Overview of Directives for Managing the use of Social Media, 2080 (2023)

B. Required documents

a) For the company/organization with head office in Nepal

b) For the company/organization with head office in other country

IV. Prohibition for social media users 

The Social Media Directives provides for responsibilities on all users of social media platforms in Nepal and outlines a comprehensive list of prohibited behaviours aimed at ensuring ethical, lawful, and respectful online conduct. General prohibitions include:

a) Create an anonymous or disguised identity (fake ID, pages, group);

b) Produce and share content or share other’s content or comment on other’s content or make calls anonymously or with disguised identity (fake ID, page, group);

c) Target any person, community, caste, sex, religion, age, color, class, profession, sect, marital status, family status, physical or mental condition, origin, sexual orientation, language and other groups or category of people protected by law to spread hatred, or share word, audio, visual, picture that harm social harmony and tolerance and to create, publish and broadcast trolls;

d) Encourage child labour, human trafficking, polygamy, child marriage, caste untouchability and other activities prohibited by prevailing laws;

e) Create offensive words, audio visuals, images, trolls with an intention to bully others and use  hateful expressions, defamation, or acts that constitute hate speech; 

f) Perversely modify the photograph of a person by animation, montage and other technology through the use of digital media and publish or broadcast such photograph;

g) Edit, publish and broadcast without permission, the photographs and videos of private matters other than those of a public nature;

h) Publish, broadcast or comment in support of obscene word, photograph, audio, video animation;

i) Encourage content that harms child and promotes prohibited activities including child sexual exploitation, sexual abuse, prostitution;

j) Publish or broadcast false information, misleading information, misinformation, disinformation; and 

k) Commit act that constitutes cyber bullying.

V. Classification of Social Media Platforms

Social Media Directives classify social media platforms based on their user base, as detailed below:

a) Small Social Media Platform: Platforms with fewer than 100,000 users.

b) Large Social Media Platform: Platforms with more than 100,000 users.

VI. Point of Contact

Operators of social media platforms are subject to compliance requirements, including:

• Appoint a designated contact person based in Nepal.
• Establish a grievance handling officer.
• Maintain a content moderation unit for Nepal-specific content.

VII. Social Media Management Unit

The Social Media Management under the Ministry is responsible for monitoring compliance with the Social Media Directives and resolving user grievances related to social media use in Nepal.

VIII. Duties of Social Media Platform Operators

The Social Media Directives outlines responsibilities for operators of social media platforms operating in Nepal, including the following:

1. Algorithmic Control: Operators must develop and implement algorithms capable of detecting and limiting the publication, promotion, or advertisement of content that violates prevailing Nepali laws.
2. Timely Content Removal: Upon receiving a valid grievance or an order from the Social Media Management Unit (SMMU), operators must remove unlawful or objectionable content within 24 hours.
3. Data Privacy and Security: Platforms are required to adopt robust data security measures and ensure the confidentiality of user information.
4. Transparency in Moderation: Operators must align their content moderation policies with international standards, particularly the Santa Clara Principles on transparency, due process, and accountability.
5. Legal and Financial Compliance: All monetary transactions related to the platform’s operations in Nepal must be conducted through recognized banking channels, ensuring financial transparency and regulatory compliance.

IX. Duties of Social Media Users

Social media users in Nepal are also held accountable under the Social Media Directives, with specific responsibilities including:

1. Upholding National Interest: Users are strictly prohibited from publishing, promoting, or interacting with content that undermines Nepal’s sovereignty, territorial integrity, national unity, security, or intergovernmental harmony.
2. Avoiding Hate and Division: Content that promotes religious or communal hatred is strictly forbidden.
3. Indirect Engagements Also Restricted: Not only is publishing prohibited, but so is liking, sharing, commenting, tagging, live-streaming, reposting, subscribing to, or mentioning any content that is classified as illegal under the Social Media Directives.