Recent incidents involving protestors, journalists and social media users raise serious concerns about the shrinking civic space in Nepal. While legal instruments exist to address cybercrime, defamation, threats and public disorder, use of administrative forces against individuals expressing dissent or criticizing government activities can have a chilling effect on the exercise of fundamental rights to freedom of expression, association and peaceful assembly.
These concerns are particularly significant because the Electronic Transactions Act (ETA) has long been criticized for being used against journalists and general public exercising their freedom of expression in online spaces. Section 47 of the Act has repeatedly been used to criminalize online expression and silence critics on social media platforms.
Freedom Forum (FF) recorded several serious incidents as follows:-
- Social media expression
- On July 6, health officer Navesh Adhikari was briefly detained in Dhanusha following a social media post criticizing Minister for Health and Food Safety Nisha Mehta and the government's performance in the health sector. District Police Office, Dhanusha Information Officer Madhusudan Neupane informed FF that the police initially received instructions from Cyber Bureau in Kathmandu to present Adhikari before the bureau. They later, received an order to release him and he was handed over to his family.
- On July 22, Nezamuddin Ansari of Bara, Madhesh Province was arrested from his residence in connection with a critical social media post. According to Ansari, he had criticized Member of Parliament Arbind Sah's performance, particularly his failure to fulfill promises made in his election manifesto. In the post, Ansari also challenged Sah to meet him and said that he would throw black ink at him because the lawmaker had failed to deliver even one percent of his promises. Ansari was kept in custody for approximately 24 hours. He further stated that Abhinandan Sah, the lawmaker's brother, filed a cybercrime complaint against him following his arrest. According to Ansari, he was released only after deleting the social media post.
These incidents indicate increased hostility of government officials and political leaders towards citizens exercising their rights to freedom of expression and peaceful assembly. Criticism of the performance of public authorities is an essential component of democratic accountability. Moreover, the repeated use of Section 47 of the ETA to criminalize citizens' expression on online platforms further risks undermining freedom of speech and expression.
- Journalists & Media
Journalists are also vulnerable to legal and judicial pressure when reporting online. Journalists should be able to investigate and report on matters involving public expenditure, government officials and public institutions without facing intimidation, harassment or online abuse.
- Senior journalists Khem Bhandari and Saroj Mishra faced criminal charges for their news reporting. They were subjected to imprisonment along with compensation amount on criminal defamation charges. Journalistic works should not be criminalized and rather prosecuted through civil laws.
- On July 15, journalist Bhuvan Bahadur Singh of Saipalkhabar.com published a news report titled “10 Lakhs Allowance Kanda” concerning alleged irregularities in allowances at a municipality in Bajhang. Following publication of the report, a finance auditor of a municipality in Bajhang reportedly posted abusive content targeting Singh on social media.
- On August 12, journalist Kishor Shrestha was arrested and kept in detention for six days in District Police Office Kathmandu over news reporting. Shrestha was arrested based on a complaint lodged at DPO on charges of infringing individuals’ right to privacy. The police also raided the media outlet’s office and seized computers, mobile phones, equipment and related documents. He was later released on August 17 following Supreme Court's order reasoning as a sheer violation of press freedom. The police raid at media house was an absolute violation of media rights.
- A further concerning incident occurred on July 13, when few private-owned vehicles were found parked at the entrances of media houses, obstructing access. Three media houses - Onlinekhabar, Kantipur Television and Himalaya Television - were affected when unusually parked vehicles covered their entrances, making it difficult for journalists to enter and leave the premises for reporting. Kathmandu Traffic Police later, removed the vehicles using cranes. The vehicle owners were reportedly fined Rs. 500 before the vehicles were released.
Media owners suspected that the incident may have been deliberate and raised concerns about indirect intimidation of the press. Regardless of the intent behind the incident, obstructing access to media organizations affected journalists from carrying out their reporting.
In most of the incidents, Press Council Nepal, an authorized regulatory body responsible for monitoring and addressing concerns regarding published media content is often ignored and journalists are slapped with the lawsuits for covering news. PCN's role is often overlooked when complaints concerning journalistic content are pursued through the police and courts, which has serious impact on press freedom.
- Artistic Expression
Freedom of artistic expression is a fundamental right. Artists should be free to express their creativity and talents in public spaces without fear of intimidation. They should not be threatened, intimidated or censored because of their expressions. However, several incidents involving comedians, singers, actors facing intimidation have been recorded. They have also faced coordinated attacks on social media over their expressions and opinions.
- On August 18, Comedian Amarendra Yadav wrote a social media post describing continuous threats and death threats he had faced since broadcast of his comedy show on YouTube. In the show, Yadav roasted political leaders and according to him, their alleged supporters threatened him for roasting their leaders.
Threatening artists simply because they criticize political leaders or express views is unacceptable and undermines freedom of expression.
- Protestors' arrest:
- On July 23, police detained six youths during a protest outside Tribhuvan University in Kirtipur during its 67th anniversary program. The protesters were protesting against Education and Sports Minister Sasmit Pokharel and chanting slogans including 'Nepo Baby Murdabad'. They demanded merit-based appointments, end to political interference in universities and amendment of provisions related to appointing Prime Minister as Chancellor and Education Minister as Vice-Chancellor of universities.
Together, these incidents reveal a troubling pattern where legal and administrative measures have been used to silence dissents and harass journalists. Nepal's constitutional framework fully protects freedom of opinion, expression and press and these protections should apply equally to both online and offline spaces. Protecting these rights is vital in Nepal's evolving political landscape. The government must honor the spirit of historic Gen Z movement that brought this revolution.
These incidents also underscore the urgent need for state accountability, respect for the rule of law and stronger safeguards for fundamental freedoms. Laws regulating online spaces must be clear and precise to prevent arbitrary enforcement. Regulatory frameworks should protect citizens from genuine harms and promote human rights rather than serving as tools to silence dissent.
Hence, the government must guarantee that these rights are protected in both online and offline spaces. Although regulation of digital platforms is necessary, it must not infringe on fundamental rights. In a democratic society, the right to question, criticize, protest and dissent must be fully respected and protected.
