Stakeholders have said that such a ban will directly affect the growing digital economy, small enterprises and technology-based service delivery in Nepal.
What you should know
27 organizations advocating for digital rights and freedom of expression have jointly expressed objection to the banning of the messaging app Telegram in Nepal. According to them, such a ban will directly affect Nepal's growing digital economy, small enterprises and technology-based service delivery. In addition, they have expressed their deep displeasure over this, saying that it would be a serious violation of freedom of expression and civil rights.
These include Digital Rights Nepal, Yuvalaya, Freedom Forum, Dignity Initiative, Media Action Nepal, Center for Media Research-Nepal, Challoyd Safe Net, Online TV Journalists Association Nepal, Women Leaders in Technology, Mero Adda, Media Talk, Advocacy Forum Nepal, Amnesty International Nepal, Voices of Women Media and Nepal Internet Foundation. Even though the government has banned Telegram, users are running the app through VPN and other proxy services like Cloudflare Wrap, just like when Tiktok was banned earlier.
Under the direction of the Ministry of Communication and Information Technology, the regulator Nepal Telecommunication Authority on July 2 instructed internet and telecommunication service providers to block access to the Telegram app. According to the authority, Telegram has been banned with the aim of controlling online fraud and money laundering. However, concerned organizations have said that this decision is opaque, unilateral and without sufficient basis or evidence.
Monica Niraula, executive director of 'Body and Data', which works in favor of gender justice, bodily autonomy and digital rights, opined that such restrictions on digital governance threaten to institutionalize repressive and undemocratic practices. "The government unilaterally banned it without even studying who and for what purpose are using apps like Telegram," she said, "some students used to get books on it, small entrepreneurs made a means to connect with their target customers, and this app was a good option for communication facilities for the gender minority community."
In a joint statement issued on Wednesday, the concerned organizations mentioned that freedom of expression is the backbone of democracy, and digital communication platforms like Telegram are powerful means of information exchange, public participation in public affairs, educational activities, social campaigns and community coordination. "The right to freedom of thought and expression and communication, guaranteed by Articles 17 and 19 of the Constitution of Nepal, 2072, is the fundamental right of every Nepali citizen, which citizens have the right to use equally through digital media," the statement said.
In the joint statement, it is said that in a developing digital society like Nepal, such a unilateral step will stifle the freedom of citizens to choose their media. It has been commented that such steps will have a serious impact on the overall information flow system. It is mentioned in the statement that it questioned the government's commitment to press freedom, access to information and digital inclusion.
Sanjeev Adhikari, executive director of Yuvaalaya, an organization that works for youth leadership development and meaningful participation in policy formulation and implementation, has criticized the government's move, disagreeing with the ban on Telegram. He said that if there is criminal activity on a digital platform, the solution should be found through regulation and not through bans.
'If closure is the only solution, such problems are also seen in many other apps, how many platforms will the government close?' The official asked, 'TikTok had to be banned before and restarted.' Stating that applications such as Telegram and Tiktok are most active among young people, the official opined that the ban will directly affect them. According to him, these apps are also an effective tool for startups to stay in touch with customers. "Big businessmen can make their own apps, but these apps are a good option for small entrepreneurs and common users," he said.
Stakeholders say that the state should be serious about the criminal activities caused by the misuse of any platform, but it needs to be addressed through the legal system and process envisioned by the constitution. In 2080, the Supreme Court issued a directive in the name of the government to make the necessary legal arrangements for the regulation of social networks in a petition related to the ban imposed by the government on Tiktok. In line with the same order, the Social Media Regulation Bill, 2081 is currently pending in the National Assembly. The closure of the Telegram platform without any valid legal basis is a step against democratic values, the fundamental rights of citizens and the rule of law.
organizations have suggested three points to the government to withdraw the ban immediately, to regulate digital media according to the constitution and international standards and to start a transparent, inclusive and accountable dialogue process on digital rights issues. "Controlling crime through apps is certainly a challenge, but bans are not the solution," says Niraula of Body & Data, "It is appropriate to move towards ways to secure the digital space." The government should widely organize programs to increase digital literacy.'
