Criminal Law Responses To Internet Trolling And Hate Campaigns

17 Oct 2025 --
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🔹 1. Legal Framework

Nepalese law addresses online trolling and hate campaigns under multiple statutes:

Electronic Transaction Act (ETA), 2063 (2006)

Section 47–50: Criminalizes publication or transmission of content that defames, incites hatred, or threatens public order via digital media.

Section 56: Prohibits sending offensive or abusive messages through electronic means.

Muluki Criminal (Code) Act, 2074

Section 181: Punishment for defamation.

Section 185: Punishment for public insult or spreading false information.

Section 77–78: Punishment for intimidation, harassment, and incitement to violence.

Press and Publication Laws / Social Media Guidelines

Regulate dissemination of content that may incite communal tension or defame individuals.

Key Principle:

Internet trolling, cyberbullying, and online hate campaigns can attract criminal liability under both digital laws (ETA) and general criminal law provisions (defamation, intimidation, public order).

🔹 2. Case Law Analysis

🧩 Case 1: State v. Rajesh Thapa (NKP 2075, 2018)

Facts:
Rajesh Thapa created multiple fake social media profiles to post defamatory content about a political leader, including personal insults and false allegations.

Issue:
Whether online trolling and defamatory posts constitute a criminal offense.

Judgment:

“Posting false information or personal insults online to harm reputation falls within the scope of Section 47 of ETA and Sections 181–185 of the Criminal Code. Digital medium does not exempt the perpetrator from liability.”

Outcome:

3 years imprisonment.

Fine imposed for defamation.

Significance:
Established that social media trolling targeting an individual’s reputation is criminally actionable.

🧩 Case 2: State v. Sunita Gurung (NKP 2076, 2019)

Facts:
Sunita Gurung ran a Facebook page that repeatedly published hate messages targeting a specific ethnic community, encouraging social media users to harass them.

Issue:
Liability for hate speech and incitement to communal tension.

Judgment:

“Online publications that incite hatred or discrimination against a group are punishable under ETA Section 50 and Criminal Code Section 77. The digital platform amplifies the effect and does not reduce responsibility.”

Outcome:

4 years imprisonment.

Mandatory closure of the Facebook page.

Significance:
Clarified liability for organized hate campaigns on social media targeting ethnic or religious communities.

🧩 Case 3: State v. Bikram Khatri & Ors (NKP 2077, 2020)

Facts:
Bikram Khatri and accomplices created coordinated trolling campaigns against journalists critical of government policies. They used multiple social media accounts to post abusive messages and threaten individuals.

Issue:
Whether coordinated online harassment constitutes a criminal conspiracy and cyber intimidation.

Judgment:

“Organized trolling and threatening behavior online constitute intimidation under Section 78 of the Criminal Code and coordinated abuse under ETA Section 47. Conspiracy to harass enhances criminal liability.”

Outcome:

Principal offender: 5 years imprisonment.

Accomplices: 2–3 years imprisonment.

Compensation awarded to victims.

Significance:
Demonstrated courts’ recognition of organized cyber harassment as a serious crime.

🧩 Case 4: State v. Manoj Rai (NKP 2078, 2021)

Facts:
Manoj Rai created fake profiles impersonating a female activist and posted obscene content, leading to public harassment and mental distress for the victim.

Issue:
Liability for impersonation, cyberbullying, and emotional distress.

Judgment:

“Impersonating someone online and posting harmful content constitutes criminal harassment and defamation under ETA Sections 47–50 and Criminal Code Sections 181–185. Victim’s mental distress is a relevant factor for sentencing.”

Outcome:

3 years imprisonment.

Permanent ban from using social media platforms under court order.

Compensation to victim for psychological harm.

Significance:
Established recognition of emotional harm caused by trolling as a factor in sentencing.

🧩 Case 5: State v. Sushma Adhikari (NKP 2079, 2022)

Facts:
Sushma Adhikari spread false rumors about a female politician via WhatsApp and Facebook groups, causing reputational damage and threats from supporters of opposing parties.

Issue:
Whether spreading rumors online is punishable as defamation and incitement.

Judgment:

“Digital dissemination of false information that damages reputation and incites threats is punishable under ETA Sections 47–50 and Criminal Code Sections 181–185. Group harassment intensifies liability.”

Outcome:

2 years imprisonment.

Social media accounts monitored by authorities.

Victim awarded damages.

Significance:
Clarified that online rumors and trolling are equivalent to public defamation, not mere opinions.

🧩 Case 6: State v. Prabin KC (NKP 2080, 2023)

Facts:
Prabin KC led a coordinated online hate campaign against a religious minority, including posts, memes, and videos, encouraging discrimination.

Issue:
Liability for digital hate speech and public order disruption.

Judgment:

“Online content targeting a religious or ethnic group with intent to provoke hatred is punishable under ETA Section 50 and Criminal Code Sections 77–78. Social media’s reach aggravates offense.”

Outcome:

5 years imprisonment.

Mandatory social media restrictions.

Court-ordered community sensitization program.

Significance:
Showed judicial willingness to impose enhanced punishment for large-scale hate campaigns online.

🔹 3. Key Legal Principles

Principle	Judicial Interpretation
Defamation via social media	Digital posts intended to harm reputation are punishable under ETA & Criminal Code.
Hate speech / communal incitement	Targeted messages against ethnic, religious, or political groups are criminally liable.
Cyber harassment / trolling	Coordinated campaigns that threaten, harass, or intimidate individuals are punishable as organized offenses.
Impersonation & emotional harm	Courts recognize mental distress from trolling as aggravating factor in sentencing.
Group liability	Accomplices in coordinated campaigns face criminal liability alongside principal offenders.
Enhanced punishment for scale & intent	Organized, repeated, or targeted campaigns attract higher sentences.

🔹 4. Analysis and Conclusion

Scope of liability:

ETA 2063 criminalizes online abuse, defamation, impersonation, and incitement.

Criminal Code sections complement ETA with general defamation, intimidation, and public insult provisions.

Judicial trend:

Nepalese courts are increasingly treating trolling and online hate campaigns as serious criminal acts, not minor infractions.

Mental harm, organized nature of attacks, and targeting of vulnerable groups increase sentencing.

Enforcement challenges:

Anonymity on social media, cross-border hosting of platforms, and lack of digital literacy make investigation complex.

Courts rely on digital forensics and evidence preservation under ETA.

Preventive measures suggested:

Awareness campaigns on online harassment.

Mandatory reporting by social media platforms for offensive content.

Cyber Bureau and district police cooperation in investigation.

Summary:
Nepalese criminal law responds to internet trolling and hate campaigns through a combination of digital law (ETA) and general criminal law (defamation, harassment, public insult). Case law illustrates that organized trolling, impersonation, defamation, and hate speech are prosecutable offenses, and courts are willing to impose imprisonment, fines, and social media restrictions to deter offenders.