Social Media Defamation in Nepal: Section 47 ETA Explained (2025)

Posted something on Facebook and got arrested? Section 47 of the Electronic Transactions Act is Nepal's most misused law. Learn what's illegal, what's not, and how to defend yourself.

The Most Dangerous Law You’ve Never Heard Of

In Nepal, a single Facebook post can land you in jail for up to 5 years. Welcome to Section 47 of the Electronic Transactions Act (ETA) 2063—the law that has become the weapon of choice for silencing critics, punishing ex-partners, and settling personal scores.

If you use social media, you need to understand this law. It could save you from a police station visit.

What is Section 47?

Section 47 of the Electronic Transactions Act 2063 criminalizes:

“Publishing or displaying any material in electronic media including computer, internet which are prohibited to publish or display by the prevailing law, or any material which may be contrary to the public morality or decent behavior or any material which may spread hate or jealousy against anyone or which may jeopardize the harmonious relations subsisting among the various castes, tribes, communities residing in Nepal.”

Translation: If you post something online that:

Defames someone
Is “contrary to public morality”
Spreads “hate or jealousy”
Harms “harmonious relations”

…you can be prosecuted.

Punishment:

Up to 5 years imprisonment and/or
Up to NPR 1,00,000 fine

Why Section 47 is Problematic

1. Vague Language

What is “public morality”? What constitutes “jealousy”? These terms are not defined in the law, giving police and prosecutors enormous discretion.

Example: A journalist criticized a politician on Twitter. The politician filed a Section 47 case claiming the post “spread hatred.” The journalist was arrested.

2. Often Non-Bailable

During the investigation phase, many District Courts treat Section 47 cases as non-bailable. This means you can spend weeks in jail before even seeing a judge for bail.

3. Used for Personal Vendettas

Section 47 is frequently used in:

Relationship disputes: Ex-boyfriends/girlfriends filing against each other
Business rivalries: Competitors filing against each other
Family feuds: Relatives using it to harass each other
Political silencing: Powerful people silencing critics

What Actually Constitutes Defamation?

Under Nepali law, defamation requires:

A False Statement of Fact: Opinions are generally protected. “I think X is a bad person” is different from “X stole money.”
Published to Third Parties: A private message may not count as “publication.”
Damages to Reputation: The statement must actually harm the person’s standing in the community.
Identifiable Individual: The post must clearly identify (or make identifiable) the plaintiff.

What is NOT Defamation:

Protected Speech	Why
True statements	Truth is an absolute defense
Opinions (“I believe…”)	Subjective views are not facts
Fair comment on public figures	Public figures face higher scrutiny
Satire/Parody (clearly labeled)	Reasonable people won’t take it literally

Real Cases: The Good and The Bad

Case 1: Journalist vs. Politician (Acquittal)

A journalist wrote an article alleging corruption by a local politician. The politician filed Section 47 charges.

Outcome: The High Court acquitted the journalist, ruling that the article was based on documented facts and was in the public interest.

Case 2: Ex-Girlfriend’s Revenge Post (Conviction)

A woman posted screenshots of private conversations with her ex-boyfriend on Facebook, calling him a “cheater” and “thief.”

Outcome: She was convicted under Section 47. The court ruled that publishing private communications with defamatory commentary violated the law.

Case 3: Meme Maker Arrested (Pending)

A young man created a satirical meme about a public figure. He was arrested and spent 2 weeks in custody before getting bail.

Outcome: Case still pending. The prolonged detention sparked outrage about misuse of Section 47.

What To Do If You’re Accused

Immediate Steps:

Do NOT Delete Posts: It can be seen as destruction of evidence.
Screenshot Everything: Your posts, comments, and context.
Contact a Lawyer Immediately: Section 47 cases move fast.
Don’t Talk to Police Without Counsel: Anything you say can be used against you.

Defense Strategies:

Defense	Explanation
Truth Defense	Prove the statement was factually true
Opinion Defense	Prove it was subjective opinion
Public Interest	Prove the statement serves public interest
Lack of Malice	Prove you didn’t intend to harm
Consent	The person consented to the publication

What To Do If You’re a Victim

If someone has defamed you online:

Document Everything: Screenshots with timestamps.
File at Cyber Bureau: Nepal Police Cyber Bureau, Bhotahity, Kathmandu.
Send a Takedown Notice: To the platform (Facebook, TikTok) directly.
Consider Civil Suit: You can sue for damages in addition to criminal charges.

Cyber Bureau Contact:

Location: Bhotahity, Kathmandu (opposite to Bir Hospital)
Email: [email protected]
Hotline: 100 (Nepal Police)

Section 47 vs. Privacy Act 2075

It’s important to distinguish:

Electronic Transactions Act (Section 47)	Privacy Act 2075
Punishes public posts	Protects private data
Covers defamation, hate speech	Covers data breaches, CCTV misuse
Criminal punishment (jail)	Both criminal and civil remedies

If someone leaks your private photos or personal data, you may have a stronger case under the Privacy Act rather than Section 47.

The Future: Calls for Reform

Human rights organizations have called for Section 47 to be:

Made bailable during investigation
Defined clearly (“public morality” is too vague)
Proportionate (5 years for a Facebook post is excessive)

Until reform happens, the best protection is awareness.

Conclusion

Social media feels like a free space, but in Nepal, it’s a legal minefield. Section 47 of the ETA is routinely weaponized against ordinary citizens, journalists, and activists.

Whether you’re a content creator, a frustrated citizen, or someone dealing with an online troll, understanding this law is essential.

Think before you post. And if trouble finds you, get legal help fast.

Disclaimer: This article is for educational purposes. If you’re facing a Section 47 case, contact us immediately for legal defense.