Criminalization Of Stalking And Harassment In Digital Spaces In Nepal
1. Case 1: Fake Social Media Profile and Online Blackmail
Facts:
A young woman was repeatedly harassed by a man who created a fake Facebook profile in her name. Using the profile, he sent obscene messages, photos, and blackmail threats to her contacts. The sustained harassment caused the victim severe mental distress, ultimately leading her to attempt suicide.
Legal Issues:
Whether creating a fake social media profile and using it to harass and blackmail someone constitutes a criminal offense under ETA or MCC.
Whether repeated digital harassment amounts to abetment of suicide.
Judicial Reasoning:
The court held that the accused’s acts constituted both harassment under ETA Section 47 and abetment under MCC provisions for inciting self-harm.
The creation of a fake profile and use of electronic media to harass the victim demonstrated a pattern of repeated harassment, fulfilling the elements of a criminal act.
Outcome:
The accused was sentenced to imprisonment for six months and fined.
Additionally, the court ordered mandatory counseling and monitored compliance with digital restrictions.
Significance:
This case established that online harassment via fake profiles can attract criminal liability in Nepal, even in the absence of a dedicated cyberstalking law.
2. Case 2: Sextortion via Messaging Apps (Kathmandu District)
Facts:
The accused engaged in sending sexually explicit messages and threatening to share private videos of the victim unless she complied with demands. The harassment lasted several months and included threats on social media platforms.
Legal Issues:
Whether electronic threats and coercion fall under the ETA’s scope.
How courts assess repeated acts of harassment versus a single isolated incident.
Judicial Reasoning:
The court relied on evidence including chat logs, screenshots, and witness testimony to establish repetition and intent to intimidate.
Threats combined with the non-consensual sharing of intimate content were held to be criminal harassment under ETA and constituted an attempt to coerce the victim.
Outcome:
The accused was sentenced to two years imprisonment and ordered to pay compensation to the victim.
This case reinforced that coercion via digital media is punishable, especially when targeting the victim’s dignity and safety.
3. Case 3: Cyber Harassment by a Former Partner (Lalitpur District)
Facts:
A woman complained that her ex-boyfriend created multiple fake social media accounts to repeatedly contact her, send abusive messages, and defame her by posting false information online.
Legal Issues:
Does persistent harassment by a former partner through electronic media constitute stalking?
Can defamatory posts online be prosecuted under ETA or MCC?
Judicial Reasoning:
The court determined that repeated contact with intent to threaten, intimidate, or damage reputation constitutes criminal harassment, even if there is no direct physical threat.
Online defamation, in combination with repeated messaging, was treated as a pattern of harassment sufficient for criminal liability.
Outcome:
The accused was sentenced to one year imprisonment and ordered to remove all online posts.
The court emphasized the use of digital media to perpetuate harassment as aggravating circumstances.
Significance:
This case clarified that persistent online contact from former intimate partners, combined with defamation, can constitute criminal harassment in Nepal.
4. Case 4: Harassment via Repeated Threatening Calls and Messages (Koshi Province)
Facts:
The accused repeatedly sent threatening SMS messages and made multiple phone calls to the victim over a period of six months, demanding money and threatening physical harm. The harassment caused the victim to live in fear and affected her daily life.
Legal Issues:
Whether repeated threatening messages and phone calls constitute harassment under Nepali law.
How to establish intent and pattern of harassment through electronic communication.
Judicial Reasoning:
The court found that persistent threats via mobile phone and electronic media fall under ETA Section 47 and MCC provisions on intimidation and harassment.
Evidence such as call logs, message records, and testimony was critical in establishing repetition and intent.
Outcome:
The accused received imprisonment of one and a half years and a monetary fine.
The court also issued an order restraining the accused from contacting the victim through any medium.
Significance:
This case demonstrates the court’s approach to harassment that spans both electronic and telephonic communication, treating it as a serious criminal offense.
5. Case 5: Online Harassment and Character Assassination (Kathmandu Metropolitan Area)
Facts:
An individual repeatedly posted false and defamatory content about the victim on social media, tagged her friends, and spread rumours affecting her reputation. The harassment included personal threats, impersonation, and intimidation online.
Legal Issues:
Whether social media defamation combined with harassment constitutes a criminal offense.
How courts differentiate between free speech and criminal harassment.
Judicial Reasoning:
The court considered repetition, intent to defame, and threat to victim’s mental well-being as essential elements of criminal harassment.
Online impersonation and spreading false information were treated as aggravating circumstances under ETA.
Outcome:
The accused was sentenced to one year imprisonment and ordered to remove all online content.
Court recommended psychological support for the victim due to the sustained online harassment.
Significance:
This case illustrates that online character assassination combined with repeated harassment can be prosecuted effectively under Nepalese law, emphasizing the courts’ recognition of digital threats to personal safety and dignity.
Key Takeaways from Nepalese Jurisprudence
Electronic Transactions Act (ETA) is central for prosecuting digital harassment, even in the absence of a specific cyberstalking law.
Pattern and repetition are critical: a single message is insufficient; the harassment must be sustained or repeated.
Evidence matters: Chat logs, screenshots, call records, and witness testimony are crucial for establishing digital harassment.
Harassment can be physical or digital: Courts recognize threats, intimidation, or defamation via online channels as criminal.
Punishments vary but often include imprisonment and fines, along with orders to remove content or restrain the harasser.
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