Kathmandu. The Supreme Court has ordered the government to allow social media to operate only after registration. The order was made public in the full text of the judgment delivered on Asoj 13, 2081 by a nine-member large bench including the then Chief Justice Bishwombhar Prasad Shrestha, Justices Prakash Man Singh Raut, Sapana Pradhan Malla, Prakash Kumar Dhungana, Hari Prasad Phuyal, Dr. Nahakul Subedi, Binod Sharma, Mahesh Kumar Poudel and Bal Krishna Dhakal.
On Baisakh 16, 2081, Deputy Registrar of the Supreme Court Govinda Ghimire submitted a report stating that the news, audio and video materials published and broadcast by Siddhkura.com constituted contempt of court.
In the judgment of the same case, it was said that social media should be operated only after registration. In the case, Siddhankaura.com publisher Yubaraj Kandel, executive editor Navin Dhungana and Rajkumar Timilsina were made defendants.
“Just as the issue of mass media and press freedom is important, it is equally necessary to discourage the spread of false information,” the full text of the judgment states. “Just as the state must protect freedom of thought and expression and the right to communication, it is also the responsibility of the state to control false information such as misinformation, disinformation and malinformation.”
The full text of the judgment states that domestic or foreign online and social media platforms, including platforms, must be registered with the competent authority before operation and that such unwanted content must be evaluated and monitored, and that digital media and social networks must be made responsible and accountable.
“The Government of Nepal should write to the Office of the Prime Minister and Council of Ministers to immediately take appropriate legal measures to discourage the misuse of social media by hiding one’s real identity and using fictitious names, to ensure reliable monitoring by the regulatory body within the ambit of the law, and to make other necessary arrangements in this regard,” the decision states.
Similarly, it has been ordered to write to the Press Council to prepare necessary standards to make the work of disseminating news systematic, dignified, and effective in a manner that maintains the dignity, respect, public trust, and credibility of the judiciary.
“With the development of technology, the use of electronic media and social media has increased worldwide. News disseminated through electronic media goes viral more widely and quickly than through traditional media, reaching the general public,” the judgment said. “YouTube’s visual and audio content presents news in an attractive manner. Failure to regulate and manage such media outlets creates a situation where false news is disseminated. When false information is disseminated, it also infringes on the citizen’s right to receive accurate information.”
The court noted that the dissemination of false information through such media hinders judicial proceedings and adversely affects public trust and credibility in the court. (RSS)