The Nepalese government is preparing to potentially lift its ban on the social media platform TikTok, following repeated inquiries from Chinese officials. This reconsideration comes after months of diplomatic pressure and commitments from TikTok to comply with local regulations.
On November 9, 2023, Prime Minister Pushpa Kamal Dahal Prachanda’s government introduced social media regulation guidelines, mandating that social networks register in Nepal and establish a local point of contact. Shortly thereafter, on November 13, 2023, the Council of Ministers decided to ban TikTok, citing concerns over the spread of social discord and violations of social dignity.
Before this decision, Prime Minister Prachanda had consulted with major political parties, including Congress and UML, which led to their tacit support for the ban. However, TikTok has since provided written assurances of its commitment to abide by all Nepalese laws and conditions, repeatedly requesting the removal of the ban.
Chinese Ambassador to Nepal, Chan Song, has consistently raised concerns about the TikTok ban in various political meetings, adding a layer of diplomatic complexity to the issue.
Recent developments indicate a shift in the government’s stance. According to sources from the Prime Minister’s Office, Prime Minister KP Sharma Oli has instructed officials to prepare the groundwork for potentially lifting the TikTok ban. He has directed the Ministry of Communications and his team to review TikTok’s commitments and present necessary proposals to the Cabinet, emphasizing that social media should not face undue restrictions.
An official from the Prime Minister’s Office stated, “Since geopolitics are also connected with TikTok’s ban, it is difficult to make a decision. But now the Prime Minister is in favor of not keeping this ban for a long time. Soon, the Council of Ministers may decide to lift the ban.”
Prime Minister Oli has also sought agreement from the leadership of the ruling partner Nepali Congress to remove the ban on TikTok. Sources suggest that the Congress party is viewing this proposal positively, increasing the likelihood of the ban being lifted.
TikTok has been proactive in its efforts to have the ban removed. In the past nine months, the company has sent eight letters to the Nepalese government. Most recently, the Public Policy and Government Relations Unit of TikTok South Asia wrote to Communications Minister Prithvi Subba Gurung, reiterating their commitment to comply with all Nepalese laws.
On May 17, Ferdous Mottakin, Head of Public Policy and Government Relations of TikTok South Asia, addressed a letter to the Office of the Prime Minister and Council of Ministers, as well as the Ministry of Home Affairs and the Ministry of Communication. The letter outlined various efforts made by TikTok to address the government’s concerns and claimed that the ban had negatively impacted government revenue.
TikTok has made several commitments to address the issues raised by the Nepalese government:
- Appointing a focal point (contact person) to directly address Nepal’s concerns about content on the platform.
- Improving content filtering and moderation by incorporating Nepali language sources.
- Launching a nationwide internet safety and digital literacy campaign.
- Assisting in the digitization of educational materials for students.
- Allocating 60 staff members to monitor compliance with TikTok’s ‘social guidelines’ in Nepal.
- Providing the Nepalese government access to the ‘Trust and Safety Enforcement Tool (TSET)’ system for reporting content that violates local laws.
- Registering as a digital service taxpayer in Nepal.
- Removing millions of videos that violate community guidelines.
The ban on TikTok has faced legal challenges, with about a dozen cases filed in the Supreme Court arguing that it infringes on constitutional rights to freedom of speech and expression. On November 21, 2023, Justice Binod Sharma issued a show-cause order to the government without granting an interim order. A new hearing for this case is scheduled for September 26, 2024.
It’s worth noting that TikTok faces restrictions in various countries worldwide. India imposed a complete ban in 2020, while the United States has implemented limited bans, particularly for government employees and devices. Currently, more than 30 countries have partial or complete bans on TikTok.
As Nepal reconsiders its stance on TikTok, the government must balance concerns over content regulation, digital rights, and international relations. The final decision will likely have significant implications for Nepal’s digital landscape and its relationships with both China and other global partners.
