Kathmandu, January 28: Nepal has drafted a social media bill with stringent provisions which includes measures to control spread of fake news and deep fakes.
The social media bill, which was tabled in the National Assembly to regulate the use and operation of social media, proposes severe penalties for individuals involved in spreading misleading or false information through fake IDs or pages on social media.
Under the Section 27 of the proposed law, individuals are prohibited to create or use anonymous or fake profiles on social media- fake IDs, pages, or groups to post or share false information.
"Anyone found guilty of engaging in such actions could face up to three months in prison, a fine of up to 50,000 (Nepali) rupees, or both penalties," according to the subsection 2 of the bill.
Apart from it, the bill also prohibits spread of harmful or deceptive information that could disrupt national sovereignty, territorial integrity, or national interests. Violations under subsection 3 of the bill carry stricter penalties, including imprisonment of up to five years and fines of up to 1.5 million Nepali rupees.
Furthermore, the bill proposes harsh measures against individuals who hold public office or state benefits, to be subjected to 50 per cent more penalties than commoners. In addition to it, additional penalties would be served to those who engage children or minors in such activities. Anyone found guilty of such acts could face an additional one-year prison term.
The bill also proposes three months of imprisonment, a fine of up to Nepali Rupees (NR) 50,000 or both for posting or sharing obscene images, audio, or videos on social media. Similarly, anyone using social media to spread obscene words, images, signals, videos, audio, false or misleading information, or to propagate, distort, or comment on such information will face up to two years in prison, a fine of up to NRs 300,000, or both.
Uploading or spreading deep fake videos using social media, as per the proposed bill will result in up to two years of imprisonment, a fine of up to NRs 300,000, or both. The bill defines deep fake video as contents produced using artificial intelligence to mimic or replace a person's face, voice, or behavior to spread false information, promote obscenity, or damage someone's character.
According to Section 5 of the bill, cases of offenses will be considered under Schedule 1 of the National Criminal Procedure (Code) Act, 2017. The bill also provides for compensation from the offender if any harm is caused due to the offense. However, claims must be filed within three months of awareness of the offense.
The bill also includes provisions for penalties ranging from NRs 2.5 million to Rs 10 million if users fail to disclose their true identity or if authorised individuals do not comply with the stipulated conditions.
The recently introduced bill in the Himalayan Nation with a population of less than 30 million has proposed new regulation requiring companies, firms, or organisations seeking to operate social media platforms to obtain government approval.
The bill has defined social media platforms as "apps, websites, blogs, AI tools, and similar platforms created in cyberspace that allow interaction through electronic means." In case of violation of this clause, the bill proposes penalties ranging from NRs 2.5 million to NRs 10 million for individuals who, after obtaining government approval, allow the use of social media platforms for activities such as promoting anti-national views, defaming individuals, violating personal privacy, or permitting users to hide their real identities.
On the other hand, social media users who fail to comply with legal requirements could face fines of up to NRs 500,000. The bill specifically prohibits the use of offensive words, images, videos, and trolling with the intent to insult or degrade someone's reputation.
It mandates punishment for those engaging in "hate speech" referring to content that incites violence or hatred against individuals, groups, or communities, or disrupts social harmony. "Those involved in spreading false and misleading information, distorting facts, or sharing prohibited content could also face a fine of (Nepali) Rs 500,000 as a penalty," draft of the measure states.
Introducing provisions for cyberstalking, the bill has proposed a penalty of up to three years in prison, a fine of NRs 500,000, or both. The bill has defined cyberstalking as "actions like making false accusations, surveillance, and violating personal privacy using internet technology."
The bill also warns against the hacking of someone's social media ID and information, proposing a penalty of up to three years in prison, a fine of NRs 1.5 million or both. Along with, a penalty of up to three years in prison, a fine of Rs 1.5 million, or both for phishing or imposter scams using social media also has been proposed. Similarly, the bill proposes a penalty of up to three years in prison, a fine of Rs 1.5 million, or both for committing sextortion or extortion through the use of social media.
