most severe penalty which can lead to five years of imprisonment and a fine up to Rs1.5 million.

“No one shall open a false, permanent or temporary group, or page on any social media platform individually or in group and transmit false or misleading information that undermines Nepal’s sovereignty, geographical integrity or adversely affect national interest,” states one section of the bill.

Any individual who posts or shares content on social media that disturbs the sovereignty, geographical integrity, national unity and security of Nepal will be imprisoned for up to five years or fined up to Rs500,000, or both, the bill further states.

The bill, which has been registered in the National Assembly, will be introduced for preliminary discussions. Once the upper house accepts the bill, lawmakers will be allowed to register amendments. The upper chamber, after endorsement, will forward it to the lower house where it goes to deliberations before the approval. It is then returned to the National Assembly for review before it is dispatched to the President’s Office for authentication.

If it gets endorsed without revision, those who create fake pages and groups and from them, post or share content on social media, share content of others, comment or call will be imprisoned for three months or fined up to Rs50,000 or both.

Using social media to harass, torment, threaten, embarrass, insult, dehumanise or spread rumours and imitate someone’s voice will make the offender liable to 2 years of prison or a fine of up to Rs300,000. The bill says anyone who ‘hacks’ someone’s social media account will be imprisoned for up to three years and fined up to Rs1.5 million.

The bill also proposes that those who make ‘deepfake’ videos using artificial intelligence and spread them on social media can be jailed for up to 2 years or fined up to Rs300,000. Provision has also been made in the bill for those who spread obscene, false or misleading content to be imprisoned for up to 2 years or fined up to Rs300,000.

“Such provisions will certainly curtail citizens’ rights and shrink the scope of democracy. We demand the government withdraw this bill which contradicts the spirit and essence of the constitution,” reads the statement by Kathmandu Valley chapter of the FNJ. “We will be compelled to protest and struggle if the government forwards the bill without revising the controversial provisions.”