Researcher: Smriti Ranabhat

Editor: Siddhartha Guvaju

Privacy Violations and Institutional Accountability

Protecting privacy has become increasingly important in the digital age, especially for children, survivors of sexual violence and individuals involved in criminal investigations. The National Child Rights Council directed Manav Sewa Ashram to remove identifiable images of children from social media. The children’s rights  and privacy must be a priority over publicity or fundraising interests. 

The circulation of a three-year-old rape victim’s photo as well as the disclosure of a juvenile suspect’s statement in the same Bara rape and murder case exposed gaps in protecting sensitive personal information during ongoing investigations. Following the incident, police arrested the constable who leaked the video. Similarly,  the Press Council initiated action against media outlets that shared the leaked photos and videos. Also, the government requested media outlets and social media users to protect the identities of survivors of rape and sexual violence. Victim privacy is both a legal and ethical responsibility for safeguarding dignity, preventing further harm and ensuring survivor-centered justice. Publicly sharing identities, images, or sensitive information of victim in the name of justice can retraumatize survivors and violate their fundamental right to privacy. The legal framework also recognizes victim privacy as a protected right. Article 28 of the Constitution guarantees the right to privacy, while the Children’s Act, 2018 and the Journalist Code of Conduct provide additional safeguards against disclosing identifying information of child victims and survivors of violence.

CCTV Surveillance and Police Accountability

The use of surveillance technology has gained attention as a potential tool to strengthen transparency and accountability. A writ petition was filed before the Supreme Court seeking mandatory installation of audio-video CCTV systems and body worn cameras in police offices, detention centres and interrogation rooms with long-term footage retention and recognition of recordings as digital evidence. This measure has the potential to improve transparency, protect detainees from abuse and strengthen accountability during arrests, detention and interrogation. Properly managed recordings could also help in fair investigations and build greater public trust in law enforcement. However, expanding surveillance in investigation must include clear legal safeguards on digital footprints, consent, data access, storage, retention and oversight. Strong accountability mechanisms are essential to ensure that surveillance supports public safety without creating new privacy risks or enabling excessive surveillance.

Digital Governance Reforms and Emerging Regulatory Frameworks 

Nepal has been continuously working towards its digital governance framework through new legislation, policy reforms and the digitization of public services. The proposed National Mass Communication Bill aims to create a unified legal framework for traditional and digital media by addressing the changing media environment, regulation, rights of journalists and platform governance. As the Bill progresses, its implementation will require a careful balance between media accountability and the protection of press freedom.

The government also accelerated public sector digitization through initiatives such as the Industrial Management Information System (IMIS) through which major services are shifted fully online. It has also converted the Department of Information Technology to the Office of Information Technology and E-Governance. The initiatives can improve efficiency, transparency, and access to public services, but they must address accessibility, cybersecurity, and digital divide issues, especially for marginalized communities and geographically disadvantaged groups. At the same time, the draft Integrated Telecommunications Policy, 2026 reflects efforts to strengthen governance. The draft introduces measures to improve telecom cybersecurity, protect customer data and establish a Computer Emergency Response Team (CERT) for coordinated responses to cyber incidents. While these measures can strengthen digital resilience, their implementation must include transparency, accountability and safeguards for fundamental rights.

Balancing Press Freedom and Privacy Protection in Digital Spaces

Privacy protection and press freedom must coexist where protecting one should not come at the cost of the other. The arrest of Kishor Shrestha, editor of Jana Aastha weekly over alleged privacy violations raised important questions about the balance between privacy protection and freedom of expression. The police seizure of newsroom equipment further intensified concerns about the impact of police investigations on journalistic independence and source confidentiality. The case brought up the discourse about the need to balance media freedom and individuals’ right to privacy. While journalists must follow legal and ethical standards, authorities must ensure that investigations do not unnecessarily restrict press freedom or discourage independent reporting.

The Supreme Court ordered the release of journalist Kishor Shrestha, allowing police to continue their investigation without keeping him in custody. The Court’s observation that disputes related to published content should generally be addressed through the Press Council reinforced the role of independent media regulation while recognizing legal accountability.

Flood of Misinformation and Disinformation in the Aftermath of Disaster

The devastating Bhotekoshi River flash floods in Nepal caused widespread destruction across Rasuwa, Nuwakot and surrounding districts, sweeping away settlements, infrastructure and thousands of lives. As of the latest updates, more than 1050 bodies have been recovered while nearly 4,000 people remain missing with rescue and recovery operations continuing. Amid this humanitarian crisis, another challenge of the rapid spread of misinformation and disinformation emerged in the digital space. Social media became a crucial source of updates for affected communities but it has also become a channel for fabricated rescue videos, recycled footage from other countries, manipulated images, fake QR codes and false warnings. The emotional nature of the disaster and the urgent demand for information created conditions where misleading content spread rapidly, causing confusion, panic and additional distress among affected communities.

