Skip to main content

Online policing: SC serves govt show cause

Nov 23, 2015-

The Supreme Court has issued a show-cause notice to the government and concerned ministries for prosecuting civilians by defining their comments and opinions on social networking sites as cyber crimes.

Responding to a writ filed by advocate Pratyush Nath Upreti, a single bench of Justice Devendra Gopal Shrestha on Sunday asked the Prime Minister’s Office, Law Ministry and Information Ministry to explain the reasons behind the arrest of some citizens for sharing online contents and comments that apparently slandered the government ministers and even the President.
Upreti has claimed that the action is an outright attack on a person’s freedom of expression guaranteed by the constitution.
Upreti had filed the writ of mandamus, seeking nullification of clauses 1 and 2 of article 47 in the Electronic Transactions Act that curtails the right of free speech and freedom of expression.
The article states that a person displaying any material in the electronic media which “may be contrary to the public morality or decent behaviour, may spread hate or jealousy against anyone, or may jeopardise the harmonious relations among people shall be liable to the punishment with the fine not exceeding one hundred thousand rupees, or with the imprisonment not exceeding five years, or with both”.
In the writ petition, Uprety has argued that the words and phrases in the Act like “material”, “public morality”, “decent behaviour”, “hate”, and “jealousy” are not defined, and are open to interpretation, providing the state leeway to prosecute citizens for expressing themselves.
The article is also in contradiction with article 17 of the Constitution of Nepal 2015 which grants freedom of opinion and expression as a fundamental right.
The government has been accused of misusing the Act to detain its critics and to deter criticisms on social networking sites.


Source; The kathmandu Post, 23 November, 2015

Comments

  1. Dear, I like your blog very much, I can get many useful information. Hope that we can communicate with each other. By the way, have you ever used resize server 2003 boot partition ? Unfortunately I lost my partition. I do not know how to do.

    ReplyDelete

Post a Comment

Popular posts from this blog

Intellectual Property Rights in Nepal

Pratyush Nath Upreti

Speaking at a memorial service for Nelson Mandela on Dec 10, 2013, South African President Jacob Zuma said, “There is no one like Madiba. He was one of a kind.” Indeed the South African president’s statement about the world’s greatest liberator who contributed so much to strengthening the values of human rights is very significant. Mandela is an inspiration for all mankind. Unfortunately, a controversy has arisen over the ownership and unauthorised use of the name Mandela since his death.

Nelson Mandela’s image, name and quotations have been registered under the proprietorship of the Nelson Mandela Foundation as per South African trademark laws. They are registered under several classes including jewellery, clothing, books and other products. Furthermore, other proprietors of the Mandela brand include the Nelson Mandela Children’s Hospital Trust, Nelson Mandela Metropolitan University and the Nelson Mandela Children’s Fund. Infringement and unauthorised use of t…
At The Office for Harmonization in the Internal Market (OHIM) of European Union, Alicante, Spain, 2015

Philip Morris v Uruguay: A Breathing Space for Domestic IP Regulation

Just received a copy of my recent publication.







Citation: Pratyush Nath Upreti, Philip Morris v Uruguay: A Breathing Space for Domestic IP Regulation, European Intellectual Property Review (2018)40(4), 277­

CYBERCRIME WITHOUT CYBER-RULES

Pratyush Nath Upreti

In a welfare state, citizens have access to electricity, water, roads, education and health. Since citizens pay for these amenities through taxes, they expect services from the state in times of need. Increasingly, with the ubiquity of the internet, access to the web is also being considered a right. Although this scenario does not exist in the Nepali context, considering the potential of the internet to bring changes to societies and economies, the question of internet access as a basic right could bear merit. As per a World Bank report, there were 499,000 internet users in Nepal in 2008. These numbers have certainly increased. According to the Nepal Telecom authority, internet penetration had reached 28.92 percent in Nepal as of November 2013.

However, along with the spread of the internet, a new avenue for crime has also evolved. A worldwide nuisance already, cybercrimes in Nepal are rising as the Internet becomes more commonplace. The Nepal Police’s Crime Inv…