Overview Of Cyber Law In Nepal

Cyber law can be defined as the area of law that deals with all aspects of cyberspace, the internet and other internet-related technology. This is one of the newest area of legal system. Cyber law in Nepal is called Electronics Transactions Act, 2063 which was created in response to growth of internet usage in Nepal on September 2, 2063. It deals with commercial use of computers and criminalizes various computer related illegal activities.

In today highly digital world, the technological advancements has taken center stage in our lives whether we like our not. It has transformed the way we communicate, work and conduct our business in our day to day life. 

However, with our increase dependence on internet and technology as a whole, it has brought forth new challenges for us in form of cyber crime. In Nepal, as in many other countries, we have cyber laws to protect individuals and organizations from these attacks and crimes. 

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In this article we are going to discuss about cyber law in Nepal. And are the laws that are enacted by our government to protect us from these cyber crimes.

What is cyber crime?

The criminal activities that are carried out using digital means or internet is known as cyber crime. In other words, the crimes related to any illicit or illegal behavior carried out by or in relation to internet or computer network is called cyber crime. 

With advent of internet and mobile phone access in every corner of the country, there have been significant rise in cyber crime through means such as social media and messaging apps. 

This includes everything from cyber bullying, use of internet for illegal activities, phishing scams, hacking, identity theft, malware attacks and so on.

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Definition of Cyber Law In Nepal

To regulate these cyber crimes, each nation has its own cyber laws to protect its citizen, similar is the case for Nepal. 

On 2 September, 2063, then parliament passed the first cyber law in Nepal called Electronics Transactions Act, 2063. The objective of this bill was to mitigate crimes related to internet and digital properties. 

This law deals with digital signature, identity theft, intellectual property, unauthorized use and alteration of electronic records and so on. Electronic Transactions Act controls any and all illicit activities done through the means of internet and helps to protect Nepali citizens against cyber crimes. 

As per this Electronic Transactions Act, if a person is found violating any cyber laws or involving in illegal activities through internet, he/she will have to face minimum of 6 months to maximum of 3 years in prison. In addition to this, they would also have to pay minimum of 50 thousand to a maximum of 3 Lakhs as penalty. 

According to Electronic Transactions Act, "Whoever publishes or causes to publish, display any material in the electronic form including computer, internet which are prohibited to publish or display by the law in force or which may be contrary to the public morality or decent behavior or any types of materials which may spread hate or jealousy against anyone or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes and communities shall be liable to be punished with a fine of up to one hundred thousand rupees or with imprisonment of up to five years or both."

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Different Cyber Laws In Nepal

1. Electronic Transactions Act, 2063

This was the first cyber law in Nepal, introduced on September 2, 2063 to combat the cyber crimes caused due to sudden growth of internet and computer use in Nepali households at that time. 

Before enactment of this law, all cyber crimes in Nepal were dealt under the country's criminal code. It deals with unauthorized use and adulteration of electronic records among other things.

According to this law, "Stealing, pirating or destroying someone else's computer system or accessing it without proper authorization will result in 3 years of imprisonment or 2 thousand rupees fine or both. 

Also, publication of illegal material in electronic form can land you in prison for 5 years or a fine of 1 hundred thousand rupees or both."

2. Children's Act, 1992

This act was passed on 20 May, 1992 A.D. The main objective of this act is to protect and uphold the rights of children. It  prohibits circulation and capturing of child pornographic content or any immoral pictures of a child. 

According to Nepal Citizenship Act(1963), a person below 16 year old is considered to be a minor. Hence, this law is applicable to all individuals below the age of 16. 

3. Copyright Act, 2002

This act was passed on 15 August, 2002 A.D. and protect the original works of authorship and copyright ideas. This includes computer software, program, artistic works and much more. 

This law prohibits people from altering or copying original works of others for economic or other benefits without proper authorization form the original author. 

4. Individual Privacy Act, 2018

This act was passed on 18 September, 2018 in-order to protect the rights to privacy of Nepali citizens. According to this law, right to privacy is a fundamental right and is granted to all individuals. 

It strives to protect the personal information of individuals. Every person has right to withhold certain personal information form public record. 

Furthermore, this law also ensure that no individual is subjected to unsanctioned invasion of privacy by any corporation, other individuals or even the government. 

No one can transfer one's individual data without the consent of the owner. The violation of this law will result in 3 years of imprisonment or a fine of 30 thousand or both. 

 

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How to report cyber crime in Nepal?

Cyber Bureau is the main authority responsible for handling cyber crime case in Nepal. The first step in reporting a cyber crime in Nepal is to contact them. You can do so by following ways:

1. Email: Write an email to [email protected] including all the details regarding the cyber crime incident. Try to provide a detailed and comprehensive account of what happened or any available evidence. 

2. Website: You can visit cyber bureau's website directly at https://www.nepalpolice.gov.np/other_links/detail/cyber-bureau/ and report the crime with related details. 

3. Phone: You can also contact the Cyber Bureau via phone. The phone number provided in their website is 9851286770. Furthermore, you can also reach out to them via main police line at 014219044.

When reporting cyber crime, make sure to provide as much detailed account of the incident as possible. 

Also, provide all necessary information related to the crime itself like screenshots, emails or any other relevant documents that may assist in the investigation. 

Furthermore, remain in constant communication with the police and assist them in anyway possible. 

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Conclusion

Cyber law plays an important role in addressing cyber crimes and protecting individuals and organizations in digital world. As technology has advanced so has cyber crimes ranging from cyber bullying to phishing attacks to identity theft, these crimes have become increasingly prevalent in this day and age. 

While Nepal has made significant strides in enacting cyber laws to combat internet related crimes, sadly it has not been enough. The existing law still needs to be revisited to address several of loopholes within these laws. 

Furthermore, Nepal government should also encourage citizens to report cyber crimes incidents and make them aware on why these type of illicit activities are so dangerous.

Additionally, there is also need of a comprehensive legislation on regulating social media platforms, e-commerce related activities, artificial intelligence, Web 3.0 and other areas of cyber space. 

To thrive in today's technologically advanced world, Nepal also must adapt and continue working towards strengthening its cyber laws to ensure the safety of Nepali citizens in today's digital jungle. 

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