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Case study 1 (Necessity of cyber law and its implementation in Nepal)

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0% found this document useful (0 votes)
82 views4 pages

Case study 1 (Necessity of cyber law and its implementation in Nepal)

pllp

Uploaded by

Shardul Sapkota
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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1 Introduction

Today, technology is a big part of our lives. More and more people in Nepal are using
the internet, mobile phones, and social media. But along with the benefits, there are
also many problems like cybercrimes, hacking, phishing, and personal data theft. To
protect people from these problems, cyber law is very important. However, the law
related to cybercrimes in Nepal are still not properly defined, and there are many
issues to make it work properly. This case study will talk about why cyber law is
needed in Nepal and how it can help keep people safe online. It will also discuss the
challenges of making the law work better and how the government and people can
work together to solve these problems. Cyber law can be defined as the area of law
that deals with all aspects of cyberspace, the internet and other internet-related
technology.

1.1 Background
Nepal, has seen rapid growth in the use of technology, especially the internet and
smartphones. With more people getting connected online, the number of internet users
has increased significantly. However, this growth has also led to the rise of
cybercrimes, such as online fraud, identity theft, and hacking. Nepal passed its first
Cyber Law in 2008 with the "Electronic Transactions Act". The ETA was created to
address the growing number of cyber threats and challenges, and to provide a legal
framework for electronic transactions and communication. [1] Nepal introduced the
Information Technology Bill in 2019. This this bill aimed to update and consolidate
existing laws related to information technology, including provisions for data
protection and cyber security. [2] Nepal faces many challenges, including weak
enforcement of existing cyber laws, limited public awareness, and slow legal reforms.
As technology continues to advance, the necessity for stronger and more practical
cyber laws has become more urgent.

1.2 Problem Statement


The introduction of laws like the "Electronic Transactions Act" in 2008 and the more
recent "Information Technology Bill" in 2019, the implementation of these laws
remain weak. Many citizens are unaware of their rights, and the legal system is often
slow to adapt to new types of cyber threats. So, individuals and businesses continue to
face significant risks in the digital world.
1.3 Objective
The objectives of this case studies are as follows:
 To understand the current state of cyber laws in Nepal.
 To identify the challenges in implementing cyber laws in Nepal.
 To suggest ways to improve the cyber law system in Nepal.

2 Implementation
2.1 Solution
To improve cyber law in Nepal, the government needs to focus on better enforcement
and awareness. First, the existing laws should be updated to cover new types of
cybercrimes, such as cyberbullying, online scams, and data breaches. Nepal needs
new cybersecurity laws and policies to overcome potential cyber risks. [3] Raising
awareness among the public about online safety is very important. People should be
educated on how to protect themselves from cybercrimes and understand their rights
online. Schools and communities can play major role in spreading knowledge about
cyber-crimes.

2.2 Implementation Strategy


Here are some simple and robust implementation strategy
 Review and Update Existing Laws: The government should review and update
laws like the "Electronic Transactions Act" and the "Information Technology
Bill" to address new cybercrimes and technological changes.
 Introduce New Regulations: Establishing clear definitions for cybercrimes,
including punishments for offenses like hacking, data breaches, and cyber-
stalking.
 Education on Cybersecurity: Awareness programs to teach citizens about
internet safety, how to protect personal data, and what actions to take in case
of a cybercrime.
 Create a Special Cybercrime Unit: Expand and strengthen the Nepal Police
Cybercrime Unit to handle growing cases of online fraud, hacking, and other
internet-based crimes.
 School Programs: Introduce cybersecurity education in schools to teach
children how to stay safe online from an early age
2.3 Result and Outcomes
The possible result and outcomes are:
 Updated and stronger cyber laws in Nepal.
 Fast and better handling of cybercrime cases by police and legal teams.
 More awareness among people about online safety and cyber laws.
 Reduced number of cybercrimes like hacking and fraud.
 Safer and more secure digital environment for everyone.
 Established a legal framework allowing individuals to hold entities responsible
for data breaches or unauthorized surveillance.

2.4 Challenges in Implementation


Implementing cyber laws in Nepal difficulties due to country's developing
infrastructure and resources, several challenges arise, including the following:
 Low Digital Literacy: Many people in Nepal lack knowledge about online
safety and how to protect their personal information, making them vulnerable
to cyber scams and attacks.
 Poor Law Enforcement Capacity: Related authorities lack the technical
expertise and training needed to investigate and prosecute complex
cybercrimes effectively.
 Low public awareness about cyber laws and online safety.
 Insufficient resources and technology for investigating cybercrimes.
 Slow legal processes and delays in addressing cybercrime cases.
 Difficulty in keeping up with rapidly changing cyber threats.
 Lack of updated and strict cyber laws.

3 Conclusion
In conclusion, as technology and internet use grow in Nepal, the need for strong cyber
laws has become very important. Even though laws like the Electronic Transactions
Act have been introduced, there are still many problems, such as poor enforcement,
low awareness, and digital divide. To solve these issues, the government should
update the laws, give training to related people, and educate people about online
safety. By taking these steps, Nepal can build a safer digital world where everyone
feels secure.

4 References
[ P. K. Yadav, "Safeguarding cyberspace: Nepal’s journey in addressing
1 cybersecurity challenges," The Annapurna Express, 18 March 2024. [Online].
] Available: https://theannapurnaexpress.com/story/47977/#:~:text=Nepal%2C
%20recognizing%20the%20importance%20of,data%20without%20the%20owner's
%20consent.. [Accessed 12 December 2024].
[ S. Acharya, "A short glance at cyber law and data security in Nepal," 23 July 2024.
2 [Online]. Available: https://english.onlinekhabar.com/a-short-glance-at-cyber-law-
] and-data-security-in-nepal.html#:~:text=In%20response%20to%20increasing
%20cyber,hacking%2C%20and%20computer%20data%20security..
[ S. Shrestha, "Cyber Laws and Policies in Nepal," Research Gate, February 2023.
3 [Online]. Available:
] https://www.researchgate.net/publication/368306858_Cyber_Laws_and_Policies_i
n_Nepal. [Accessed 12 12 2024].

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