Powerful Social Media, Weak Government

Kathmandu – The Nepalese government has failed to regulate major social media platforms like Facebook and X (formerly Twitter) currently in use in Nepal. The Ministry of Communication and Information Technology had issued ultimatums four times, demanding these platforms register in Nepal. However, these social media companies have refused to comply.

The government had warned that it would ban platforms that did not register, but it ultimately stepped back from its stance. On March 20, 2024 (Chaitra 7, 2080 BS), the government issued a third ultimatum through the Gorkhapatra newspaper. Despite repeated requests, major platforms like Facebook, X, TikTok, and LinkedIn have not followed the registration guidelines under the "Social Media Use Regulation Directive, 2080."

Failed Attempts at Regulation

Minister for Communication and Information Technology, Prithvisubba Gurung, had warned that this was the final notice and that platforms failing to register would be banned. However, the government could not enforce this ban and instead raised the issue of regulation.

Despite multiple warnings, major social media companies have not come forward for registration, confirming the ministry’s failure. Now, the government is waiting for a new social media bill to be passed in parliament.

Registration Requirements Ignored

Under the directive, social media platforms operating in Nepal must register with the ministry and appoint a local contact person. However, most have not done so. The ministry had issued the directive on November 30, 2023 (Mangsir 15, 2080 BS), giving platforms three months to register and appoint grievance officers and compliance monitors.

Despite three public notices (on Mangsir 15, Magh 21, and Chaitra 7 of 2080 BS), major platforms like Facebook, X, Instagram, YouTube, LinkedIn, Telegram, Snapchat, Reddit, Truth, Greater, WeChat, and Threads have not registered. Only a few, such as Viber, TikTok, WeChat, and Nimboz, have complied. According to the ministry, over 40 social media platforms operate in Nepal.

Legal Provisions and Future Steps

The directive states that platforms must renew their registration details every three years. A pending bill in parliament also makes it mandatory for social media companies to obtain an operating license within three months of the law’s enactment.

The bill includes provisions to block unregistered platforms. The Department of Information Technology can instruct the Nepal Telecommunications Authority to restrict access to such platforms. Companies must submit documents like registration certificates, privacy policies, data usage policies, and details of their management committees.

Global Precedents of Social Media Bans

Several countries have banned or restricted Facebook and other platforms:

  • China (2009): Banned Facebook after the Xinjiang riots, accusing it of facilitating unrest.

  • Iran (2009): Restricted Facebook following post-election protests.

  • Turkmenistan (2018): Imposed heavy censorship, blocking foreign apps and social media.

  • Myanmar (2021): Banned Facebook after the military coup to suppress protests.

  • Uganda (2021): Blocked Facebook before elections, and the ban remains.

  • Russia (2022): Banned Facebook for spreading "misinformation" about the Ukraine war.

Conclusion

Nepal’s government has struggled to enforce social media regulations, with major platforms ignoring registration demands. While the ministry has issued warnings, it lacks the power to impose bans without new legislation. The upcoming bill may provide stricter controls, but until then, Nepal remains in a regulatory deadlock.