Politics
Social Media Bill to be revised before endorsement, say members of various parties
‘Just because opposition did not protest while the government presented it in Assembly does not mean they support it.’Post Report
Citizens are cautious as the Social Media Bill forwarded by the KP Sharma Oli-led government faced no opposition while it was presented in the National Assembly on Sunday.
The bill has received widespread criticism and resistance over concerns that it may undermine the freedom of expression and free press. Critics argue that the bill’s vague provisions could be misused to suppress dissent and critical voices.
The Social Media Bill attempts to control the public's expression on social media rather than regulating the platforms. The proposed restrictions could undermine press freedom, as mainstream media also uses digital platforms to disseminate the news they produce through social media.
But critics say the scenario in Sunday's Assembly, where Minister Communications and Information Technology Prithivi Subba Gurung presented the bill without challenge even from the opposition parties, suggests that the bill's criticism has been blunted.
However, Beduram Bhusal, a senior leader of the CPN (Unified Socialist) party and National Assembly member, argues that opposition parties will have serious reservations about the Social Media Bill. Bhusal said that just because opposition parties did not challenge the government while submitting the bill to the Assembly does not mean they are not against it.
“We need to follow the procedure of the chamber. After the government introduces the bill in the house, we first will have a theoretical discussion. After that the assembly members speak for or against the bill,” Bhusal said. Then the assembly sets a timeframe of 72 hours to register the amendment proposals. After that, various committees discuss the Social Media Bill.
Emphasising that various political party leaders also spoke against the Social Media Bill in Monday’s Assembly meeting, Bhusal reiterated, “The bill cannot be endorsed as it is.”
Though Bhusal indicated that they were following the due process, Som Bahadur Thapa, former secretary of Parliament, says that if the opposition desires, they could register a proposal to reject the bill before the government introduces it in the House.
Although the opposition parties did not oppose the Social Media Bill when it was tabled in the Assembly, critics believe it will be amended before endorsement.
“CPN (Maoist Centre) chair Pushpa Kamal Dahal and leaders of the Rastriya Swatantra Party, speaking in the House of Representatives, have opposed the bill. Even the leaders of the ruling Nepali Congress and CPN-UML are critical of the bill. Therefore, I believe the bill will be amended,” said Taranath Dahal, who chairs the Freedom Forum Nepal.
Dahal also says that the kind of turmoil the bill could cause in the entire internet spectrum is not taken seriously by the country's political leadership.
“This bill should have been rejected by all parties in Parliament at first glance, but that did not happen,” Dahal of Freedom Forum said. However, he remains optimistic that the political parties will amend the bill in Parliament before its endorsement by both the Houses.
The Social Media Bill, tabled by the government in both Houses at different times for deliberation, uses vague and broad provisions. The use of terms such as ‘wrong intent’ and ‘content against national interest’ can grant authorities arbitrary power to suppress critical voices against the administration on social media. Critics of the bill also question its broad scope, raising concerns that the government could interpret the law in its favour.
Critics also argue that the bill’s measures target users and could curb freedom of expression. Several provisions in the bill contradict Nepal’s constitution, specifically Articles 17 and 19, which guarantee the right to freedom of expression.
Even the leaders of the parties in government say the bill won’t be endorsed without a revision.
Gagan Thapa, a general secretary of the Congress, said in Chitwan on Monday that the bill to regulate Social Media would not become law in its current form. “There are many problems with this bill; it will not be endorsed without corrections, revisions, and amendments,” Thapa said.
Padam Giri, a lawmaker and former law minister from the UML, also believes that the bill will be amended in one of the Houses.
“No bill introduced by the government gets endorsed as it is, the sovereign parliament will do its part. Keeping necessary provisions, some of the provisions in the bill will be amended,” Giri said.
The bill proposes hefty fines and jail terms for users and service providers, which some consider harsh and against democratic principles.
Those who make phoney pages and groups and use them to publish or share content on social media, remark on others' content, or both risk a three-month jail sentence, a fine of up to Rs50,000 or both if the bill is passed without revision.
One faces up to two years in prison or a fine up to Rs300,000 for using social media to harass, torture, threaten, disgrace, degrade, dehumanise, or disseminate rumours while mimicking someone else's voice. According to the bill, anyone who "hacks" a person's social media account faces a maximum sentence of three years and a fine up to Rs1.5 million.
Additionally, the draft suggests that individuals who use artificial intelligence to create “deepfake” movies and post them on social media might face up to two years in prison or a fine up to Rs300,000. The measure also stipulates that individuals who disseminate offensive, inaccurate, or deceptive content might face up to two years in prison or a fine up to Rs300,000.
Gajendra Kumar Thakur, spokesman for the Ministry of Information and Communication Technology, says there is room for revision and amendment to the bill, but which clauses will be revised depends on the discussion in the House.