I. Introduction
The Social Media Bill, 2081 (2025) (“Social Media Bill”) is a proposed legislation introduced by the Government of Nepal to regulate digital platforms such as Facebook, TikTok, YouTube, and X (formerly Twitter). Tabled in the National Assembly in early 2025, the bill seeks to require social media platforms to register in Nepal, appoint legal representatives, and promptly remove content deemed harmful or illegal by the authorities.
As of mid-2025, the bill remains under parliamentary review and has not yet been passed into law.
II. Definition of Social Media and Platform
The Social Media Bill defines the terms “Social media” and “Platform” under Section 2, as detailed below:
Social media refers to any system that enables interactive communication or dissemination of content between and among individuals, groups, or institutions in accordance with the facilities and processes made available through electronic technologies and devices, including computers, computer networks, and the internet.
Platform means an application, website, blog, AI tools, or other similar publicly accessible social media platform created in cyberspace through electronic technology, designed to enable interaction or exchange of thoughts or information among internet users, including between individuals, between individuals and groups or institutions, or between groups and institutions.
III. Licensing and Registration of Social Media Platforms
A company, firm, or institution intending to operate social media platforms in Nepal must obtain a license from the Department of Information Technology. This obligation applies equally to platforms operated from outside Nepal that serve users within the country.
Application Requirements
Applicants must submit an application, via its representative or online medium, in the prescribed format along with the following documents:
| S.N. | Required Documents |
| 1. | Copy of registration certificate of the company, firm, or institution |
| 2. | Copy of Memorandum and Articles of Association (if applicable) |
| 3. | Copy of PAN certificate |
| 4. | Shareholder information |
| 5. | Details of foreign investment (if applicable) |
| 6. | Updated company records |
| 7. | Details of board of directors or governing body |
| 8. | Board resolution approving the license application |
| 9. | Authority letter for application submission |
| 10. | Citizenship or passport copy of authorized representative |
| 11. | Privacy policy, data use and security policies of the platform |
| 12. | User content moderation standards applied by the platform |
| 13. | Identity documents of local representative (for foreign platforms) |
| 14. | Any other documents as specified by the Department of Information Technology |
Note: Social media platforms enlisted with the Ministry of Communication and Information Technology prior to the enactment of the law must reapply within 6 months of this law coming into effect.
IV. Validity, Renewal, and Cancellation of Licenses
A. Validity and Renewal
A platform operation license will remain valid for a period of 2 years. To ensure continuity of operation, the license holder must submit a renewal application at least 15 days prior to the expiration date. The renewal application must be submitted in the prescribed format and be accompanied by relevant documentation, as listed below:
| S.N. | Required Documents for Renewal |
| 1. | Report on security mechanisms used in the platform |
| 2. | Summary of complaints and resolution from the past fiscal year |
| 3. | Details of corporate social responsibility initiatives |
| 4. | Tax clearance certificate |
| 5. | Annual report of major activities conducted via the platform |
Note: Failure to renew within time will result in automatic revocation of the license.
B. Grounds for Cancellation
The license granted to a social media platform may be subject to cancellation on several specific grounds as outlined below:
| S.N. | Grounds for License Cancellation |
| 1. | Spreading content that disrupts national unity or sovereignty |
| 2. | Breach of licensing conditions or submission of false information |
| 3. | Failure to appoint a contact point within Nepal (for foreign platforms) |
| 4. | Absence of a complaint resolution mechanism |
| 5. | Non-compliance with official instructions |
License holders will be given 15 days to justify why the license should not be revoked. If unsatisfactory, a cancellation order will be issued, with a right to appeal to the Ministry of Communication and Information Technology within 35 days.
V. Prohibition on Unlicensed Operation
Any platform operating without a license, or after license revocation, will be barred from operating in Nepal. The Department of Communication and Information Technology will instruct the Nepal Telecommunications Authority to direct internet service providers to block access.
VI. Appointment of Local Contact Point
Foreign platforms must designate a Nepal-based contact point within 3 months of the law’s commencement. This entity will be responsible for grievance handling and official correspondence.
