Kathmandu Bhadra, 22 - Nepal’s Cyber Bureau has formed a 10-member team to investigate abusive and hateful social media comments targeting survivors of the Bhotekoshi floods. The investigation started when families were targeted with "mocking, insulting, demeaning" comments on their social media posts looking for information and help on missing persons.
Social media profiles are being reviewed by Cyber Bureau officers and they are trying to establish addresses and phone numbers of those suspected of the abusive postings. The investigation will follow Prime Minister Balendra Shah's warning that people who mock, harass or target those suffering in the aftermath of the disaster could face legal consequences. The investigation is worth noting because the survivors who were affected have not made official complaints. Cyber Bureau spokesperson SP Dilip Kumar Giri said, police can take evidence and carry out an investigation if there is enough evidence, in the absence of a formal complaint by the targeted person.
The case also sheds light on the current legal framework of Nepal in regard to online behavior and social media use. Under Section 47 of the Electronic Transactions Act, 2008, there are certain types of illegal publications or display on electronic media that include material of a nature that could lead to harassment, humiliation, or indecent conduct; material of a nature that could promote hatred or hostility towards others; material of a nature that would lead to a breakdown of relations between ethnic or religious communities. The violations are punishable by a fine of up to Rs100,000, imprisonment of up to five years and/or both, according to the report.
One person has already been arrested in a similar incident by the Cyber Bureau. Baitadi's Birendra Madai was arrested in Kathmandu for his allegedly ethnocentric comments on social media regarding the flood-hit people of Baitadi. Police said, the comments could "stir up ethnic tensions."
The investigation highlights the potential legal consequences of abusive and unlawful conduct on social media in Nepal. Use of online platforms is a space of freedom of expression and public debate, however there is no automatic freedom to conduct that extends to content that may fall within the scope of conduct prohibited by law. The Cyber Bureau's latest move also suggests that the police could investigate the activities of persons who may be involved in online activities that is illegal even if the individuals involved are not the ones the police approaches.
Source: The Kathmandu Post
