Research On Cyber Sovereignty And Criminal Liability In Nepal
1. Online Harassment and Cyberstalking Case (Kathmandu, 2019)
Facts:
A young woman reported repeated harassment on social media. The offender created fake profiles, circulated her private photos, and sent threatening messages.
Legal Issues:
Violation of Electronic Transactions Act (ETA) 2063, Section 47, which criminalizes online harassment, defamation, and threats.
The offender used digital platforms to harm reputation and privacy.
Evidence collection involved retrieving social media logs and IP addresses.
Outcome:
Cyber Bureau investigated, identified the offender, and filed charges.
Court convicted the offender: 2 years imprisonment and a fine.
Significance:
First major prosecution in Kathmandu showing enforcement of ETA against online harassment.
Demonstrated Nepal’s cyber‑sovereignty: jurisdiction applied even though the platform was foreign-hosted.
2. Unauthorized Recording of Client Conversations (Kathmandu, 2020)
Facts:
An employee secretly recorded client conversations in a financial company and sold recordings to competitors.
Legal Issues:
Penal Code 2074, Section 293 – unauthorized listening and recording.
ETA provisions for misuse of electronic devices.
Corporate liability was considered for enabling employee misconduct.
Outcome:
Employee: 2 years imprisonment + fine.
Company: Corporate fine and restitution.
Significance:
Showed overlap between cyber‑crime law and general criminal law.
Reinforced accountability for corporate misuse of technology.
3. Social Media Platform Non-Compliance Case (2021)
Facts:
Foreign social media platforms operating in Nepal refused to register with the government as required by regulations asserting Nepal’s cyber-sovereignty.
Legal Issues:
State regulation under the Cyber Laws of Nepal: local registration, compliance with Nepali rules.
Liability of platforms for hosting content violating Nepalese law.
Outcome:
Government threatened blocking of non-compliant platforms.
Some platforms registered and complied; others faced partial restrictions.
Significance:
Landmark case in asserting cyber‑sovereignty.
Signaled that platforms could face legal consequences for non-compliance.
4. Phishing and Cross-Border Financial Fraud (Pokhara, 2021)
Facts:
A gang outside Nepal created fake websites targeting Nepali citizens’ banking credentials. Money was transferred to foreign accounts.
Legal Issues:
ETA Section 55: extraterritorial jurisdiction over offences affecting Nepali systems.
Unauthorized access, identity theft, and online financial fraud.
Outcome:
Domestic accomplices arrested and convicted.
Cross-border suspects traced but prosecution complicated due to international jurisdiction.
Significance:
Demonstrated Nepal asserting jurisdiction for cybercrimes impacting its citizens.
Highlighted challenges in digital forensics and cross-border prosecution.
5. Government Website Hack (2022)
Facts:
Hackers gained unauthorized access to government websites, leaking citizen data and disrupting services.
Legal Issues:
ETA & Penal Code: unauthorized access to electronic systems, cyber sabotage, threat to national security.
State responsibility for protecting digital infrastructure.
Outcome:
Domestic accomplices arrested and prosecuted.
Incident prompted government to propose stricter cyber‑security legislation.
Significance:
Highlighted the intersection of cyber‑sovereignty and criminal liability.
Showed need for enhanced capacity in cyber forensics and regulation.
6. Online Defamation of Public Official (Lalitpur, 2023)
Facts:
An individual posted false accusations of corruption against a public official on social media.
Legal Issues:
ETA Section 47 – publication of illegal material online.
Penal Code – defamation/insult provisions.
Balancing freedom of speech with cyber regulation.
Outcome:
Conviction: 1 year imprisonment + fine.
Content removed from the platform; user account suspended.
Significance:
Enforced criminal liability for online defamation.
Showed Nepal’s approach to regulating online speech while asserting jurisdiction over digital content.
7. Blackmail via Social Media Messaging (Bhaktapur, 2022)
Facts:
An offender threatened to leak private photos of victims unless they paid money. The victims were Nepalese citizens.
Legal Issues:
ETA Section 47 – online extortion, harassment, misuse of electronic devices.
Penal Code – criminal intimidation and extortion.
Outcome:
Arrest and conviction: 1.5 years imprisonment + fine.
Digital evidence from messaging apps admitted in court.
Significance:
Reinforced Nepal’s capacity to prosecute cyber-extortion.
Example of cyber‑sovereignty enforcement: local courts applied domestic law even when messaging apps were hosted abroad.
✅ Key Takeaways from These Cases:
Nepal is asserting cyber-sovereignty through regulation and prosecution of foreign and domestic actors in its digital space.
Criminal liability extends to a wide range of cyber-offences: harassment, defamation, financial fraud, data theft, hacking, blackmail.
Extraterritorial jurisdiction is being applied in cases affecting Nepali systems.
Overlap of laws: ETA, Penal Code, and draft IT Bills cover cybercrime comprehensively.
Challenges remain: technical expertise, evidence collection, cross-border prosecutions, balancing rights vs regulation.
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