In a notable shift in Nepal’s digital policy, the Nepal Telecommunications Authority (NTA) has mandated the removal of the TikTok ban imposed last year.
The directive, which aligns with a recent Cabinet decision, marks a significant policy reversal under the new administration led by Prime Minister KP Sharma Oli.
This development comes after widespread criticism and legal challenges against the previous ban enforced by former Prime Minister Pushpa Kamal Dahal’s government.
Cabinet Decision and NTA Directive
On August 22, the Nepal Cabinet, under the leadership of Prime Minister KP Sharma Oli, decided to lift the ban on TikTok.
This move was promptly followed by a notice from the NTA instructing all Internet Service Providers (ISPs) to remove the restrictions previously placed on the popular Chinese video-sharing app.
The ban, which had been in effect since November 2023, was part of a broader set of regulations introduced to control social media content.
The NTA’s statement clarified, “As per the government’s decision, made during the Cabinet meeting on August 22, to lift the ban on TikTok, the Nepal Telecommunications Authority has issued directives to all relevant internet and mobile service providers to remove the restriction until further notice.” This directive is authorized under Section 15 of the Telecommunications Act, 1997, which allows the authority to regulate telecommunications services in Nepal.
Background of the Ban and Its Reversal
The initial ban on TikTok was imposed by Dahal’s administration in response to complaints regarding the misuse of the platform. In November 2023, the government had introduced the “Directives on the Operation of Social Networking 2024,” a set of guidelines aimed at regulating various social media platforms, including TikTok, Facebook, X, YouTube, and Instagram.
These directives outlined 19 specific prohibitions intended to address content-related issues and the lack of official representatives from social media companies in Nepal.
However, the ban faced considerable backlash. Critics, including users and legal experts, argued that it infringed on freedom of expression. This led to 14 writ petitions being filed in Nepal’s Supreme Court challenging the government’s decision.
Although the court did not issue an immediate stay order, the hearing on these petitions is ongoing.
The reversal of the ban came with a change in political leadership. The new alliance between KP Sharma Oli’s Communist Party of Nepal (Unified Marxist-Leninist) (CPN-UML) and the Nepali Congress led to a reassessment of the policy.
On August 22, Oli’s government decided to lift the ban, citing ByteDance’s commitment to comply with local regulations as a key factor.
ByteDance’s Compliance and Future Regulations
Following the government’s decision, ByteDance, the parent company of TikTok, has been given a three-month deadline to adhere to specific terms set by Nepali authorities.
This agreement is part of the government’s effort to ensure that the platform operates in accordance with local rules and regulations. With around two million users in Nepal, the resumption of TikTok’s operations is a significant development for both the company and its user base.
The lifting of the ban represents a crucial balancing act between regulating social media and protecting freedom of expression. Despite the ban’s reversal, the Supreme Court is still expected to review the petitions challenging the restriction. The court’s final ruling will be pivotal in shaping the future governance of social media platforms in Nepal and could set a precedent for similar cases in the future.
Impact and Future Outlook
The decision to lift the TikTok ban highlights the evolving nature of social media regulation in Nepal. The previous administration’s decision to impose the ban was driven by concerns over societal harmony and the misuse of the platform.
However, the current government’s approach reflects a willingness to accommodate global tech companies while ensuring compliance with local regulations.
The ongoing Supreme Court case will be closely monitored, as it may influence how other social media platforms are regulated in Nepal and potentially in other countries with similar issues.
The court’s ruling could also impact future interactions between national governments and international tech firms, particularly in terms of regulatory compliance and freedom of speech.
In summary, Nepal’s decision to lift the TikTok ban marks a significant policy shift that addresses both regulatory concerns and freedom of expression.
The next steps for ByteDance and the Supreme Court’s eventual ruling will be crucial in determining the future landscape of social media in Nepal.
