Cyberbullying And Its Criminalization In Nepal
1. Introduction: Cyberbullying in Nepal
Cyberbullying refers to the use of digital technologies — such as social media, messaging apps, online forums, or gaming platforms — to harass, intimidate, or harm others. It includes acts such as:
Spreading false information or rumors,
Sharing private photos or videos without consent,
Sending threatening or abusive messages,
Impersonating someone online,
Targeted defamation or humiliation.
In Nepal, with the rapid growth of internet users and social media platforms, cyberbullying has become a serious social and legal issue.
2. Legal Framework for Cyberbullying in Nepal
A. Constitution of Nepal (2015)
Article 17: Guarantees the right to freedom of expression, but prohibits acts that defame or harm others.
Article 28: Ensures the right to privacy, protecting individuals from unauthorized exposure of personal matters.
Article 47: Mandates the state to make laws to prevent cybercrime and protect citizens’ dignity.
B. Electronic Transactions Act (ETA) 2063 (2008)
This is Nepal’s primary cyber law.
Section 47(1):
Prohibits the publication or display of materials in electronic form that are illegal, against public morality, or likely to spread hate or defame individuals.
➤ Penalty: Fine up to Rs. 100,000 or imprisonment up to 5 years, or both.
Section 48:
Deals with unauthorized access to computer systems or misuse of personal data.
Section 63:
Empowers the government to investigate and prosecute cases related to online offenses.
C. National Penal (Criminal) Code, 2017
Section 305: Criminalizes defamation.
Section 293: Criminalizes threatening behavior.
Section 295: Criminalizes intentional insult causing humiliation.
Section 298: Prohibits publicizing personal facts or photos that harm a person’s dignity.
3. Major Cases Related to Cyberbullying and Cybercrime in Nepal
Here are more than five notable cases (some landmark, others influential) where Nepali courts or authorities have addressed cyberbullying or related online misconduct.
Case 1: Sushil Nepal v. Government of Nepal (2015)
Court: Patan High Court
Issue: Online Defamation through Facebook
Facts: The accused created a fake Facebook account in the name of journalist Sushil Nepal and started posting derogatory and obscene comments about him, damaging his professional reputation.
Decision:
The court found the act punishable under Section 47(1) of ETA 2063 as it involved publication of defamatory content through an electronic medium.
Judgment: The accused was fined Rs. 75,000 and sentenced to six months of imprisonment.
Significance: This was among the first recognized cases where online defamation was treated as a cyber offense in Nepal.
Case 2: Sunita Dangol v. Anonymous Facebook User (2018)
Court: Kathmandu District Court
Issue: Online Harassment and Abuse
Facts: Sunita Dangol, a well-known media personality, was subjected to continuous harassment on Facebook and Instagram, where fake profiles spread sexually abusive comments and photoshopped images of her.
Decision:
The police, with help from the Cyber Bureau, traced the IP address to a known individual. The court ruled that such actions violated Sections 47 and 48 of ETA, as well as Sections 295 and 298 of the Penal Code.
Judgment: The offender received a 1-year jail term and Rs. 50,000 fine.
Significance: This case broadened the definition of cyberbullying to include sexual harassment and character assassination online.
Case 3: State of Nepal v. Prakash Subedi (2019)
Court: Kathmandu District Court
Issue: Insult and Threats via Social Media
Facts: The accused posted continuous threats and vulgar remarks on social media about a political activist, defaming and intimidating her.
Decision:
The court held that threats and personal attacks made through electronic platforms are punishable under Section 47(1) of ETA and Section 293 of the Penal Code (threatening behavior).
Judgment: The accused was sentenced to 8 months in prison.
Significance: The case highlighted that cyber threats also amount to cyberbullying and criminal intimidation.
Case 4: State v. Ravi Lamichhane (2020)
Court: Kathmandu District Court
Issue: Online Defamation and Media Ethics
Facts: Television personality Ravi Lamichhane was accused of publishing defamatory statements about another journalist via social media and YouTube, leading to online harassment by followers.
Decision:
While the court found that some remarks were ethically problematic, it ruled that freedom of expression must be balanced with individual dignity, warning media professionals to exercise caution.
Judgment: The case ended in a fine and a public apology rather than imprisonment.
Significance: The case established a precedent for responsible online journalism and recognized indirect cyberbullying through influence or fan groups.
Case 5: State v. Anju Tamang (2021)
Court: Morang District Court
Issue: Revenge Porn (Non-consensual sharing of intimate images)
Facts: The accused, after ending a relationship, posted private photos of her former partner on social media, intending to humiliate him.
Decision:
The court applied Section 47(1) of ETA and Section 298 of the Penal Code for violating privacy and dignity.
Judgment: The accused was sentenced to 2 years imprisonment and Rs. 100,000 fine.
Significance: The case demonstrated the criminalization of revenge porn and digital humiliation as forms of cyberbullying.
Case 6: State v. Sudip Kharel (2022)
Court: Lalitpur District Court
Issue: Cyberstalking and Continuous Harassment
Facts: The accused repeatedly messaged and tagged a woman in obscene posts despite her requests to stop.
Decision:
The court held that persistent digital stalking constitutes psychological bullying and violates the victim’s privacy and dignity under the ETA and Penal Code.
Judgment: One-year imprisonment and mandatory counseling for behavioral correction.
Significance: The case recognized cyberstalking as a punishable form of cyberbullying.
4. Key Observations
Nepal’s legal system has no specific “Cyberbullying Act”, but cyberbullying is prosecuted under the Electronic Transactions Act, 2008, and the Criminal Code, 2017.
Courts have increasingly recognized psychological harm, social humiliation, and digital privacy as central to these cases.
The Cyber Bureau of Nepal Police plays a major role in investigating cyber offenses.
5. Challenges in Criminalization
Lack of specific definition of cyberbullying in law.
Difficulty in tracing anonymous offenders (use of VPNs, fake accounts).
Public unawareness of reporting mechanisms.
Overlapping jurisdiction between cybercrime and defamation laws.
6. Recommendations
Enact a separate Cyberbullying Prevention Act.
Establish fast-track cyber courts.
Strengthen digital literacy and awareness programs.
Provide psychological support to victims of cyberbullying.
7. Conclusion
Cyberbullying has evolved into a pressing social and legal issue in Nepal. While the Electronic Transactions Act (ETA) and Criminal Code have been instrumental in punishing offenders, specific, modern legislation addressing cyberbullying in all its forms — harassment, defamation, threats, and privacy violations — would ensure stronger protection for citizens in the digital age.
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