Understanding Nepal's New Cyber Crime Law: What Journalists Need to Know

Nepal's Electronic Transactions Act (ETA) and subsequent cyber crime amendments have created both protections and perils for digital journalists. While intended to combat online fraud and hate speech, certain provisions have been used to intimidate reporters, shut down critical voices, and create a chilling effect on digital media.

Key provisions affecting journalists: Section 47 criminalizes the publication of "false" information that might disturb public order — a vaguely worded clause that authorities have used to arrest journalists for fact-based reporting that embarrassed officials. Section 48 allows for website blocking without court orders, leading to arbitrary censorship during political crises.

The Supreme Court has struck down some provisions as unconstitutional, but enforcement remains uneven. In 2024 alone, NPCN documented 23 cases where cyber crime laws were used against journalists — including three arrests for reporting on corruption scandals.

What journalists can do: First, know your rights. The constitution guarantees press freedom. Any legal threat should be immediately reported to NPCN, which maintains a panel of media lawyers available for pro-bono consultations. Second, maintain meticulous documentation of all sources and fact-checking processes. Third, use encrypted communication tools when discussing sensitive stories.

NPCN offers regular workshops on cyber law compliance, digital security, and risk assessment. We've also published a free handbook, "Digital Journalism and the Law," available for download on our website.

We're also advocating for legislative reform: clearer definitions of criminal speech, judicial oversight for website blocking orders, and protection for journalists acting in the public interest. Our legal committee meets monthly with parliamentarians to push these reforms forward.

Press freedom isn't just about what you can publish — it's about what you can publish without fear. NPCN is committed to ensuring Nepali journalists have both.