Social Media Guidelines and Directives, 2080

The Directive Regarding the Management of Use of Social Media, 2080 (2023) is Nepal’s first attempt to regulate social media platforms and their users through a single instrument. It requires platforms to enlist with the Ministry, sets out nineteen prohibited activities for users, and creates a grievance unit with a twenty-four hour takedown obligation.

This note covers what the Directive requires of platform operators and of users, what has to be filed to enlist, and how complaints are handled.

The Directive at a Glance

Key Definitions

Section 2 of the Directive defines the terms on which the rest of the instrument depends.

Enlistment of Social Media Platforms

• Transparent evaluation. Entities wishing to operate social media platforms must enlist with the Ministry using the form in Schedule 1. The Ministry calls for enlistment by public notification, and applications may be made through representatives or online.
• Exemption for educational platforms. Platforms operating in a centralised manner for education and social empowerment are exempt.
• Ban on unlisted platforms. Media that remain unlisted are to be banned by the Ministry.
• Periodic updates. Enlisted platforms must provide updates every three years.

Documents required where the head office is in Nepal

• Memorandum and Articles of Association.
• Company or organisation registration certificate.
• PAN registration certificate.
• Company update certificate.
• Latest tax clearance certificate.
• The company’s decision to seek enlistment.
• Shareholders’ registry, and details of any foreign shareholding.
• Details of the Board of Directors.
• Citizenship certificate for a Nepali citizen, or a passport copy for a foreigner.
• Privacy policy, data usage policy and information security policy of the platform.
• Documents evidencing technical and professional competence.
• Video KYC of the authorised representative, where the application is made online.
• The standard set by the platform in relation to its users.
• The platform’s grievance handling process.

Documents required where the head office is outside Nepal

The list is the same, with three differences: no shareholders’ registry or foreign investment details are required, no company decision on enlistment is required, and a copy of the authorised representative’s passport is required in place of a citizenship certificate.

Activities Prohibited for Users

Section 4 prohibits the following acts by users of social media.

• Creating anonymous or fake identities, whether IDs, pages or groups.
• Producing or sharing content, or commenting on the content of others, through such identities.
• Spreading hatred, discrimination or prejudice against any community, caste, ethnicity, gender, religion, age, colour, class, profession, tradition, marital status, family status, physical or mental condition, origin, sexual minority, language or group protected by law, including through trolls.
• Promoting child labour, human trafficking, polygamy, child marriage, caste-based discrimination or other activities prohibited by prevailing law.
• Using offensive language or hate speech, or intentionally insulting or degrading others.
• Sharing distorted images of individuals produced through animation, montage or similar techniques.
• Capturing or editing private photographs or videos without permission and publishing them.
• Broadcasting obscene words, images, videos or audio animations.
• Encouraging material that harms or exploits children, or relates to child sexual abuse, sexual harassment or prostitution.
• Spreading false information, misinformation, propaganda or information that disrupts harmony.
• Cyberbullying, including intimidating, threatening, alarming or abusing others through technology.
• Promoting the use of illegal drugs or conducting related businesses.
• Encouraging or participating in gambling.
• Publishing content related to terrorism.
• Hacking another person’s ID or information.
• Phishing, impersonation and other fraudulent activity.
• Posting or sharing explicit images, videos or content.
• Advertising or trading in items prohibited by prevailing law.
• Imitating or sharing activities prohibited by prevailing law.

Hate speech is defined for these purposes as a post, share or comment on a subject that may lead to violence, social disharmony or other negative consequences, using words, images, videos or any other form of expression.

Classification and Monitoring

Contact Points in Nepal

Operators must establish contact points within Nepal. Where no physical presence exists when the Directive commences, operators have three months to establish an office or appoint a contact person.

Contact points identify content contrary to the Directive, and periodically provide public information on the proper use of social media.

Responsibilities of Platform Operators

• Algorithmic oversight. Operators must develop algorithms to prevent the publication of information contrary to prevailing law.
• Swift content removal. Objectionable content must be removed within twenty-four hours of a complaint.
• Privacy maintenance. Operators must maintain the privacy of user details and implement security measures to protect them.
• Educational outreach. Operators must regularly publish educational materials for the benefit of users.

Responsibilities of Users

Users are expected to refrain from activities that may adversely affect national interests or perpetuate discrimination. The prohibitions on cyberbullying, hate speech and illegal activity carry through into a general duty of responsible online citizenship.

The Ministry and Associated Bodies

• The Ministry coordinates the relevant authorities and stakeholders involved in social media management, runs interactive programmes, studies social media trends and implements capacity-building initiatives.
• Associated bodies enhance the skills of personnel involved in grievance handling.
• Designated focal persons submit quarterly reports on grievance handling.
• Education and awareness programmes are encouraged through publishing, websites, conferences, workshops and advertisements, with relevant ministries providing assistance and coordination.

The Social Media Management Unit

Section 13 establishes a dedicated unit under the Ministry to address grievances that platforms or contact points have not resolved.

• The unit registers complaints relating to social media use, and applicants must submit detailed evidence such as screenshots of the objectionable content.
• It advocates for legal frameworks and good practice through institutionalised study, research and dialogue.

Under Section 14, complaints relating to women, children and sexual minorities are given priority, recognising the particular vulnerabilities these groups face online. The Ministry may also issue further guidelines and directives to platform operators, contact points and associated bodies.

Speak to Our Team

If you operate a platform that may fall within the enlistment requirement, or need advice on content takedown, grievance handling or data policies in Nepal, get in touch with Dechen Gurung, Attorney at Law, or Ankita Shrestha. You can also contact the firm directly, or read more about our regulatory and transactional advisory services and our intellectual property practice.

This publication is not intended to be used as a basis for undertaking any significant transactions, financial or otherwise, without consulting appropriate professional advisers.

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