Criminal Liability For Misuse Of Social Media To Spread Fake News
I. Legal Framework in Nepal
Criminal liability for spreading fake news or misinformation on social media in Nepal generally falls under the following provisions:
Electronic Transactions Act, 2063 (2006)
Section 47: Punishes creating, distributing, or publishing false electronic data that may cause harm to individuals, society, or the state.
Penalties: Fine or imprisonment up to 5 years depending on severity.
National Cyber Security and Crime Regulations, 2076 (2019)
Provides detailed guidance for cybercrime investigation and evidence collection.
Offences Under the Muluki Criminal Code, 2017 (Nepal Penal Code)
Section 35: Publishing false news that causes panic, disrupts public peace, or harms national security.
Sections 56-57: Defamation or spreading false information affecting reputation or public interest.
Other Related Laws
Civil and criminal remedies for defamation, public mischief, or incitement to violence.
II. Detailed Case Examples
Case A: Fake Rumor of Epidemic Spread (Kathmandu, 2021)
Facts:
A Facebook user circulated messages claiming that a new viral outbreak had begun in Kathmandu and that hospitals were overwhelmed. The messages caused panic and led to unnecessary hoarding of medical supplies.
Legal Provisions Invoked:
Electronic Transactions Act, Section 47
Muluki Criminal Code, Section 35
Prosecution Reasoning:
The post was verified as false by health authorities.
Spreading the message led to public panic and potential harm to public health.
Outcome:
User arrested and fined NPR 50,000.
Social media account temporarily suspended.
Significance:
First case linking public health misinformation to criminal liability in Nepal.
Case B: Fake Election Results Rumor (2020)
Facts:
A local news page on Facebook claimed that early election results showed manipulation in favor of a particular party, which led to protests and traffic blockades.
Legal Provisions Invoked:
Muluki Criminal Code, Section 35 (incitement of public unrest)
Electronic Transactions Act, Section 47
Prosecution Reasoning:
Misinformation could disrupt law and order.
Page administrator did not verify sources before posting.
Outcome:
Administrator arrested; website page blocked for 30 days.
Ordered public apology to restore peace.
Significance:
Shows liability for political misinformation with potential social unrest.
Case C: Fake Celebrity Death News (Pokhara, 2019)
Facts:
A Twitter user posted that a popular Nepali actor had died in a car accident. Media outlets and followers shared it widely, causing distress and media confusion.
Legal Provisions Invoked:
Muluki Criminal Code, Section 56 (defamation, causing emotional distress)
Electronic Transactions Act, Section 47
Prosecution Reasoning:
Verified as false; news was fabricated intentionally for social media attention.
Harm was primarily emotional and reputational.
Outcome:
Fine of NPR 25,000 and community service.
Social media platform warned to remove post.
Significance:
Establishes accountability for spreading false information about individuals.
Case D: Fake COVID-19 Cure Promotion (2020)
Facts:
An individual shared posts claiming a herbal drink could cure COVID-19. Several people reported using it, and one person was hospitalized due to misuse.
Legal Provisions Invoked:
Electronic Transactions Act, Section 47
Muluki Criminal Code, Section 35
Prosecution Reasoning:
False health claims caused public harm.
Posts went viral and influenced behavior.
Outcome:
Arrest and imprisonment for 3 months.
Posts removed and public warning issued.
Significance:
Demonstrates how spreading fake news with health consequences attracts criminal liability.
Case E: Fake Land Seizure Alert (Biratnagar, 2018)
Facts:
A Facebook post claimed government authorities were seizing land in a local area. People gathered and protested, leading to minor clashes.
Legal Provisions Invoked:
Muluki Criminal Code, Section 35 (public mischief)
Electronic Transactions Act, Section 47
Prosecution Reasoning:
Verified as false.
Post triggered panic and potential law and order problems.
Outcome:
Arrest of poster; fine and community service.
Post removed and public correction issued.
Significance:
Illustrates criminal liability for fake social media alerts affecting public order.
Case F: Fake Job Offer Scam (2021)
Facts:
Several individuals posted fake job advertisements on social media claiming government positions with application fees. People paid fees but no jobs existed.
Legal Provisions Invoked:
Electronic Transactions Act, Section 47
Fraud and cheating provisions of Nepali Penal Code
Prosecution Reasoning:
Misrepresentation intended for monetary gain.
False social media posts caused financial harm.
Outcome:
Arrests of perpetrators; restitution ordered to victims.
Social media accounts suspended.
Significance:
Demonstrates criminal liability where fake news is used for personal gain.
III. Key Observations
Intent and Impact Matter: Liability arises when posts are knowingly false and have potential or actual harm.
Public Order, Health, Reputation: Common targets of fake news include elections, health crises, celebrity news, and scams.
Multiple Laws Apply: Electronic Transactions Act and Penal Code provisions often overlap in enforcement.
Punishments: Range from fines, temporary social media restrictions, community service, to imprisonment.
Preventive Measures: Courts sometimes order public correction or apology in addition to penal sanctions.
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