Rights-Respecting Digital Governance for Nepal
Consolidated Youth Position Paper and Advocacy Statement by the Youth Advocates for Digital Rights Cohort 2026
Nepal is building a digital state faster than it is building the law and the institutions to govern it. The Youth Advocates for Digital Rights Cohort 2026 has set out a shared position on how to close that gap: through a standalone data protection law, an independent regulator, and clear legal limits on blocking, shutdowns and state access to data.
The paper brings together the work of the cohort’s three working groups, drafted during the programme Open Internet Nepal ran in September and October 2026. It is addressed to the Ministry of Communication and Information Technology, the parliamentary committee responsible for IT and communications, the National Cyber Security Centre, the Nepal Telecommunications Authority, Nepal Rastra Bank and the National Human Rights Commission.
Why This Moment Matters
There is currently no digital governance bill before Parliament. The Information Technology and Cyber Security Bill, 2082 lapsed when the House was dissolved in September 2025, and the Social Media Bill, 2081 was moved for withdrawal in February 2026. What remains in force is the Electronic Transactions Act, 2063, the Social Media Management Directive, 2080 and the Individual Privacy Act, 2075, which protects privacy but does not regulate data.
The cohort argues that this vacuum is the opportunity. The period before a new bill is written is when structural change is cheapest to ask for and hardest to refuse.
What the Cohort Is Asking For
The paper calls on the Government and Parliament to:
Enact a standalone Data Protection Act, separate from cyber security, and create an independent Data Protection Authority with administrative enforcement powers.
Legislate against arbitrary blocking and internet shutdowns, requiring any narrower restriction to have an express legal basis, published reasons, a stated duration, judicial review and a route of appeal for users.
Repeal or narrow Section 47 of the Electronic Transactions Act, 2063, replacing it with precisely defined offences for specific harms.
Bring state data processing inside the regime, with judicial, necessity and proportionality controls on state access to data.
Replace blanket data localisation with risk-based transfer rules, phased on a published timetable.
Build the framework through a genuine multistakeholder process, with standing seats for youth, civil society, journalists, academia, the private sector and the technical community.
Alongside these, the paper sets out twelve measures that need no new legislation and could begin now, from designating the authorised official under the Privacy Act to publishing the legal basis of any blocking order in force.
Read the Full Paper
The complete paper (13 pages) covers the rights framework, an application of the three-part test to the September 2025 blocking order, an analysis of the current and lapsed laws, lessons from comparable countries and the full set of recommendations.
The Youth Advocates Behind the Paper
| Group | Output | Members |
|---|---|---|
| Group 1 | Position Paper: Securing Nepal’s Digital State | Anuska Basnet, Aakash Rana, Dhirendra Singh Dhami, Swosti Bastola, Samikshya Pariyar, Sahara Sapkota |
| Group 2 | Outcome Paper: What the Programme Changed | Deepshikha Pandey, Bidhisha Mishra, Sankalpika Thapa, Saugat Dhakal, Suresh Bam, Umanga Lohani |
| Group 3 | Advocacy Statement: Strengthening Digital Rights and Internet Governance in Nepal | Adv. Rabina K.C., Tejesh Mishra, Suman Shrestha, Pralav Parajuli, Chahana Shrivastav, Krishna Mohan Singh, Ujjwol Dhakal, Jyotsana Shah |
