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Wednesday, June 16, 2021

Cyber Law in Nepal

 

Working on Internet freedom and digital rights have called for cybersecurity policies and laws to guarantee human rights and freedom of expression on the Internet.

A program titled 'Stakeholders' Discussion on National Cyber ​​Security Policy, 2078' was organized on Sunday with the participation of representatives of human rights and freedom of expression organizations, human rights activists, technologists, and the business sector.

During the program, which was held on virtual media, the draft of 'National Cyber ​​Security Policy, 2078' recently made public by the Ministry of Communications and Information Technology was discussed. The program is organized by Internet Governance Institute (IGI), Digital Rights Nepal (DRN), and Forum for Digital Equality (FDE) and co-organized by Delta Law Firm, Digital Media Foundation, NPSert, CSRI, Media Action Nepal, and Nepal Internet Foundation.

Speaking on the occasion, Baburam Aryal, Founder and Chief Executive Officer of the Internet Governance Institute, said that the draft was a positive initiative in terms of cybersecurity in Nepal, but it could not be multi-stakeholder.

He said further discussions were needed. Pointing out that the proposed draft is control-oriented, he said that any cybersecurity initiative would be possible only by promoting the rights and not by including civil rights.

Manohar Kumar Bhattarai, chairman of the Internet Governance Institute and then vice-chairman of the High-Level Information Technology Commission, said the proposed cybersecurity policy was intended to control online content in the name of cybersecurity.

Speaking on the occasion, cybersecurity expert Vivek Rana said that the draft was insufficient for the security of the large repositories of government agencies' information resources.

He also said that the draft did not address the issues of how to address the economic and social issues of the country and how to secure the digital economy.

Similarly, Neetu Pandit, chairperson of Sancharika Group, said that the draft was positive as it was aimed at addressing gender-based violence. As the policy focuses more on hardware security, he argues for more sophisticated access to gender.

Speaking at the discussion, former Deputy Inspector General of Nepal Police Dr. Rajiv Subba said that he found that there was a lack of coordination between the two countries as cybersecurity policy should be included as part of the national security policy. He emphasized the need for a proper cybersecurity policy as the digital economy cannot flourish without cybersecurity.

He is confident that Nepal's cyberspace will be secured if the cybersecurity policy addresses the sensitive infrastructure, cyber defense, cybercrime and coordinates the prevailing foreign policy, information technology policy, health policy, education policy, and other regional policies.

Speaking on the occasion, KP Dhungana, Founder President of the Online Journalists Association, said that it was unfortunate that policies and laws were enacted in the name of cybersecurity and control of cybercrime. He said that there was no need for the Press Council of Nepal to take action outside the jurisdiction of the media and restrict the freedom of expression.

Rojakiran Vasukala, vice-president of the Center for Cyber ​​Security Research and Innovation and deputy director of the Telecommunications Authority of Nepal, said various international reports had put Nepal at risk of cyber-attacks. She said that the incident complaint system should also be included in the cybersecurity system.