Until mid-August, each time the KP Sharma Oli government pushed for mandatory registration of the social media platforms, it cited Social Media Operation Directives enforced by its predecessor Pushpa Kamal Dahal administration as justification.

Clause 3 of the 15-point directives issued in November 2023 makes it mandatory for any individual or organisation operating or preparing to operate a social media platform in Nepal to get registered with the Ministry of Communications and Information Technology.

In March, a 30-day call was made, asking the social media platforms to register citing the same directives. Various Supreme Court verdicts have reinforced the government position.

A full text of a verdict from September last year issued on August 16 and the other passed on Wednesday are in line with the Oli government’s move to crack down on the social media platforms. While issuing a seven-day call for registration, the ministry on August 27 had cited the first verdict to justify the decision to shut down such platforms if they refuse to register.

The full text has ruled that the social media platforms should be mandatorily registered and subjected to the monitoring and supervision of a competent authority.

An extended full bench of the top court has said that digital media and social media networks should also be made responsible and held accountable, and the use of social media under false or fictitious identities should be discouraged.

“Online and social media platforms of domestic or foreign origin should be mandatorily registered with the competent authority before operation, and mechanisms should be in place to evaluate and monitor undesirable content,” reads a point of the ruling relating to a case against sidhakura.com, a Kathmandu-based news website and YouTube channel.

The nine-member bench led by then-chief justice Bishowambhar Prasad Shrestha said that as news circulated through electronic media reaches the general public widely and quickly, often going viral, false news can spread if proper rules and regulations are not established for such media.

Incumbent chief justice Prakash Man Singh Raut and seven other senior-most justices were the members of the bench. The constitution of a nine-member bench is a rare incident in the top court.

Stating that the circulation of news through these media can harm citizens’ right to get accurate information, obstruct judicial proceedings, and negatively affect public trust and credibility of courts, the verdict has directed the government to make legal arrangements to check them.

“Appropriate legal arrangements should be made immediately, within the framework of the law, by regulatory authorities to ensure proper oversight, and other necessary measures should be taken in this regard,” reads the verdict.

In less than a month after the full text was issued, a division bench of the court, on Wednesday, opened a door to stop unauthorised broadcasting services via over-the-top (OTT) platforms, YouTube, and other internet browsers and cease the operation of the unregistered social media platforms.

Passing a verdict in two different writ petitions registered in December 2020, the bench allowed the government to ban the unrestricted broadcasting of social media platforms containing foreign advertisements.