CONSTITUTIONAL FRAMEWORK IN NEPAL . THAT SUPPORTS CYBER LAW AND DIGITAL RIGHTS

Cyber laws and policy signifies the legal regulations and frameworks governing digital activities.
It covers a large range of issues, including online communication, e-commerce, digital privacy, and the prevention of cybercrimes.

1. THAT SUPPORTS CYBER LAW AND DIGITAL RIGHTS Dikshant Acharya 12th August 2024 CONSTITUTIONAL FRAMEWORK IN NEPAL

2. INTRODUCTION Cyber laws and policy signifies the legal regulations and frameworks governing digital activities. It covers a large range of issues, including online communication, e-commerce, digital privacy, and the prevention of cybercrimes.

3. PROVISION OF PATENT, DESIGN, AND TRADE MARK ACT, 2022 ( 1956 ) For the convenience and economic benefit of the general public This act has made legal arrangements in respect to patents, designs and trade-marks

4. THE COPYRIGHT ACT, 2059 (2002) It prohibits people from copying and modifying the original work of others, and using it for their own advantage or economic benefits. This act has provision relating to Infringement of protected right and punishment This act protects the copyright of ideas, including a computer program.

5. ELECTRONIC TRANSACTIONS ACT (ETA), 2063 (2006): It includes the provision relating to electronic records and digital signature, receipt and acknowledgement of electronic records, provision relating to Controller and Certifying Authority, listed the offenses and its punishments, ETA is Nepal's first cyber law. Prior to this law, cybercrime was regulated by The National Criminal (Code) Act

6. CONSTITUTION OF NEPAL 2072(2015) Article 19 as Right to Information, Article 27 as Right to Communication, Article 28 as Right to Privacy are the fundament rights of the citizens guaranteed by the constitution which bears some relation to the cyber activity of the Nepalese citizen

7. THE INDIVIDUAL PRIVACY ACT, 2018 One cannot transfer personal data of individual to anyone without the consent of the owner. If transferred, the Act prescribes a general punishment for violation of privacy as 3 years of imprisonment, or a fine of NPR 30,000, or both This act is the first legislation in Nepal to safeguard the right to privacy of its people.

8. INFORMATION TECHNOLOGY BILL, 2075 (2019) Although it was registered as a bill in the House of Representatives on February 14, 2019, the Bill is yet to be finalized Information Technology Bill, 2075 (IT Bill) is in the process of being passed to replace the ETA (2008) as the framework law related to cyberspace.

9. ONLINE CHILD SAFETY GUIDELINES, 2076 It gives guidelines for ISPs and Mobile Network Operators to be followed such that the contents are suitable for children. Guidelines number 26 assigns NTA to develop Online Child Abuse Complaints System Issued by NTA to minimize and mitigate abuse of child through ICT and to create safe internet environment

10. CYBER SECURITY BYELAW, 2077 (2020) it is a mandatory cybersecurity regulation for Telecommunication Service Providers (TSPs) and Internet Service Providers (ISPs) to systematically implement security standards and best practices To protect ICT from various malicious attacks and threats; and build trust and confidence of users towards using ICT technology and services.

11. CONCLUSION It provides the legal basis for data protection laws and regulations that govern the collection, storage, and processing of personal data, ensuring individuals maintain control over their digital information. Additionally, the framework imposes checks and balances on government surveillance, requiring that such activities are subject to legal scrutiny and often judicial oversight, thus protecting individuals from unauthorized intrusions into their digital lives. The constitutional framework safeguards privacy and digital life by enshrining fundamental rights such as the right to privacy and freedom of expression, which extend to the digital realm

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