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Official Review of Nepal’s Social Media Bill 2081: Upholding Freedom of Expression in the Digital Age
This review assesses the bill’s alignment with international human rights standards, including the principles outlined in , and provides actionable recommendations to ensure the legislation upholds freedom of expression, access to information, and digital rights.
Nepal’s democratic transition, anchored in the 2015 Constitution, enshrines fundamental rights such as freedom of expression, access to information, and privacy. The Constitution empowers all levels of government to regulate media, with provincial governments holding concurrent authority over matters related to mass communication. Nepal’s commitment to international human rights is further reinforced through its ratification of treaties like the International Covenant on Civil and Political Rights (ICCPR), obligating the nation to uphold global standards for free expression and media regulation.
During the discussions, Hon. Tulasha Kumari Dahal, Chair of the Legislation Committee under the National Assembly, emphasized the committee’s commitment to a clause-wise review of the bill to identify and address any shortcomings. She clarified that the bill is not intended to control or suppress freedom of expression (FoE) but to regulate social media responsibly. “We thoroughly discuss every point with experts, lawmakers, concerned bodies, and the ministry before finalizing the bill to pass it from the House,” she stated. Hon. Dahal also highlighted the importance of international experiences shared during the workshop, which she believed would greatly assist in refining the legislation.
The review was undertaken by Dr. Joan Barata Mir, Senior Consultant for UNESCO, who provided a legal analysis based on international human rights principles. The review highlights the importance of ensuring the bill reflects Nepal’s constitutional values and international commitments while addressing the unique challenges of governing digital platforms in a rapidly evolving digital landscape. Key recommendations focus on fostering transparency, accountability, and a multistakeholder approach to digital governance, ensuring that freedom of expression and access to information remain at the core of Nepal’s regulatory framework.
The findings of the review were presented and discussed during a workshop held on March 5 and 6, 2025, in Kathmandu, bringing together more than 35 Members of Parliament (MPs) from the National Assembly and House of Representatives of the Federal Parliament. The workshop fostered participatory and inclusive discussions, enabling lawmakers to engage with the recommendations and explore ways to align the bill with international standards while addressing Nepal’s specific needs.
Hon. Ammar Bahadur Thapa, Chair of the Education and Health Committee of the House of Representatives, stressed the need to curb the misuse of technology, such as morphing images of animals and humans, while protecting citizens’ rights. He emphasized the importance of including provisions for the immediate removal of harmful content and reiterated that lawmaking should serve the country and its people, not individuals. “Our committee pays adequate attention to making laws for the country and people, not for any individual,” he affirmed. Mr. Thapa also underscored the importance of bipartisan collaboration, stating, “Lawmaking should have both the ruling and opposition onboard.”
This initiative builds on UNESCO’s ongoing collaboration with the Federal Parliament of Nepal to strengthen the legal environment for media and digital platforms.
Workshops held in February/March and September 2024 laid the groundwork for these efforts, engaging MPs and stakeholders in discussions on media-related legislation and digital platform governance.
Hon. Bimala Subedi, Chair of the Law, Justice, and Human Rights Committee at House of Representative pledged to review the bill considering the Constitution and international human rights instruments and principles. She described the two-day discussion as highly fruitful and expressed her gratitude to UNESCO for facilitating the event. “We will discuss the bill thoroughly in the parliament,” she assured, adding that the insights gained from the workshop would guide the legislative process.
By publishing this official review, UNESCO reaffirms its commitment to supporting Nepal in this critical legislative process, reinforcing the country’s democratic foundations and promoting a resilient and enabling environment for media and freedom of expression. The review serves as a valuable resource for policymakers, civil society, and stakeholders, contributing to a global dialogue on digital governance and positioning Nepal as a leader in upholding democratic principles and human rights in the digital age.
This initiative is led by Ms Ana Cristina Ruelas, Senior Programme officer, UNESCO HQ and Ms. Nirjana Sharma, Programme Officer at UNESCO Nepal.
