Registration of Social Media Platform in Nepal

This article covers the registration process, legal requirements, and compliance obligations for social media platforms operating in Nepal under the Social Media Directives, 2023. It explains where and how to register, the documents required, the classification of platforms, and the penalties for non-compliance. it outlines prohibited activities, the role of the Social Media Management Unit, and the requirement to establish a Point of Contact in Nepal.

1. What is the Social Media Directives, 2023?

The Social Media Directives, 2023, enacted on November 27, 2023, regulate the enlistment, operation, and use of social media platforms in Nepal. It was introduced by the Ministry of Communication and Information Technology (MoCIT) to govern social media activities, prevent misuse, and ensure accountability. The Directives make it mandatory for social media platforms to register with the Ministry if they operate in Nepal. Non-compliance may lead to a ban on operations within Nepal.

2. Where Should Social Media Platforms Register?

Social media platforms operating in Nepal must register with the Ministry of Communication and Information Technology (MoCIT). The registration application can be submitted online or physically at the Ministry’s office. The designated email for online applications is snru@mocit.gov.np.

For foreign companies, a Point of Contact must be established in Nepal either through a local office or a designated contact person.

3. What is the Registration Process for Social Media Platforms?

The registration process follows these steps:

1. Submit an application (online or offline) in the prescribed format.
2. Attach required documents (as per the applicant’s jurisdiction).
3. Review by Social Media Management Unit within the Ministry.
4. Approval and enlistment as a registered social media platform.

If the platform fails to register within the deadline, it may face operational restrictions.

4. What Documents Are Required for Registration?

For Nepal-based companies:

• Memorandum & Articles of Association
• Company Registration Certificate
• PAN/VAT Certificate
• Tax Clearance Certificate
• Company Renewal Letter
• Board Resolution for Enlistment
• Shareholder and Board of Directors’ Details
• Privacy & Data Usage Policies
• Technical & Security Compliance Documents
• Grievance Handling Mechanism

For Foreign Companies:

• Company Registration Certificate
• PAN/VAT Registration (if applicable)
• Tax Clearance Documents
• Authorized Representative’s Passport
• Video KYC of Representative
• Privacy, Security & Technical Policies
• Standards for User Conduct
• Grievance Redressal Mechanism

5. What is the Timeframe for Registration?

The Social Media Directives mandate that all existing platforms operating in Nepal must register in Nepal. New social media platforms must register before starting operations in Nepal.

The registration process may take several weeks depending on the verification process and documentation review by the Social Media Management Unit.

6. What are the Requirements for Social Media Registration

To register a social media platform in Nepal, the following conditions must be met:

• The platform must operate in Nepal or provide services to Nepalese users.
• Compliance with Nepalese laws, including data privacy, cybersecurity, and user safety policies.
• Establishment of a grievance redressal system for users.
• Submission of the required legal, financial, and operational documents.
• Appointment of a Point of Contact in Nepal for handling legal and user-related issues.

7. What are the Laws Governing Social Media in Nepal?

The primary laws regulating social media platforms in Nepal include:

• Social Media Directives, 2023 – Governs the registration and operation of social media platforms.
• Electronic Transaction Act, 2008 – Covers cybercrimes and digital transactions.
• Privacy Act, 2018 – Regulates personal data protection and privacy rights.
• Cybersecurity Policy of Nepal – Establishes security guidelines for digital platforms.
• Broadcasting Act, 1993 – Governs content dissemination in Nepal.

These laws impose obligations on social media platforms to ensure data security, content moderation, and responsible digital operations.

8. What Happens If a Social Media Platform Fails to Register?

Failure to register within the deadline can lead to:

1. Operational Ban – The government may restrict or block unregistered platforms.
2. Legal Action – Non-compliance may result in penalties under Electronic Transaction Act, 2008.
3. Fines and Restrictions – Additional financial or operational penalties may apply.

However, platforms focused solely on civic education and social empowerment are exempt from registration requirements.

9. What Activities Are Prohibited on Social Media in Nepal?

The Social Media Directives, 2023 prohibit the following activities:

• Creation of fake accounts, pages, or groups.
• Hate speech targeting individuals or communities.
• Promotion of child labor, human trafficking, or polygamy.
• Cyberbullying, defamation, or online harassment.
• Dissemination of false, misleading, or manipulated information.
• Publishing private images or videos without consent.
• Encouraging illegal activities, including child sexual exploitation.

Non-compliance can result in account suspension, legal action, or fines.

10. How are Social Media Platforms Classified in Nepal?

Social media platforms are classified based on user base:

• Small Social Media Platform – Platforms with less than 100,000 users.
• Large Social Media Platform – Platforms with 100,000 or more users.

Large platforms may face additional compliance requirements, such as stronger data protection policies and more stringent content moderation measures.

11. What is the Role of the Social Media Management Unit?

The Social Media Management Unit, established under the Ministry of Communication and Information Technology, handles:

• Review and approval of social media platform registrations.
• Monitoring compliance with social media regulations.
• Handling complaints related to social media misuse.
• Coordinating with authorities on cybercrime investigations.

If grievances remain unresolved by social media companies, the Unit has the authority to take enforcement actions, including suspending operations or imposing penalties.

12. How Can Social Media Platforms Establish a Point of Contact in Nepal?

To comply with the Social Media Directives, 2023, social media platforms must:

1. Set up a local office in Nepal, OR
2. Appoint a designated contact person responsible for user grievances and legal compliance.

The Point of Contact will:

• Coordinate with Nepalese authorities.
• Respond to complaints filed by users.
• Ensure adherence to Nepal’s digital and privacy laws.

Failure to establish a Point of Contact can lead to penalties, including service restrictions in Nepal.

Conclusion

The registration of social media platforms in Nepal is now a mandatory legal requirement under the Social Media Directives, 2023. Social media companies must submit applications, provide required documents, comply with data security laws, and establish a Point of Contact in Nepal. Non-compliance can result in bans, fines, or legal action.