How to read this chart:

Mapping laws relevant to online violence Sweeping powers

for the government
Exterior text...

in Nepal
This is a policy mapping and review of laws that
are relevant to online violence within the scope of
digital rights in Nepal, with a focus on gender and
sexuality. Three human rights lenses—Right to
Privacy, Freedom of Expression and Freedom from
Violence—are used to analyze relevant laws. This
document is meant to be a condensed guide for
victims, legal practitioners and activists.
Yellow highlights identify ambiguous words.
Many of these laws have a dual framing: the benefits appear The law doesn’t mention due process such as Problems gathering Each solid box
represents a
Light blue identifies mentions of intent. ...elaborates pitfalls in the laws.
Paradoxical to come with strings attached. While they have aspects that court order or legal aid for person being searched.
Who is suspected (as grounds for a search) is left
evidence bill or law.
victims of online violence can use to seek justice, additional Perpetrators are unlikely to give consent to
framing clauses have the potential to be misused for restricting civil
to the discretion of the Controller. Those in power
can use this law to violate privacy of critics and victims to record communications between
Inside each box
are summarized Where applicable, arrows connect
liberties. This is a recurring theme across most of the laws stifle dissent. them. Where victims are harassed through versions of specific laws and sections to the
online communication, this law may make it pitfalls identified in them.
cited here.
relevant sections.
possible to criminalize the victims
themselves for recording evidence.

Constitution 2015 Electronic Criminal Code 2017 IT Bill 2019 Privacy Act 2018
Transaction Act 2008 Section 122 Section 293 Section 76.1 Section 4.2 Section 16.1 Section 3.2
Restriction in showing private Prohibits listening or Restriction in acquiring Privacy between husband and Prohibits photography without Anyone's privacy shall be Consent loopholes
Section 28.1 parts or acting 'obscenely' or recording of others’ individual's data unless wife inviolable except where consent done to damage inviolable without the consent of
Article 28 Authority can access our devices, necessary if case ongoing person’s character or prestige, or the person concerned, except for The term “character" is a vague and loaded term
talking 'vulgar' in public. conversation without the provided by law.
materials and data if found suspect. between husband and wife. photo manipulation with intent health treatment or relief work. often used to control and question the sexuality of
The privacy of a person, house, property, permission of the competent
authority or consent of to defame, or the publicizing of women and queer persons. This law also provides
document, correspondence, information, or Section 294 Section 76.2
material regarding their character is inviolable Section 38.1 involved persons, unless for Section 12.6 such materials. information pertaining to reproductive health and
Prohibits disclosing private Privacy of conversation Section 6 pregnancy to their husband and family, which can
Authorized official may make

Privacy
except as provided by law. Authority can access our private key if
found threatening the sovereignty or
integrity of the country, to maintain law
and to maintain friendly relations with
Article 27 friendly countries.
Noone will be forced to disclose anything that
is legally mandated to be private Section 47
(people can inquire regarding their own
Publishing or displaying of any materials
personal details or anything of public interest). in electronic media contrary to public
morality is punishable.
Section 47
Article 17 Article 19 Publishing or displaying of
any materials in electronic
No publication and broadcasting or printing of media contrary to public
any news items, articles, editorials or other morality, decent behaviour,
reading materials or audio visual materials shall
to spread hate or jealousy, to
be subjected to censorship. jeopardise social harmony is
information without any statement that is publicly between two or more parties
made. inquiries into issues such as age, Information related to further put them at risk of violence. The law is
permission, including private held through electronic Section 16.3
qualification, character, sexuality, reproductive health and ageist and abelist and does not respect autonomy
information on public figures medium assured unless Prohibits publishing, sharing
disability of any person; pregnancy of every woman shall of individuals to understand their bodies.
unless compelled by law. consent given to record, listen and trading pictures taken
Section 295 concerned person must oblige. be inviolable, except for
or (de)encrypt. without consent, with the underage person and those of
Prohibits photographing or
Section 298 Section 15.2 intention to annoy, distress or "unsound" mind.
disfiguring photographs of a
Obtaining and transferring No person shall make any take any improper advantage,
person outside of a public
any notice, information or comments on the character of or gain profit.
space without their
correspondence restricted
unless authorized.
consent. any person except when law is Ambiguity
required to inquire.
“obscenity” “social harmony”
“vulgar” “public morality”
“decency” “public conduct”
“integrity” “national sovereignity”
Section 121 Section 306 Section 83 Section 88.1 Section 91 Section 15.2 The laws contain terms such as these, which are
Production, sale, publication, Criminalizes defamation through Cyber bullying is defined as Restriction of electronic media Social network sites will be
No person shall make any then left undefined. This ambiguity gives those in
promotion (through electronic any medium, that harms reputation continually harassing, usage that attacks national non-functional/banned in Nepal
comments on the character of power ample space for interpretation when using
medium), purchase, rent, of living or deceased person or hurts teasing, demeaning, sovereignty, integrity, nationality if they are not registered at
any person except when law is these laws against the marginalised, further
display or keeping of obscene feelings of their family/relatives. discouraging, insulting or and brings hatred, mistrust among Department of Information
required to inquire. putting them at risk and curbing dissent. Many of
books and brochures However, exceptions are made for scolding someone. communities. Technology.
promoting immorality, any expression done with evidence, these are also morally loaded terms that promote
eroticism is prohibited. for public good, to caution Section 88.2 moral policing rather than unbiased prosecution of

