The Government of Nepal has introduced a comprehensive Social Media Guidelines and Directive, aimed at regulating the growing influence and use of social media platforms. This directive outlines key definitions, responsibilities, prohibited actions, and procedural requirements for users, operators, and regulatory bodies involved in the digital ecosystem.
Definitions | Social Media Guidelines and Directive
The Directive defines several important terms:
- Social Media refers to online platforms such as Facebook, TikTok, YouTube, Twitter, Instagram, LinkedIn, and others that allow users to interact, share content, and engage in discussions.
- Use of Social Media includes posting, sharing, commenting, tagging, live streaming, and other interactive activities involving user-generated content.
- Social Media Platform denotes any digital system that facilitates interaction and content sharing by individuals or organizations.
- Associated Bodies include institutions like the Department of Information and Broadcasting, Advertisement Board, Press Council, and the Nepal Telecommunications Authority.
Enlistment of Social Media Platforms in Nepal
Entities that intend to operate social media platforms in Nepal must undergo an enlistment process through the Ministry:
- Evaluation Criteria: Platforms must submit detailed documents including Memorandum and Articles of Association, tax records, technical competence details, and privacy and data usage policies.
- Exemptions: Educational and socially empowering platforms may receive enlistment exemptions.
- Ban on Non-Enlisted Platforms: Platforms that fail to enlist will be banned.
- Update Requirement: Enlisted platforms must renew their status every three years.
Documentation Required
Entities must provide various documents depending on whether they are based in Nepal or abroad, including:
- Registration and tax documents
- Shareholder and director information
- Privacy, data security, and grievance handling policies
- Technical competence proof
- Video KYC for online applications
Prohibited Activities for Users
Users are explicitly prohibited from engaging in:
- Creating or operating fake or anonymous accounts
- Spreading hate speech, discrimination, or misinformation
- Cyberbullying, sexual harassment, and sharing explicit or obscene content
- Encouraging illegal activities such as human trafficking, gambling, and drug abuse
- Impersonation, phishing, hacking, and other cybercrimes
The directive defines “hate speech” as content that may incite violence or social unrest through any form of expression.
Classification and Monitoring of Platforms
Platforms are classified by user base:
- Small Platforms: Less than 100,000 users
- Large Platforms: Over 100,000 users, requiring a designated contact point and a grievance officer in Nepal
Contact Points and Local Presence
Social media operators must establish contact points within Nepal. If there is no existing presence, they have a three-month window to appoint a representative or open an office.
Responsibilities of Contact Points:
- Monitoring and flagging inappropriate content
- Disseminating public information on proper social media use
Responsibilities of Platform Operators
Social media operators are required to:
- Develop content-filtering algorithms
- Remove objectionable content within 24 hours of a complaint
- Protect user privacy and data
- Publish educational materials to promote responsible use
Responsibilities of Users
Users are urged to act with national and social responsibility, refraining from activities that could damage national unity, incite hatred, or promote illegal behavior.
Role of the Ministry
The Ministry holds a central coordinating role and is responsible for:
- Policy implementation and coordination among stakeholders
- Conducting studies and interactive programs
- Issuing additional guidelines when necessary
Role of Associated Bodies
These bodies assist in:
- Strengthening grievance-handling mechanisms
- Submitting quarterly reports for transparency and effectiveness
Education and Awareness
Awareness programs will be carried out via media, conferences, websites, and workshops. Ministries are expected to cooperate in organizing and supporting these efforts.
Social Media Management Unit
A dedicated unit under the Ministry has been established to:
- Handle unresolved grievances
- Advocate for legal and regulatory reforms
- Build institutional capacity through research and dialogue
Special Provisions for Vulnerable Groups
Complaints involving women, children, and sexual minorities willcom be prioritized, acknowledging the risks these groups face in online environments.
Issuance of Further Directives
The Ministry is authorized to issue further instructions to operators, contact points, and associated bodies to ensure continued relevance and responsiveness of the regulatory framework.