Researcher: Smriti Ranabhat

Editor: Nuva Rai

Data Protection on Peak Negligence

In June, our media monitoring observed a clear gap between digital ambitions and the protection of citizens’ data. The government introduced a feature that allowed people to download their provisional e-NID to improve public service delivery. However, the system contained a serious security flaw. It allowed unauthorized access to personal information with just basic identity details. Following public backlash, the government reinstated the service with improved security, introducing SMS-based One-Time Password (OTP) verification. Afterwards, users can download their e-NID only after verifying an OTP sent to the mobile number registered during national ID enrollment. This incident raises concerns about privacy, cybersecurity and the risk of identity theft. In light of earlier security concerns regarding NID, there remains a risk of rolling out digital services that handle sensitive personal information without adequate security safeguards.

Furthermore, authorities in Siraha seized and destroyed 496 mobile phones during the SEE and Grade 12 examinations by submerging them in water on administrative instruction. The incident raised concerns about legality and property rights as well as privacy and data protection. In the digital age, mobile phones contain sensitive personal information and their destruction without a clear data-handling protocol leaves questions about the security of that data. In this case, the Supreme Court provided an interim order against the confiscation and destruction of students’ mobile phones during examinations. This reaffirms an important principle that digital enforcement must remain lawful, proportionate and respectful of privacy and property rights.

These recurring incidents make clear that stronger data protection laws, robust privacy safeguards and greater respect for fundamental digital rights must accompany Nepal’s digital transformation.

Missing Culture of Informed Consent

The lack of informed consent in Nepal remains one of the greatest digital rights challenges. Consent is often assumed rather than actively sought by public institutions, corporate sectors, private organisations and even educational institutions. Many schools across Nepal continue to post photos and videos of students online without obtaining informed parental consent. Enrollment in a school is often treated as implied permission to collect and share children’s images. It is a broader disregard for informed consent across public institutions and everyday practices. This points to a weak culture of data protection, in which consent is often assumed rather than actively sought. In the age of AI and deepfakes, children’s digital footprints can be easily manipulated or misused. Therefore, educational institutions cannot ignore informed consent and the protection of children’s privacy.

How Government Decisions Are Reshaping the Media Ecosystem of Nepal 

The state of press freedom and media independence in Nepal continues to deteriorate. This month, journalists protested against government policies that discriminate against information and advertising. In April, the government made a decision to withhold public advertisements from private media. Journalists argue that these decisions restrict access to information and erode the constitutional guarantee of press freedom. Such a move by the government has been criticised for threatening the financial sustainability of independent media and weakening their ability to hold those in power accountable. Moreover, Journalist Binod Dhakal was arrested under cybercrime laws over Facebook posts following a complaint filed by the Itahari Mayor. The incident has raised concerns about the use of cybercrime provisions in cases involving freedom of expression and press freedom.

Furthermore, Comedy Durbar, a comedy show in Nepal, was censored after using the word “Speaker” in an episode featuring lawmakers from the Rastriya Swatantra Party.  Censoring satire over ordinary political references narrows the space for free expression and discourages creative work. More than mere entertainment, comedy has long served as a means of questioning power and exposing hypocrisy as well as a weapon against social and political injustices. Restricting it weakens both artistic freedom and public discourse.

Moreover, 44 FM radio stations in Koshi Province including 16 community radio stations closed their operations. This reflects the broader crisis in the Nepali media sector. For many rural and marginalized communities, community radio remains the most trusted and accessible source of information. As these stations disappear, people lose access to diverse and independent voices which will probably widen the digital and information divide. A free and independent press is the foundation of a healthy democracy. To secure press freedom,  the government must adopt fair and transparent media policies, ease the environment for independent journalism and ensure that journalists can work without political or economic pressure.

Growing Digital Threats in Nepal

This month witnessed a rapid rise in cyber crimes and online harms across Nepal. Scammers targeted people through Telegram investment schemes, fake Facebook advertisements, phishing SMS impersonating banks and digital payment services. In one case, an engineer lost more than Rs. 1 million in a Telegram investment scam that began with a simple WhatsApp message promising easy online earnings. In another incident, a fake Facebook advertisement that offered free FIFA World Cup streaming spread malicious apps that stole around Rs. 7.5 million from victims. Likewise, police arrested a man who allegedly posed as an eSewa employee and tricked users into sharing OTPs to steal money from their accounts.  Although the tactics differed, they all relied on the same strategy of earning people’s trust before stealing their money or personal information.

