Social media has brought people closer, made communication easier and become a platform for the exercise of free speech. However, it has also become a hotbed for hate speech and false and malicious content. With time, many online outlets began disseminating more fake news and mis/disinformation than genuine news. Thus successive governments have tried to regulate these mediums to ‘safeguard the society’. Now, Minister for Communication and Information Technology Prithvi Subba Gurung is at it. Arguing that it is already too late to regulate online media in Nepal, he had been pushing Prime Minister KP Sharma Oli to enact the controversial Social Media Bill-2025 through an ordinance. Following the premier’s go-ahead, Gurung registered the bill in the National Assembly on Tuesday.

Yet this bill has sparked intense debate among social media users, stakeholders, journalists and experts as, in the name of regulation, it infringes on the fundamental right of free speech. The ruling party leaders appear minded to weaponise laws to suppress criticism of any kind against the government. The bill was introduced without consulting experts and other stakeholders.

The most problematic provision of the bill is Clause 18, which states that “any individual who posts or shares content on social media that disturbs the sovereignty, geographical integrity, national unity and security of Nepal will be imprisoned for up to five years or fined up to Rs500,000, or both”. If passed as a law, the government could use this provision not only to control anti-government views but also to target media outlets that expose corruption and misgovernance. Moreover, people will self-censor out of fear of being persecuted.

Digital rights activists point out the many ambiguities in the bill. For example, while it mentions terms like ‘false propaganda’ and ‘misleading content’, these are vaguely defined. Concomitantly, the definition of social media is also so vague and open-ended that authorities could exploit such ambiguities for their own benefit. Further, the bill also authorises the Department of Information Technology to oversee social media registration, user compliance and content removal, providing plenty of room for its abuse.

Nepal is thus moving towards ‘controlling’ social media more than regulating it. This imperils the country’s image in South Asia as the ‘freest’ in terms of providing a voice to its citizens regardless of their political and social background. Our lawmakers should take a cue from experts and media watchdogs before following in Bangladesh’s footsteps, where the draconian digital laws introduced in 2018 suppressed press freedom and free speech. The pent up anger eventually exploded, resulting in the ouster of Sheikh Hasina late last year.

Criticism of government leaders through online posts, cartoons, or opinion is a fundamental democratic right—not a criminal offence. Democracy cannot thrive without check and balance on government actions and policies. The ruling parties should also realise that much of the criticism expressed online is justified and, as such, look to improve their own performance rather than trying to gag the critics.

There can be no ifs and buts about this: The ruling coalition must revise the bill in line with international human rights principles and through the broadest possible consultations—in and outside the Parliament. Only a law arrived through this democratic route can be justified, especially when it comes to playing with people’s most fundamental right.