Freedom of
But restrictions put on expressions undermining punishable concerned person, to criticize those Restriction of electronic media usage crime.
national integrity and social harmony. with authority, or as part of that incites discrimination or is
investigation. against public conduct or morality.

expression Section 293

Prohibits listening or recording
of other's conversation without
the permission of the
competent authority or
consent of involved persons,
unless for any statement that
is publicly made.
Section 294
Prohibits disclosing private
information without permission,
including private information on
public figures unless compelled
by law.
Section 86
Production, collection,
distribution, publication,
exhibition, transmission or
purchase/sale of pornographic
materials is punishable.
Section 87
No one shall use electronic medium
or establish online relation with an
intention of sexually exploitating or
carrying out illegal activities.
Section 92
Arbitrary removal of content on
Proving Intent
social sites by Department of
The Criminal Code and the IT Bill have articles
Information and Technology on that hinge criminality on the intent of the
the basis of vague limitations and
perpetrator. This provides a loophole for
expansive terms such as
perpetrators to get away by claiming the harm
"offensive content".
caused was not their intent. Burden of proof is
also generally placed on victims. The law is
unclear on how to prove intent. It allows
authorities to decide the purpose of certain
actions, leaving space for abuse of power.

Section 46 Section 122 Section 224

Criminalizes destruction,
damage, deletion, alteration or
disruption of information on
any computer source, or
Article 38 intentionally causing any
Criminalization of violence against
Restriction in showing private
parts or acting 'obscenely' or
talking 'vulgar' in public.
Section 295
Act Against Sexual harassment
Sexual harassment is touching or
trying to touch others’ private at workplace Freedom of Expression
parts without consent or due
Domestic Section 83
Section 16.3
intention of rape, or directing Violence, 2009 prevention act, Prohibits publishing, sharing and Right to freedom of expression is curtailed in the
Cyber bullying is defined as trading pictures taken without
another person towards private 2015 name of national security and social harmony.
continually harassing, teasing, consent, with the intention to
space, making them touch their Political satire and voices that oppose power

Freedom
person to carry out such an act. demeaning, discouraging, annoy, distress or take any
women and provision of compensation. Taking or morphing pictures sexual organs, communicating could be restricted. This poses a risk for activism.
insulting or scolding someone. improper advantage, or gain
without consent criminalized. obscene matters verbally, "Domestic Violence" is Section 4.b profit.
Sexual expression is also curbed under the
written or any other form. physical, mental, sexual and Using or displaying obscene or premise of public morality or decency. Asides from
Section 86

from
Article 39 economic harm perpetrated sexual content or expressing direct curbing of rights, loopholes in privacy mean
Section 300 Production, collection,
Section 306 by a person on another with obscene thoughts by speaking, that citizens feel greater surveillance from the
Criminalization of violence against Section 47 Prohibits threats, harassment, distribution, publication, Section 16.1
Criminalizes defamation through whom he/she has a family writing or through body state, and thus are not able to express their
minors and provision of compensation. Publishing or displaying of any improper behavior to harm or Prohibits photography without
relationship. language is form of violence. exhibition, transmission or opinion freely.
any medium, that harms

Violence
materials in electronic media defame others through purchase/sale of pornographic consent done to damage
contrary to public morality, electronic media. reputation of living or deceased
materials is punishable. person’s character or prestige,
Article 21 decent behaviour, to spread hate person or hurts feelings of their
or photo manipulation with
family/relatives. However,
Victims of any crime to have right to or jealousy, to jeopardise social
harmony is punishable Section 305 exceptions are made for any
intent to defame, or the Consent missing
information on their case, and the right to publicizing of such materials.
Criminalizes slander through expression done with evidence,
justice, rehabilitation and compensation. verbal or written form that Consent between and of the individual(s)
for public good, to caution
intends to undermine another concerned person, to criticize involved are not regarded in framing of the
person or their reputation. those with authority, or as part of law and its implementation. It implies (all)
investigation. sexual content to be ‘obscene’ and does
not respect the agency of an individual
over their own bodies and criminalises
sexual expression.

Potential backfire on victims

Many of the laws criminalize sexual expression, labelling
While the IT Bill is a proposed
it obscene or immoral even if created through the
Timeline Criminal Code, 2017 Privacy Act 2018
document, we have included it individual’s choice. By not acknowledging consent, the
laws create a blanket rule that can be misused to punish
Body & Data is a digital rights organization in Nepal here because of its importance
that aims to increase women and queer persons’
Act Against Domestic Violence 2009 Sexual Violence at Workplace Prevention Act 2015 in public discussion on legal victims if their privacy is violated online and their private
Electronic Transaction Act 2008 IT Bill 2019 measures for online violence. expressions exposed. The laws may harm the victim
engagement in digital spaces through suitable Constitution of Nepal 2015
instead of punishing the perpetrator.
strategies for expression, autonomy and agency.

Find the full report on our website: https://bodyanddata.org/ 2005 2010 2015 2020