Nepal SC refuses "interim order" to lift TikTok ban, issues show cause to govt

Kathmandu [Nepal], November 21 : The Nepal Supreme Court on Tuesday ruled against issuing an interim order to lift the ban on Chinese social media application TikTok.
The ruling came at a preliminary hearing on a case filed against the ban on the Chinese social media application.
Instead, the country's highest court issued a show cause notice to the government over its decision to ban TikTok.
The decision by the Nepal government was notified on November 13.
"The government has been asked to submit an affidavit within 15 days explaining their position in the matter," Information Officer at the Supreme Court, Govinda Prasad Ghimire, told ANI over a phone call.
A single bench of Justice Binod Sharma issued the order during a hearing on Tuesday, the official informed.
A total of 13 writ petitions were filed at the Supreme Court, seeking an interim order to lift the ban on TikTok that was imposed after a meeting of the Council of Ministers. The government defended the ban claiming that the app has been violating harmony in society.
The video-sharing social media platform has about 2 million users in the Himalayan nation.
Writ petitions filed in the Supreme Court claimed that the ban undermines the freedom of expression of the people and is also in conflict with the basic tenets of the Constitution.
The decision by the Nepal government came within days of the introduction of 'Directives on the Operation of Social Networking 2023' as per which social media platforms operating in the country are required to set up their offices there.
On Thursday, the country made it mandatory for social media sites such as Facebook, X (formerly Twitter), TikTok and YouTube, among others, to open their liaison offices in Nepal. The directive includes a 19-point not-to-do list for users of platforms like Facebook, X, TikTok, YouTube and Instagram.
In a release issued after the announcement of the ban, TikTok stated that it has been registered with the legislative bodies of Nepal.
Meanwhile, in India, the central government in June 2020 banned TikTok, along with several other Chinese apps, over national security concerns. Prior to the ban, the app had about 150 million monthly active users in India.
Moreover, flagging security issues with the TikTok app, Australia, Belgium, Canada, Afghanistan, Denmark, the Netherlands, New Zealand and Norway have imposed partial or complete bans on the video-sharing app.
The Nepal Telecommunication Authority, a regulatory body in the Himalayan nation, issued a notice on November 14, 2023, directing all internet and mobile service providers to enforce the immediate shutdown of TikTok. Following the warning from the regulatory authority, some users reported the feed on TikTok going dark.
"According to the decision of the Council of Ministers of Nepal on 07/27/2080, due to the negative impact on the social harmony and social environment through Tiktok, which is being used as a social network, the authority given by Section 15 of the Telecommunications Act, 2053 is used to implement the said decision," read an official release by the Nepal Telecommunication Authority.
"As it has been understood that Tiktok is being accessed and used through the network of some service providers, all related service providers have been requested to immediately implement the instructions of the authority and inform them. It has been informed to all concerned that there is a duty and that if the service provider does not comply with such instruction/order, action may be taken by the authority as per Section 47 of the Telecommunications Act, 2053," the NTA added.
Further, the regulatory body urged service providers to swiftly implement the NTA's instructions and promptly notify the authority of any instances where TikTok continues to be accessible or utilised through their networks.
This directive follows a decision made during a meeting of the Council of Ministers on Monday, where it was determined that the use of TikTok in Nepal is adversely impacting social harmony and the overall societal environment.
Citing TikTok as a source of disruption to the social fabric, the government resolved to ban its use with immediate effect.