VII. Grievance Redressal Mechanism
In order to ensure accountability and responsiveness, the Social Media Bill requires all licensed platforms to establish a comprehensive grievance redressal mechanism. The platform operator must establish a rapid response team, maintain a 24/7 complaint handling officer, monitor adherence to self-regulation standards, and publicly disclose changes in contact persons or complaint officers.
VIII. Obligations of Social Media Users
Social media users are required to abstain from the following acts:
| S.N. | Prohibited User Conduct |
| 1. | Using abusive, defamatory, or hateful speech |
| 2. | Disseminating false, misleading, or distorted information |
| 3. | Advertising or engaging in activities prohibited by law |
| 4. | Sharing or copying illegal content |
| 5. | Promoting superstition or content harmful to public health |
Note: Violation may result in penalties of up to NPR 500,000.
IX. Compliance Obligations of Licensed Platforms
To maintain compliance with the law and foster a safe digital environment, licensed platforms are subject to a set of operational obligations.
| S.N. | Obligations of Platforms |
| 1. | Prevent dissemination of harmful, hateful, or illegal content |
| 2. | Protect user data and privacy, except as required by law |
| 3. | Raise awareness on digital safety and media literacy |
| 4. | Ensure identity verification of users (no anonymous use) |
| 5. | Establish banking-based payment systems for transactions |
| 6. | Cooperate with investigations by providing user data |
Note: Non-compliance may attract fines ranging from NPR 2.5 million to NPR 10 million.
X. Regulatory and Enforcement Authorities
The following bodies will function as relevant authorities for the implementation purpose:
| S.N. | Relevant Authorities |
| 1. | Nepal Police |
| 2. | Nepal Telecommunications Authority |
| 3. | Press Council Nepal |
| 4. | Department of Information and Broadcasting |
| 5. | Advertisement Board |
| 6. | Other agencies designated by the Government |
XI. Offense and Penalties
| S.N. | Description | Penalties |
| 1. | Operating without obtaining social media platform license, even after stop oder | Fine up to NPR 2,500,000 |
| 2 | Use of insulting, abusive, trolling, or hate speech content intended to harm someone’s reputation through posts, comments, tags, likes, livestreams, etc. | Fine up to NPR 500,000 |
| 3 | Activities that threaten national integrity or incite hatred based on protected characteristics. | Up to 5 years in prison or a fine of NPR 500,000, or both |
| 4 | Repeated online posts or messages intended to harass or harm. | Up to 2 years in prison or a fine of NPR 300,000, or both |
| 5 | Repeated, unwanted digital attention causing fear or distress. | Up to 3 years in prison or a fine of NPR 500,000, or both |
| 6 | Unauthorized access to someone’s account or personal data, or impersonation and phishing scams. | Up to 3 years in prison or a fine of NPR 1.5 million, or both |
| 7 | Use of social media for coercion, blackmail, or demanding money or favors. | Up to 3 years in prison or a fine of NPR 1.5 million, or both |
| 8 | Uploading or sharing obscene audio, images, or videos. | Up to 3 months in prison or a fine of NPR 50,000, or both |
| 9 | Creation or distribution of deepfake content. | Up to 2 years in prison or a fine of NPR 300,000, or both |
| 10 | Circulating false, misleading, or obscene content. | As per offense |
| 11 | Creating or using accounts under false or hidden identities. | Up to 3 months in prison or a fine of NPR 50,000, or both |
| 12 | Creation of fake pages/accounts to mislead or harm national security. | Up to 5 years in prison or a fine of NPR 1.5 million, or both |
| 13 | Repeat offenders face double penalties. Public officials or those benefiting from public funds face 50% increased penalties. Using children results in an extra 1-year prison term. | Depends on the offense |
Disclaimer: This article is for general informational purposes only and does not constitute legal advice, advertisement, personal communication, solicitation or inducement. No attorney-client relationship is created through this content. Gandhi & Associates assumes no liability for any consequences resulting from actions taken based on information contained herein.
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