In today’s digital era, online platforms have created new spaces for communication, self-expression, and connection. However, alongside this growth, significant concerns arise regarding privacy, freedom of expression, and individual rights—particularly in Nepal, where cultural conservatism heavily shapes societal norms and legal frameworks. The clash between traditional values and digital freedoms has made the online space a contested arena, raising questions about how well existing laws are equipped to protect privacy and whether online spaces are as safeguarded as offline ones.
Globally, the right to privacy is upheld as a fundamental human right, as established in documents like the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). Despite these protections, privacy breaches, such as unlawful surveillance or spyware attacks, continue to erode individuals’ rights to express themselves and engage freely online. In Nepal, laws like the Electronic Transaction Act (ETA) 2006 and Privacy Act 2018 are intended to protect privacy. However, their vague language and ambiguous terms—especially around “public morality”—often result in the criminalization of private, consensual online activities.
As digital technologies evolve, they present both opportunities and risks for privacy. New tools—such as encryption software, social media platforms, and cloud storage—give users more control over their data, but they also increase the potential for breaches. The introduction of technologies like deepfakes (AI-generated synthetic media that falsify images or videos) poses a new, severe threat to privacy. Victims of deepfakes may find their faces superimposed on sexually explicit content without their consent, resulting in devastating emotional and social consequences. A notable example occurred in India, where several women found their faces manipulated onto inappropriate videos, sparking outrage but with limited legal recourse under current privacy laws.
The digital space offers people the ability to express their identity and sexuality in ways that are often restricted offline. Online sexual expression can range from sharing intimate photos, dance videos, or skits on social media to using dating apps to find partners. While these activities are increasingly common, they are also subject to intense legal scrutiny. The online world has become a contested arena because it allows freedom of expression while simultaneously exposing users to risks of exploitation, such as privacy violations, harassment, or legal action. The vague wording in Nepal’s ETA allows authorities to crack down on such activities under the guise of protecting “public morality,” despite these actions being consensual and private.
Another issue compounding privacy concerns is the rampant spread of misinformation and disinformation on social media. Misleading content, combined with the rise of deepfakes, undermines trust and leaves individuals vulnerable to manipulation. Deepfakes, in particular, have emerged as a severe threat to privacy, enabling the creation of fabricated media that is almost indistinguishable from reality. For example, in a 2020 incident in South Korea, a woman sued after discovering that her face had been used in a pornographic deepfake video. Such violations not only breach privacy but also disrupt other fundamental rights like dignity and safety.
The criminalization of consensual online sexual expression and the misuse of privacy laws can lead to self-censorship, as individuals may refrain from expressing themselves for fear of legal repercussions. This has a chilling effect on freedom of expression, an essential human right. Weak privacy laws, combined with the threat of surveillance, contribute to this climate of fear, limiting open communication and engagement online.
There is a growing need for clearer legal definitions that explicitly protect consensual online activities while punishing non-consensual actions like revenge porn and deep fakes. Nepal can learn from international examples where privacy laws have been updated to address the challenges of the digital age. For instance, the European Union’s General Data Protection Regulation (GDPR) has set a global standard for safeguarding personal data and privacy rights. Human rights organizations like Privacy International also recommend implementing stronger oversight mechanisms to ensure that laws are used fairly and are not weaponized to suppress individual freedoms.
To protect privacy and freedom of expression in the digital age, Nepal must reform its outdated laws. The focus should shift from criminalizing private, consensual behavior to addressing non-consensual privacy violations. At the same time, stronger protections are needed to guard against new threats, such as deepfakes and disinformation. By aligning its laws with international human rights standards and incorporating lessons from other countries, Nepal can create a more equitable and secure digital environment for all.