The Nepalese government has been instructed by the Supreme Court (SC) to draft legislation governing social media platforms. A joint bench of Justices Sapana Pradhan Malla and Til Prasad Shrestha issued this direction after a thorough hearing on petitions challenging the government's previous ruling to outlaw TikTok.
The government's decision to restore TikTok on August 23, 2024, overturning the ban that was originally scheduled for November 12, 2024, led to the directive. One of the petitioners, attorney Ananta Raj Luitel, claimed that this reversal made the court decide that no writ of mandamus was required. The specifics of the order were noted by the judges in their court diaries, and the material has been made available on the official website of the SC.
Prominent petitioners, such as attorneys Ananta Raj Luitel, Pratibha Upreti, and Bishal Thapa, filed fourteen writ cases challenging the TikTok ban. The petitioners claimed that Article 17(2)(a) of the Constitution guaranteed the right to freedom of expression was violated by the government's action.
The freedom of thought and speech is protected by Article 17(2)(a), and printing and transmitting content in any format, including electronic media, should not be completely prohibited, according to Article 19(1). The petitioners insisted that the restriction should be lifted for constitutional reasons, citing the illegality of the government's conduct.
The SC's directive in response to the petitions highlights the necessity of a regulatory framework that respects constitutional rights while addressing the intricacies of social media. This indicates that the court understands how digital communication is changing and how it affects society.
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