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 rapid development in the field of technology, cyber law has become an essential part to control any unnecessary activity related to it. Generally, cyber law comprises of:
- Electronic and digital signature
- Intellectual property
- Patents for inventions
- Internet Gambling
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Cyber law of Nepal
Globalization has helped Nepal to advance in the field of communication and the internet. With the evolution of new technology, there have been a large number of crimes related to the internet. So, cyber law has been an essential issue in Nepal. Currently, there are the following major acts related to information and communication issues:
- Press and Publication Act 2048
- Nepal Press Council Act 2048
- National Transmission Act 2049
- Journalists Act 2051
- Detective Act 2020
- Document Privacy Act 2039
- Patent, Design, and Trademark Act 2022
- Copyright Act 2059
- Film Act 2026
After there has been massive demand from IT professionals, entrepreneurs, policymakers, and legal eagles, the Nepal government has finally drafted the cyber law as Electronic Transaction and Digital Signature Act – Ordinance (ETDSA) 2061 (15 September 2004). The Electronic Transactions Act, 2063 (2008) points out the laws and acts on Cybercrime in Nepal and defines the penalties that apply. Following are some of the important key features of the cyber law of Nepal:
- Any tasks of deleting, stealing, and altering computer sources; publishing illegal materials, breaking privacy, etc have been described as cybercrime. Anyone doing such activities will be brought under judiciary inquiry.
- The law states that government has the right to punish cyber criminals.
- They may be sentenced to up to two years of imprisonment or fined up to Rs two lakh or both.
- If anyone is found publishing wrong information on websites, then one has to pay NRs one lakh or five years of imprisonment or both.
- Anyone helping in such crimes will be given the half punishment compared to the criminal.
Cyber law of Nepal section 45
Cyber law of Nepal sections 46 and 47
Cyber law of Nepal sections 48 and 49
See full pdf of cyber law in Nepal
Major cyber crimes in Nepal
Since the government of Nepal has issued cyber law and started to legalize the related issues, the following are some of the major cyber crimes in Nepal.
- Social media
Nowadays, there have been lots of reports related to social media crimes that include fake profiles, intentionally harming the character of a person, unsocial activities, fake news, etc.
Piracy means making a duplicate copy of an original. In recent days, there has been a rapid increase in piracy without any authorization.
- Email threat
If anyone sends an intentional threat to life through email, then he/she may be bound by the cyber law of Nepal.
- Website hacking
Taking control of websites without any permission is termed website hacking. If anyone is found in such activity, he/she may be punished as per the 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 definitions and provisions related to intellectual property.
- There is no provision regarding domain name battles.
- There is no provision for keeping a record of cybercafes through which most crimes originated.
Since the cyber law in Nepal is emerging, we hope in the coming days, it will include all the missing part and helps to create a crime-free cyber. Learn how to report cybercrime in Nepal.
When was cyber law introduced in Nepal?
Nepal drafted the cyber law as Electronic Transaction and Digital Signature Act – Ordinance (ETDSA) 2061 on 15 September 2004.
What is cyber law in Nepal?
Cyber law in Nepal is the law that protects people from cyber crime.
Why cyber law is important?
Cyber law is the body of law that deals with crimes committed online or via other electronic means. This can include everything from identity theft and fraud to hate speech and cyberbullying.
While some people may think that cyber law isn’t necessary because “it’s just the internet,” the reality is that the internet is now an essential part of our lives. We use it for work, school, shopping, banking, and socializing. As such, it’s important to have laws in place that protect us from criminals who would take advantage of this technology.
There are many different aspects to cyber law, but some of the most important include data protection, privacy rights, and freedom of expression.