YouTuber Roshan Pokharel Arrest Case: Some argue that he should not be arrested based on his words, while others argue that the seeds of chaos and obscenity should not be sown.
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During the zero hour of the House of Representatives meeting on 25 Bhadra 2081, then MP Sobita Gautam raised a question in Parliament, 'What kind of society is this state envisioning? Is it trying to establish an arbitrary regime that is more severe than the Rana regime, Mr. Speaker?'
Gautam asked this question when Man Bahadur Karki of Dolakha was in the custody of the police circle at Durbarmarg. Karki was arrested by the then government led by KP Sharma Oli for sharing a video criticizing the government on social media.
At that time, Sobita Gautam raised a thunderous question in Parliament - 'How democratic is it that Man Bahadur Karki of Dolakha district was arrested and prosecuted based on a video he shared at a public event.
The then government led by KP Sharma Oli had arrested him on the grounds of 'spreading false information about respected people' on social media. However, he was released after being detained for a few days.
Today, the political scene has changed. After the fall of the Oli-led government, a new government has been formed under the leadership of Balendra Shah on the basis of the 'Gen-G' generation movement, and Gautam, the MP who roared in parliament yesterday, is now the Law Minister of the same government. However, the series of arrests of citizens based on their opinions on social media has not stopped yet.
The latest example of the same trend despite the change in power and leadership is the recent incident of the arrest of Roshan Pokharel of Panchthar. Pokharel of Falgunanda Rural Municipality-7 was taken into custody by the District Police Office, Panchthar last Thursday based on the investigation by the Cyber Bureau of the Nepal Police.
He was arrested for posting a video on his YouTube channel 'Heads Jungle' that suggested that Prime Minister Balendra Shah and the leaders in the current government were no different from the leaders of the old parties. The content he uploaded raised questions about Prime Minister Shah, his affiliated parties and election symbols.
Pokharel, whose remand was extended by 10 days by the Panchthar District Court and investigation into cybercrime was underway, was released on Sunday after widespread public pressure and protests.
In the past, the Oli-led government had resorted to the Electronic Transactions Act to suppress freedom of expression. Are they the youth who shouted slogans against Oli and Nepali Congress President Sher Bahadur Deuba on Bhadra 10, 2081 or Prateek Joshi and Rachit Shah, who were arrested on Bhadra 11 for commenting on Facebook; at that time, questions were raised about the government's intentions. On July 32, 21-year-old Ramesh Bahadur Rawal from Bajura, who wrote the Prime Minister 'corrupt' on Facebook, was also charged with cybercrime.
As a culmination of the series of arrests of critics, the Oli government banned 26 social media platforms, including Facebook, on Bhadra 19, 2082. The 'Gen-G' generation, which took to the streets against the same restrictions on freedom of expression, had overthrown the previous government and established the current government. However, the arrest of critics today by the leadership that emerged yesterday on the strength of social media and advocating freedom of expression has raised questions about the democratic character of the new government.
'I don't like it, so I'm in jail?'
'Gen-G' activists are now strongly resisting the government on social media regarding Pokharel's arrest. Activist Bhavana Raut writes, 'There is no 'if' or 'but' in freedom of expression.' We have the option to not watch, unfollow or ignore content we don't like; but the idea of 'I don't like it, so I'm going to jail' is dangerous for a free society.'
Julie Pokharel has questioned whether Section 47 of the Electronic Transactions Act is still being used as a weapon to imprison critics, saying, 'Is the two-thirds government designed to silence citizens or to reform the law? If the government changes, but the trend remains the same, it is not change, it is history repeating itself.'
Tanuja Pandey, recalling Prime Minister Shah's famous rap song 'Malai Bolan De Sarkar', mentioned the incident of V-10 being arrested in the past. Comedian Ayush Shrestha has argued that the current government, which was brought about by cursing and cursing on the streets, is the product of the revolution and that it is not a crime to speak your mind.
Freedom or freedom from obscenity?
However, not everyone supports Pokharel's style. Some have also criticized the language and style used in the video. Activist Raksha Bam has said that obscenity and anarchy are not acceptable in the name of freedom of expression. She wrote, 'Sowing the seeds of anarchy and obscenity and growing them as trees is always a threat to social peace. It is better that we do not encourage the things said by those YouTubers.'
Similarly, comedian Himesh Pant has said that freedom of expression is not a 'license' to abuse and insult. 'The right to criticize the government, oppose its policies and say if the leader is wrong is freedom of speech, but it is not a license to abuse,' he said.