A viral warning claiming that another major flood was imminent in Rasuwa and Nuwakot circulated widely but was later identified as unofficial and unverified by the Flood Forecasting Division. Similarly, a video claiming to show Home Minister Sudhan Gurung entering the Trishuli-3A tunnel to rescue trapped people was misleading and the footage originally came from Fire Service Uttarakhand Police. In this context, government agencies, the Press Council and fact-checking organizations are responding by monitoring online content, issuing verified updates, correcting false claims and coordinating with platforms such as Meta and TikTok to address harmful content. The government also launched the Rescue Request Portal and is using official digital platforms to share verified information about rescue operations and casualties.

In the aftermath of disaster, generative AI and accessible digital tools are making misinformation more realistic and difficult to detect. To ensure access to accurate, timely and reliable information during crises, Nepal needs to strengthen critical digital literacy, fact-checking capacity and platform accountability.

Online Scams and Financial Frauds in Digital Age

The evolution of digital scams shows how cybercriminals are adapting their tactics to exploit users, trusted platforms and current events. Nepal Police warned users about fraudulent advertisements on social media platforms that misuse the names and logos of popular e-commerce companies. These scams promote task-based earnings or unrealistic investment returns, initially encouraging users to deposit small amounts before demanding further payments. Following Nepal Rastra Bank’s requirement to link National ID information with bank accounts, scammers circulated fake SMS messages and websites claiming that customers’ mobile banking services would be blocked unless they updated their KYC details. Victims were tricked into sharing sensitive information, including PINs, passwords, OTPs and citizenship details. Nepal Police arrested individuals involved in KYC update scams where suspects allegedly impersonated bank representatives and obtained OTPs and screen access from victims.

Furthermore, a Korean returnee lost Rs. 2.781 million after clicking a fraudulent “earn from home” advertisement on Facebook. Similarly, a woman seeking financial assistance through TikTok for her son’s medical treatment was allegedly defrauded of Rs. 3.828 million after scammers used fake assistance documents and contacted her through TikTok and WhatsApp.

Digital scams and online abuse are not limited to ordinary internet users. MP Yashoda Kumari Baral raised concerns in a parliamentary committee about the weak cybersecurity environment and reported the theft of Rs. 21,900 from her eSewa account. When individuals with public visibility and resources face difficulties protecting their digital accounts, ordinary citizens with limited cybersecurity awareness and support may face even greater risks.

The Bhotekoshi floods revealed another dimension of digital fraud of exploitation of humanitarian crises. Fraudsters misused the names of government relief funds and created fake donation campaigns. It directed contributions to personal bank accounts and digital wallets. They also targeted families searching for missing relatives by using publicly available information and emotional distress. The alleged use of AI-generated fake donation receipts further exposed how emerging technologies can make fraudulent activities appear more credible. 

Rising Technology-Facilitated Gender-Based Violence 

The misuse of digital technologies against women and girls has become an increasingly visible digital rights concern. From cyberbullying and online harassment to identity misuse and non-consensual sharing of content, technology-facilitated gender-based violence continues to limit women’s safe participation online. For instance, police prosecuted a man for creating a fake Facebook profile using a woman’s identity and posting obscene content to defame her. In another case, police arrested a school principal for allegedly sending obscene messages to a minor student through Messenger. Similarly, the Cyber Bureau arrested a man accused of befriending a minor girl on Facebook coercing her into sharing explicit content, publishing it online and demanding money. These incidents show how perpetrators exploit gendered power dynamics, breach trust and use emotional manipulation to facilitate abuse in digital spaces. 

Furthermore, women in politics and public life also continued to face persistent digital harassment. According to singer Samiksha Adhikari, she had been subjected to phone-based harassment for around 18 months. She said the perpetrator repeatedly contacted her from hundreds of different phone numbers despite blocking previous numbers.  Similarly, female lawmakers raised concerns over increasing online violence, cyberbullying, harassment and character assassination targeting women. Police recorded 20,526 cybercrime complaints in FY 2025/26, with women and girls disproportionately affected. Facebook/Messenger and TikTok accounted for the highest number of reported incidents.

Government Websites and Data on Vulnerable Status

In August, our media monitoring identified increasing cybersecurity and data protection challenges across public and financial sectors of Nepal. For instance, subdomain of the Gandaki Province government appeared to have been compromised and misused to host unrelated adult site and foreign news style content. Similarly, a recent investigation found that more than 9,000 sensitive login credentials linked to 18 of 20 commercial banks of Nepal, including employee, administrator and customer accounts were exposed in data breaches and on the dark web. The National Cyber Security Center also identified 135 exposed government email addresses under the .gov.np domain. These exposures put sensitive government and financial data at risk through vulnerabilities caused by weak cybersecurity practices, outdated systems, phishing attacks and emerging cyber threats.

There are emerging concerns around personal data protection. The proposed amendment to the Passport Act, which would allow private entities to collect biometric data from Nepali citizens abroad, raises important questions about data security, accountability and oversight. Although the proposal aims to improve access to passport services, Nepal needs clear safeguards for biometric data collection, storage and cross-border transfers, particularly without a comprehensive data protection law. As government services and financial systems move online, cybersecurity and privacy protections must grow alongside digital expansion. A secure digital environment requires strong legal frameworks, institutional accountability and public awareness to protect citizens’ rights.

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