"Nepal Supreme Court Mandates Social Media Registration -

August 17, 2025

Nepal's digital landscape is undergoing a seismic shift as the country moves toward stricter regulation of social media platforms and online content. In a significant development that reinforces the government's regulatory stance, the Supreme Court of Nepal has issued a comprehensive verdict mandating registration for all social media and online platforms operating in the country, setting the stage for what could be one of South Asia's most stringent digital governance frameworks.

The Supreme Court's Landmark Ruling

The timing of today's news couldn't be more significant. The Supreme Court has released the full text of a verdict from September 2024 that explicitly states: "Online and social media platforms of domestic or foreign origin should be mandatorily registered with the competent authority before operation, and mechanisms should be in place to evaluate and monitor undesirable content."

This ruling emerged from a contempt of court case against sidhakura.com, a Kathmandu-based news website, but its implications extend far beyond a single media outlet. The extended full bench, led by then-Chief Justice Bishowambhar Prasad Shrestha, has essentially provided judicial backing to the government's ongoing efforts to bring social media platforms under regulatory oversight.

The court's reasoning is clear: as news circulated through electronic media reaches the public widely and quickly, often going viral, false news can spread rapidly without proper regulatory mechanisms. The justices emphasized that unchecked misinformation can harm citizens' rights to accurate information and even obstruct judicial proceedings.

The Broader Regulatory Framework

This judicial pronouncement comes amid Nepal's comprehensive push to regulate social media through multiple legislative and administrative measures. The journey began in earnest in 2023 when the Cabinet passed rules requiring social media platforms to register with the government and set up offices in Nepal, along with a 19-point not-to-do list.

The regulatory framework has since evolved into a more comprehensive Social Media Act, with the government proposing stringent penalties for violations. The bill proposes up to five years in prison and Rs 1.5 million as fine for spreading fake news, with additional penalties for those who engage in these activities using children or minors.

Key Components of Nepal's Social Media Regulation

Registration Requirements

All social media platforms, regardless of their origin (domestic or foreign), must now register with Nepal's Ministry of Communications and Information Technology. This requirement extends beyond major platforms like Facebook, Twitter, and TikTok to include smaller online platforms, news websites, and content creators.

Content Monitoring and Evaluation

The new framework establishes mechanisms to monitor and evaluate what the authorities term "undesirable content." This includes misinformation, disinformation, and content that could harm public order or judicial processes.

Physical Presence Mandate

International platforms are required to establish offices in Nepal, making them directly accountable to Nepali authorities and laws. This requirement has already led to significant pushback from major tech companies.

Penalties and Enforcement

The legislation introduces severe penalties for violations, including substantial fines and imprisonment terms. The law specifically targets the spread of fake news and content that undermines state institutions.

International Platform Resistance and Compliance Challenges

The implementation of these regulations has not been smooth. Meta, Facebook's parent company, has sent officials to Kathmandu as registration deadlines loom, indicating the significant pressure international platforms face to comply with Nepal's requirements.

Many global social media companies have been reluctant to register, citing concerns about operational autonomy, data privacy, and the potential for censorship. The requirement to establish physical offices in Nepal represents a significant operational challenge for platforms that prefer centralized global operations.

Civil Society and Media Community Concerns

The new regulatory framework has faced substantial criticism from press freedom advocates and civil society organizations. Free speech advocates say the bill gives administrative agencies unnecessary power to monitor online content.

The International Federation of Journalists, along with local media organizations, has raised serious concerns about the law's potential impact on freedom of expression. The IFJ and its affiliates urge the government to withdraw the Social Media Act bill immediately and legislate in greater consultation with unions, journalists, and civil society organizations.

Critics argue that while social media content may need some regulation, the bill seeks to criminalize minor offenses too, potentially stifling legitimate discourse and democratic participation.

The Balancing Act: Digital Governance vs. Freedom

Nepal's approach to social media regulation reflects a broader global trend of governments seeking greater control over digital platforms. However, striking a balance between necessary oversight and preserving digital freedom remains a contentious issue as the country navigates these regulatory changes.

The government's position is that regulation is necessary to combat the spread of misinformation, protect national security, and ensure that international platforms operating in Nepal are accountable to Nepali laws. Officials argue that the same standards applied to traditional media should extend to digital platforms.

Implications for Nepal's Digital Future

The Supreme Court's verdict and the broader regulatory framework signal a fundamental shift in how Nepal approaches digital governance. Several key implications emerge:

For Users: Nepali social media users may face increased scrutiny of their online activities, with potential legal consequences for content deemed problematic by authorities.

For Businesses: Companies using social media for marketing and customer engagement may need to navigate new compliance requirements and content restrictions.

For International Relations: Nepal's stance could influence regional discussions about digital sovereignty and platform regulation across South Asia.

For Innovation: The regulatory environment may impact Nepal's growing tech sector and digital innovation ecosystem.

Looking Ahead: Implementation Challenges and Opportunities

As Nepal moves forward with implementing these regulations, several challenges remain:

Technical Infrastructure: The government will need robust systems to monitor and evaluate content across multiple platforms effectively.

International Cooperation: Enforcing regulations on global platforms requires diplomatic engagement and potentially new international agreements.

Legal Clarity: Clear guidelines and transparent processes will be essential to prevent arbitrary enforcement and protect legitimate expression.

Capacity Building: Regulatory bodies will need enhanced capabilities to handle the complex technical and legal challenges of digital platform oversight.

Conclusion

Nepal's new social media registration law, reinforced by today's Supreme Court ruling, represents one of the most comprehensive attempts by a South Asian nation to regulate digital platforms. While the government frames this as necessary for combating misinformation and ensuring accountability, critics worry about the implications for free expression and democratic discourse.

The success of this regulatory framework will largely depend on its implementation. If executed transparently and proportionately, it could serve as a model for other developing nations seeking to balance digital governance with fundamental rights. However, if implemented heavy-handedly, it risks stifling the very digital innovation and free expression that are essential for Nepal's democratic and economic development.

As international platforms grapple with compliance decisions and civil society continues to advocate for digital rights, Nepal finds itself at the center of a global debate about the future of internet governance. The coming months will be crucial in determining whether Nepal can achieve its stated goals of combating misinformation while preserving the digital freedoms that have become integral to modern democratic participation.

The story of Nepal's social media regulation is still being written, and its outcome will have significant implications not just for Nepal's 30 million citizens, but for the broader discourse on digital governance in the developing world.