Kathmandu, Nov 15: The freedom of expression (FoE) advocates and rights defenders have showed concern over the draft bill on social media.
During a discussion organized by the Media Lawyers’ Association (MLA) in the federal capital on Thursday, they viewed the regulation of content on social media by the administrative authority could be misused to stifle FoE.
In his presentation on ‘Social Media (Use and Regulation) Draft Bill from FoE Lens’, Vice Chairman of MLA and advocate Sanjeeb Ghimire said the provisions in the draft bill were against constitutional guarantee of FoE and international human rights instruments like ICCPR.
“The provisions in the draft bill go beyond the three-part test of FoE (Article 19) of the International Covenant on Civil and Political Rights (ICCPR),” he reminded, adding that overbroad and vague wordings and provisions were detrimental to FoE.
Vice Chairman Ghimire further argued the restriction on FoE must be justifiable, legitimate and proportionate, but the content regulation and control on social media as mentioned in the draft bill are against this norm, which he argued, would dent democracy.
Broad definition of digital platform, excessive judicial rights to administrative authority like Department of Information and Broadcasting and even making security agencies responsible for content regulation warrant serious concern, he underscored.
Similarly, Executive Chief of Freedom Forum, Taranath Dahal, suggested that the draft bill needs immediate withdrawal from the Cabinet for rewriting. The rewriting of the bill could be managed via experts’ groups, Dahal suggested.
General Secretary of Nepal Bar Association, Anjita Khanal, also viewed it was wrong to bring law by bypassing the concerned stakeholders.
The drafting of law must align with constitution, she emphasized. On the occasion, senior leader of the Nepali Congress Dr Shekhar Koirala said the process of law drafting needs to have wider discussion and consultation with stakeholders to make it acceptable by wiping out faults.
“If any law contradicts constitution, it is useless,” he reminded. As the experts and advocates have showed concern, the draft bill requires rewriting, he said.
Similarly, CPN (Maoist Centre) leader and lawmaker Madhav Sapkota said all sides’ concerns should be addressed in the draft bill to make it workable. He vowed his active role to make the bill friendly to human rights.
UML lawmaker Sunita Baral said if the draft bill is faulty, the provisions need changing, for which she would draw attention of her party leadership.
Chief of NC publicity department, Min Bishwokarma, said the bill must not have the provisions that violate FoE.
MLA chaired by advocate Baburam Aryal is a network of Nepali lawyers working in the sector of IT, FoE, cyber policy, media freedom and digital rights.
Aryal informed that MLA would continue such discussion in series to foster debate on the pressing issues of the hour. #foe #nepal #socialmedia #rss
