According to
the 2021 National Census, 73% of Nepal’s population has a mobile phone, while
only 15% of households have a computer. These are national averages, and rural
areas pull them down significantly. As digital literacy grows, so does cyber
crime.
Nepal’s
Electronic Transactions Act (ETA) of 2008 serves as its cyber law. As of today
it has 12 chapters and 80 sections, covering definitions, procedures, offences,
and the punishments that go with them. You can find the full text on the
official site. But one section, Section 47, has been much debated, and I found
it interesting too.
On
publishing illegal material in electronic form, it says:
“Publication
of illegal materials in electronic form shall be liable to punishment with
fines not exceeding One Hundred Thousand 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 times of the punishment of the previous punishment." In other words, each repeat offence can carry 1.5 times the previous penalty.
“Not knowing
isn’t a crime,” you might say. But you could be committing one without
realizing it. Section 47 goes on:
“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.”
Fine so far.
Most of us aren’t doing any of that. But there’s another 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 says “to women.” Why is the Act silent on male victims? Boys, you’re usually the ones doing such things, right? Then don’t be offended that the law is written this way.
I’m not sure
whether this clause comes from an amended version or an archived one, since it
doesn’t appear in the English version of the Act.
How to
stay on the right side of it
Nobody
wants to be punished.
The real dilemma is knowing which behaviors are accepted and which aren’t
tolerated. The best protection isn’t avoiding a report, it’s avoiding harm. A
few habits help:
Say it
plainly and respectfully. If a message could be read as mocking or hurtful, rethink it. Sarcasm is
easy to misread, and what you meant as a joke may land as an insult.
Watch the
response. Pay
attention to how people react. If someone goes quiet, pulls back, or pushes
back, take that seriously and stop.
Respect
the exit. If someone
isn’t interested, let them block or unsubscribe without pushback, and don’t
contact them again.
Review
what you’re part of.
Check every post and piece of content you’re associated with. Proxies and
indirect parties to an offence can be punished too.
Know your
audience. Knowing
who you’re writing for reduces misunderstandings while still getting your
message across.
Laws exist
for a good cause, not to hold you back. If you live with strong morals, you
hardly need to memorize them. Ask yourself whether you’re hurting others’
beliefs, looking down on how they do things, or forcing your ideology on them.
Those are the roots of conflict, hatred, and destruction. Respect the
differences.
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