Similarly, several incidents revealed that Nepal is facing broader digital security challenges. Police arrested 15 Bangladeshi nationals for allegedly operating an online blackmail network from Kathmandu and seven Chinese nationals for suspected illegal cryptocurrency trading. These episodes expose the growing presence of cross-border cybercrime. Also, digital threats are no longer limited to financial fraud. Instead, they increasingly target people’s dignity, safety and privacy.

In this context, Nepal Telecom warned users about phishing SMS messages that often impersonate connectIPS, banks, and digital payment services. Nepal needs a coordinated response where digital platforms, financial institutions, telecom companies, law enforcement agencies and policymakers work together to strengthen cybersecurity, improve digital literacy and protect people from both cybercrime and online abuse. 

Technology-Facilitated Gender-Based Violence Against Women in Politics

Digital platforms have been increasingly used to silence and intimidate women in politics. Rastriya Prajatantra Party’s Chief Whip Khushbu Oli reported receiving death threats, rape threats and abusive messages on social media just because she expressed her views in Parliament. She has since filed a complaint with the Cyber Bureau against more than 40 individuals. Similar online attacks have also targeted lawmakers such as Sajida Siddiki, Parbati BK and others who continue to face abuse, sexual harassment and character attacks simply for participating in public and political discourse.

These incidents are not isolated. They reflect a broader pattern of technology-facilitated gender-based violence (TFGBV) where women are targeted not for what they say but for who they are. Instead of engaging with their ideas, perpetrators often resort to misogynistic, caste-based or identity based abuse to silence and intimidate them. Such attacks create self-censorship on women’s political and public participation. Nepal cannot promote greater participation of women in public life while ignoring their protection in digital spaces. TFGBV must be investigated promptly, perpetrators held accountable and women must be allowed to participate in politics without fear of online violence or intimidation

Rise of Misinformation and Disinformation

This month, we witnessed a noticeable rise in AI-generated and manipulated content used to mislead the public and shape political narratives. Fake AI-generated images of Rabi Lamichhane meeting Indian Prime Minister Narendra Modi and portraying him bowing before Modi circulated widely on social media to promote desired political narratives. Similarly, an AI-edited image falsely claimed that Member of Parliament Toshima Karki distributed free condoms at the Rastriya Swatantra Party’s convention. At the same time, former minister and current lawmaker Bablu Gupta shared misleading claims about alleged border encroachment in Siraha, showing that misinformation can also originate from public officials.

These incidents show that misinformation is becoming more sophisticated and increasingly weaponized for political influence, character assassination and public deception. The rapid growth of AI tools has made it easier to create realistic false content, making it harder for people to distinguish fact from fake.  Nepal Advertising Board directed social media platforms to immediately remove misleading and unsubstantiated advertisements, warning that legal action will be taken against violators. To curb misinformation and disinformation, Nepal needs stronger fact-checking mechanisms, greater platform accountability, improved critical digital literacy and clear safeguards against the malicious use of AI-generated content.

Digital Transformation: Lofty Ambitions on Weak Foundations 

Nepal has adopted several digital initiatives that reflect its long-term ambition to strengthen AI, digital infrastructure and public service delivery. The government has proposed a Sovereign AI Compute Centre, expansion of data centers, AI-enabled policing and disaster response.These government aspirations show its growing focus on digitalizing its state infrastructure and technological self-reliance. However, critics argue that government plans and our real status on infrastructure are not going in parallel. Experts argue that digital sovereignty is not merely about storing data within national borders or building domestic infrastructure. It primarily depends on strong cybersecurity standards, independent oversight, public trust and rights-based governance.  

On the other hand, the government is working to make websites more accessible for persons with disabilities and it is marked as an important step toward inclusive digital governance. However, accessibility should be backed by clear policies, consistent implementation and long-term institutional commitment.

Furthermore, UN agencies have committed support to  digital public platforms, including the Citizen App, GIOMS and Hello Sarkar which is a crucial step towards digital development. However, public trust in digital services depends not only on their availability but also on their transparency, respect for rights, and accountability. If adequate legal safeguards are not in place, institutional accountability is lacking and privacy, security and inclusion are not protected, then digitalization may simply magnify existing governance issues rather than resolve them.

Nepal Government’s Encrypted Messaging: Digital Sovereignty or Surveillance?

The government plans to develop its own encrypted messaging platform and it raises important privacy and security concerns. Srengthening digital sovereignty might be a legitimate objective but concentrating control over a communication platform in the hands of the state could create new risks of surveillance. Secure communication relies not only on strong encryption but also on people’s confidence that their private conversations will remain private. As governments take on a role in digital infrastructure, an important question remains: Can citizens truly communicate freely if the same authority operates and regulates the platform? 

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