NEPAL
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Nepal has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
NEPAL
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Nepal has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
NEPAL
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Nepal has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
NEPAL
Since January 1997
Since 2012, last amended in 2016
Since 2012, last amended in 2016
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Telecommunications Act, 2053 (1997) (दूरसञ्चार ऐन, २०५३)
Decision No. 3,327 on Type Approval Working Procedure for Customer Premises Radio Telecommunication Equipment, 2016 (TAP-04)
Decision No. 3,327 on Type Approval Working Procedure for Customer Premises Radio Telecommunication Equipment, 2016 (TAP-04)
Nepal allows foreign companies to self-certify that they comply with standards for radio transmission, electromagnetic interference (EMI) or electromagnetic compatibility (EMC) through a Supplier Declaration of Conformity (SDoC).
According to Arts. 13-14 of the Telecommunications Act, 2053, the Nepal Telecommunications Authority (NTA) oversees type approval in Nepal, and compliance with these regulations is mandatory before importing or selling any radio telecommunication Customer Premises Equipment (CPEs) in the country.
Decision No. 3,327 provides further information about the procedure.
According to Arts. 13-14 of the Telecommunications Act, 2053, the Nepal Telecommunications Authority (NTA) oversees type approval in Nepal, and compliance with these regulations is mandatory before importing or selling any radio telecommunication Customer Premises Equipment (CPEs) in the country.
Decision No. 3,327 provides further information about the procedure.
Coverage Telecom equipment
Sources
NEPAL
Since June 1995, as amended in March 2022
Pillar Domestic data policies |
Indicator Minimum period for data retention
National Broadcasting Regulation, 2052 (राष्ट्रिय प्रसारण नियमावली, २०५२)
Rule 8 of the National Broadcasting Regulation stipulates that over-the-top (OTT) service providers are required to maintain a record of the programmes they transmit for a minimum duration of 60 days. In addition, these records must be made accessible to the Ministry of Communications and Information Technology, as well as other governmental authorities, for the purpose of investigations. The term "OTT" is defined as the broadcasting of content on demand via the internet, encompassing media streaming services delivered through various platforms utilising internet connectivity.
Coverage Over-the-Top service providers
NEPAL
Since December 2006
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Electronic Transactions Act, 2063 (2008) (विद्युतीय (इलेक्ट्रोनिक) कारोबार ऐन, २०६३)
The Electronic Transactions Act establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 43, network service providers are not subject to criminal or civil liability arising from third-party content. The only exception is if the network service provider publishes the content fully aware that it contravenes the law.
Coverage Network service providers
NEPAL
Since December 2006
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Transactions Act, 2063 (2008) (विद्युतीय (इलेक्ट्रोनिक) कारोबार ऐन, २०६३)
The Electronic Transactions Act establishes a safe harbour regime beyond intermediaries for copyright infringements. According to Art. 43 of the Act, network service providers are not subject to criminal or civil liability arising from third-party content. The only exception is if the network service provider publishes the content fully aware that it contravenes the law.
Coverage Network service providers
NEPAL
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Indicator User identity requirement
Mandatory SIM card registration
It is reported that Nepal imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector
Sources
- https://www.comparitech.com/blog/vpn-privacy/sim-card-registration-laws/#Type_of_ID_required_by_country
- https://web.archive.org/web/20230123124352/https://www.gsma.com/mobilefordevelopment/wp-content/uploads/2021/04/Digital-Identity-Access-to-Mobile-Services-and-Proof-of-Identity-2021_SPREADs.pdf
- https://web.archive.org/web/20231129075451/https://toomanyadapters.com/buying-sim-card-nepal/
- Show more...
NEPAL
Since November 2023
Pillar Intermediary liability |
Indicator Monitoring requirement
Directives on the Operation of Social Networking, 2023 (सामाजिक सञ्जालको प्रयोगलाई व्यवस्थित गर्ने निर्देशिका, २०८०)
Pursuant to Arts. 6 and 7 of the "Directives on the Operation of Social Networking 2023", operators of social network platforms (SNPs) are required to establish a point of contact within Nepal to handle grievances related to platform usage. This designated contact must identify and address content disseminated on social networks that violate the law. Additionally, under Art. 8, SNPs must develop algorithms and implement measures to prevent the dissemination of information that contradicts prevailing laws. According to Art. 3.7, the Ministry of Communications and Information Technology may ban any SNP from operating in Nepal if it does not comply with these requirements.
