Nepal's electronic transactions law continues to be misused to stifle free speech
Summary
The Electronic Transactions Act in Nepal is frequently used to suppress freedom of expression, with many arrested and detained for online political commentary and criticism, despite limited evidence of actual harm.
Key Points
- Nepal's Electronic Transactions Act, particularly Section 47, has been widely used to stifle free speech and target critics of political leaders and institutions.
- From 2013 to 2023, Kathmandu District Court handled over 700 cybercrime cases, with 70 involving freedom of expression; 60% of those cases resulted in convictions.
- Many defendants, including minors and mentally ill individuals, faced detention and fines for online posts, often initiated by state bodies rather than individual complainants.
- The ambiguous language of Section 47, originating from a royal ordinance in 2005, allows subjective judicial interpretation, leading to inconsistent verdicts and misuse of the law.
