Navigating online media and controlling cybercrime & defamation in Nepal: A comparative perspective

Abstract

Nepal's legislative frameworks are outdated in addressing the challenges posed by the rapid growth of digital media, including social networking and AI-generated content. This inadequacy hampers the nation's ability to combat cybercrime, defamation, and ensure accountability of digital platforms. A comparative analysis with international standards from the US, India, and the EU uncovers notable deficiencies. Key findings indicate that criminal defamation laws obstruct free expression without effectively deterring online harassment, and cybercrimes such as financial scams and deepfake propaganda proliferate due to a lack of targeted legislation. Additionally, inconsistencies are noted between Nepal's Press Council Act (1992) and Electronic Transactions Act (ETA, 2006) in regulating digital content, unlike the more effective measures implemented in the EU and India.

The article highlights that Nepal's laws are insufficient for managing data jurisdiction and protecting victims, particularly regarding AI-generated content. It suggests reforms to balance press freedom with accountability, including a tiered regulatory model, the creation of cyber tribunals, and aligning defamation standards with the "actual malice" doctrine. Furthermore, it situates these challenges within South Asia's socio-legal context and calls for urgent updates to media legislation.