Electronic Transaction Act, ETA(2008)
According to National Census 2011, 64.63% of total population
has mobile phone. Data from same census shows that 7.3% of total houses in
Nepal have computer. These data are average data. Rural area has significantly
low users bringing average to lower value. As the digital literacy is increasing,
the numbers of cyber crimes are also increasing.
For Nepal, Electronic Transaction Act, ETA (2008) has been
governing its role as a Cyber law. There are total 12 chapters and 80 sections
as per today. There are term definition, process of operation, identification of
crimes and punishment for corresponding crimes and more. You can check out official
site for additional information. But one section (47) from ETA was much debated which I found interesting as well.
"publication of illegal materials in electronic form
shall be liable to punishment with fines not exceeding One Hundred Thousands or
imprisonment not exceeding five years or both."
" person committing an offence time to time,he/she shall be liable to the
punishment for each time with one and one half percent of the punishment of the
previous punishment."
'Not knowing is not a crime'-do you agree? You might be committing
one unknowingly. There is more in section 47.
"Displaying or publishing any material in the electronic media including
computer, 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 the punishment"
Okay all good so far. Not involved in any of those activities.
But Section 47 has yet another additional part.
" Teasing, irritating, disrespecting or committing any such
kind of indecent activities to women or making someone else to commit as a proxy,
shall be liable to the punishment"
Sub section 1, clearly states- "….to women".
Wonder why the Act is silence on male victims? Boys, usually you do such things,
right? Then, why so offended? Not sure whether it's amended one or archive one
but this part of clause is not in English version of Act.
You surely don’t want to be punished; nobody really does.
Avoid the situations you could be reported. If no one reports against you then
you are in safer side. These tricks might protect you.
Sarcasm:
Sending/posting sarcastic messages/content is safer than
direct one. Sarcasm needs time to be understood.
Response:
Examine the response they send back to you. You don’t want
to invest you resources where output is likely to be zero, even negative.
Block:
If you feel like receiver is not interested, remind them to
use their privilege of blocking or unsubscribing you.
Review:
Review every single posts and contents you belong to. The
law will attract you as well. Proxies and indirect parties in crime are
punishable too.
Target Audience:
Identifying your targeted audience minimizes negative impressions,
at same time you achieve your message's goal.
But again rules are made for good cause not to limit your
progress. If you are living life with high morality you don’t have to know any
laws.
Make sure whether you are hurting others beliefs, devaluing
their ways of doing things, imposing your ideology to them or not. These are
the causes of conflict, hatred and destruction. Respect the differences.
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