Art. 2 of the Directive defines SNPs as Internet or information technology-based operating systems available to the public, such as Facebook, TikTok, Viber, Pinterest, WhatsApp, Messenger, Instagram, YouTube, LinkedIn, WeChat, and others, that allow individuals or organisations to exchange ideas or information with each other or to disseminate user-created content.
Art. 2 of the Directive defines SNPs as Internet or information technology-based operating systems available to the public, such as Facebook, TikTok, Viber, Pinterest, WhatsApp, Messenger, Instagram, YouTube, LinkedIn, WeChat, and others, that allow individuals or organisations to exchange ideas or information with each other or to disseminate user-created content.
Coverage Social network platforms
NEPAL
Reported in 2023
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Ban on TikTok
It is reported that in November 2023, the Nepali government banned TikTok to protect “social harmony”, in response to public concerns that TikTok encourages hate speech. This decision followed the "Directives on the Operation of Social Networking 2023", issued days earlier, that tightened content regulation across all social media platforms.
Coverage Tiktok
NEPAL
Reported in 2024
Pillar Content access |
Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Nepal for the year 2023. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal
NEPAL
Since March 2017
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Online Media Operation Directive, 2073 (अनलाइन सञ्चारमाध्यम सञ्चालन निर्देशिका, २०७३)
According to Section 3 of the Online Media Operation Directive, online news companies are required to be registered with the Department of Information and Broadcasting to operate.
Coverage Online news
NEPAL
Since June 1995, as amended in March 2022
Pillar Content access |
Indicator Licensing schemes for digital services and applications
National Broadcasting Regulation, 2052 (राष्ट्रिय प्रसारण नियमावली, २०५२)
The National Broadcasting Regulation was amended in 2022 to incorporate over-the-top (OTT) services and internet television within the definition of "other means of communications." With this inclusion, the amended Regulation mandates that OTT and internet television providers obtain licences to operate their services in Nepal. The term "OTT" is defined as the broadcasting of content on demand via the internet, encompassing media streaming services delivered through various platforms utilising internet connectivity. In addition, "internet television" is defined as the routine transmission of self-produced audio-visual programmes through the internet.
Coverage Over-the-top and internet television providers
Sources
- https://doib.gov.np/content/8867/8867-national-broadcasting-elevent/
- https://web.archive.org/web/20241210181618/https://english.onlinekhabar.com/amendment-national-broadcasting-rules.html
- https://web.archive.org/web/20241210161707/https://pradhanlaw.com/publications/amendment-to-the-national-broadcasting-rules-2052-1995-ad
- Show more...
NEPAL
Since November 2023
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Directives on the Operation of Social Networking, 2023 (सामाजिक सञ्जालको प्रयोगलाई व्यवस्थित गर्ने निर्देशिका, २०८०)
The Nepali government has mandated that social network platforms (SNPs) such as Facebook, TikTok, and YouTube must register and establish offices in Nepal. According to Art. 3.4 of the "Directives on the Operation of Social Networking 2023," any person, company, or institution intending to operate as an SNP must submit an application to the Ministry of Communications and Information Technology for enlistment using the form referenced in Schedule 1, along with the required documents. Additionally, SNPs already in operation prior to the commencement of these Directives must be enlisted with the Ministry within three months from the date of their commencement. According to Art. 3.7 the Ministry may prohibit any SNP from operating within Nepal if it is not enlisted with the Ministry and fails to comply with these requirements.
Art. 2 of the Directive defines SNPs as Internet or information technology-based operating systems available to the public, such as Facebook, TikTok, Viber, Pinterest, WhatsApp, Messenger, Instagram, YouTube, LinkedIn, WeChat, and others, that facilitate the exchange of ideas or information among individuals or organisations and enable the dissemination of user-generated content.
Art. 2 of the Directive defines SNPs as Internet or information technology-based operating systems available to the public, such as Facebook, TikTok, Viber, Pinterest, WhatsApp, Messenger, Instagram, YouTube, LinkedIn, WeChat, and others, that facilitate the exchange of ideas or information among individuals or organisations and enable the dissemination of user-generated content.
Coverage Social network platforms
NEPAL
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Nepal has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
