The government has prepared a Telecommunications Bill that outlines the laws that allow security agencies (police, National Investigation Department and military) to listen to phone conversations and access internet-based communication to an unprecedented scope of tracking communications by direct access to the telecom and internet service provider system with no requirement for first obtaining court approval. Opponents claim that this is clearly in violation of the previous Supreme Court ruling that it is unlawful for any government agency to intercept communications without prior court authorization. Legal experts and civil liberties activists claim that it is an erosion of the constitutionally guaranteed right to privacy (Article 28 of the Constitution) that could be used to muzzle dissent or target unlawfully opposition voices.
Currently, interrogation agencies in Nepal do require a court order to monitor communications. If passed, this bill eliminates any protections.
While the government recognizes that there is still more discussion to be held and the bill is not finalized, they say that the proposed law updates an outdated 1997 legislation and is serving a law enforcement investigation purpose and state that there are no odious provisions in the proposed draft.
