Wednesday, May 3, 2017

Nepali Cyber Law

Cyber law is the law that governs the legal issues related to the use of the internet. Similarly, it also includes other communication technology like intellectual property, privacy, freedom of expression and jurisdiction. Since there has been a rapid development in the field of technology, a cyber law has become an essential part to control any unnecessary activity related to it. Generally, cyber law comprises of:
  • Electronic and digital signature
  • Cybercrime
  • Intellectual property
  • Patents for inventions
  • Trademark
  • Copyrights
  • Internet Gambling
  • Privacy
  • Defamation
Cyber law of Nepal
The globalization has helped Nepal to advance in the field of communication and internet. With the evolution of new technology, there have been a large number of crimes related to the internet. So, cyberlaw has been an essential issue in Nepal. Currently, there are following major acts related to information and communication issues:
  1. Press and Publication Act 2048
  2. Nepal Press Council Act 2048
  3. National Transmission Act 2049
  4. Journalists Act 2051
  5. Detective Act 2018
  6. Document Privacy Act 2039
  7. Patent, Design and Trademark Act 2022
  8. Copyright Act 2059
  9. Film Act 2026
After there has been a massive demand from the IT professionals, entrepreneurs, policy makers and legal eagles, Nepal government has finally crafted the cyber law as Electronic Transaction and Digital Signature Act – Ordinance (ETDSA) – 2061. Following are the some of the important key features of cyber law of Nepal:
  1. Any tasks of deleting, stealing and altering the computer sources; publishing illegal materials, breaking privacy etc have been described as cybercrime. Anyone doing such activities will be brought under judiciary inquiry.
  2. The law states that government has right to punish cyber criminals.
  3. They may be sentenced up to two years of imprisonment or fine up to Rs two lakh or both.
  4. If anyone found publishing wrong information in websites, then one have to pay NRs one lakh or five years of imprisonment or both.
  5. Anyone helping in such crimes will be given the half punishment compared to the criminal.
Since the government of Nepal has issued cyber law and started to legalize the related issues, following are some of the major cyber crimes in Nepal.
  1. Social media
Nowadays, there have been lots of reports related to social media crimes that includes fake profile, intentionally harming the character of a person, porn activities, fake news etc.
  1. Piracy
Piracy means making a duplicate copy of an original. In recent days, there has been a rapid increase in piracy without having any authorisation.
  1. Email threat
If anyone sends an intentional threat to life through email, then he/she may be bound by the cyber law of Nepal.
  1. Website hacking
Taking control of websites without any permission is termed as website hacking. If anyone is found in such activity, he/she may be punished as per cyber law of Nepal.
Though cyber law has been implemented in Nepal, there have been certain drawbacks. Some of them are listed below:
  • There is a lack of proper definition and provision related to intellectual properties.
  • There is no any provision regarding domain name battles.
  • There is no any provision for keeping the record of cyber cafes through which most crimes are originated.
Since the cyber law in Nepal is emerging, we hope in coming days, it will include all the missing part and helps to create a crime free cyber.
Source: WapNepal

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