The government of Nepal is preparing to lift the ban on the popular social media platform TikTok, following persistent pressure from the Chinese government. The move comes after repeated inquiries and diplomatic interventions from the Chinese side, urging the Nepali government to reconsider its decision.
The Pushpa Kamal Dahal-led government introduced the Social Media Regulation Guidelines on November 9, 2023. These guidelines mandated that all social media platforms operating in Nepal must register locally and establish a contact point within the country. Just days later, on November 13, the Cabinet decided to ban TikTok, citing concerns over the platform’s role in spreading social discord and violating social norms.
Before the ban was implemented, former Prime Minister Dahal consulted with major political parties, including the Nepali Congress and UML, which led to their tacit support for the decision. However, TikTok responded by sending a written commitment to adhere to all of Nepal’s laws and regulations and requested the government to lift the ban.
Chinese diplomatic pressure
Despite TikTok’s commitments, the ban remained in place, leading to diplomatic pressure from China. Chinese Ambassador to Nepal, Chen Song, raised the issue in almost every political meeting with Nepali officials, urging the government to reconsider the ban.
Sources from the Office of the Prime Minister and Council of Ministers have confirmed that Prime Minister KP Sharma Oli has instructed officials to prepare the groundwork for lifting the ban. He emphasised that no social media platform should be banned outright and directed the Ministry of Communications and his advisory team to discuss TikTok’s commitments and bring a proposal to the Cabinet for approval.
Geopolitical considerations and global context
The TikTok ban is not just a domestic issue but also ties into larger geopolitical dynamics. “Since the TikTok ban is also tied to geopolitics, there is some hesitation in making a decision,” an official from the Office of the Prime Minister and Council of Ministers noted. However, the Prime Minister believes that the ban should not be prolonged, and a decision to lift it may come soon from the Cabinet.
Globally, TikTok has faced similar challenges. India imposed a complete ban on TikTok in 2020, while the United States has imposed limited restrictions. Over half of the US states, along with the federal government and various security agencies, have banned the app on employee devices. Currently, TikTok is partially or fully banned in more than 30 countries.
TikTok’s compliance and commitment to Nepal’s Laws
TikTok has made multiple appeals to the Nepali government to lift the ban. A week ago, TikTok’s South Asia Public Policy and Government Relations Unit wrote to Minister for Communication and Information Technology Prithvi Subba Gurung, reiterating its commitment to complying with all of Nepal’s laws.
After receiving TikTok’s letter, which confirmed its acceptance of all legal provisions in Nepal, the Minister of Communication discussed the matter with the Prime Minister.
Earlier, on May 18, TikTok’s Head of Public Policy and Government Relations for South Asia, Ferdous Mottakin, also wrote to the Office of the Prime Minister and Council of Ministers and copied the letter to the Ministry of Home Affairs and the Ministry of Communications. The letter mentioned various efforts by TikTok to address the government’s concerns and claimed that the ban had negatively impacted government revenue.
TikTok’s initiatives for content regulation and digital literacy
In the nine months since the ban was imposed, TikTok has sent eight letters demanding the lifting of the ban. In response to the government’s decision, TikTok committed on November 14 to appoint a focal point to directly address Nepal’s concerns regarding content on its platform.
On December 5, 2023, TikTok further committed to enhancing content filtering and moderation by onboarding Nepali language resources and addressing issues with filtering inappropriate content in the Nepali language.
TikTok has also pledged to launch a nationwide internet safety and digital literacy campaign and to support digitising educational content for school and college students to improve educational outcomes. TikTok claimed that it has employed 60 people to oversee the compliance with its “Social Guidelines” in Nepal.
Additionally, TikTok stated that it has opened access to its “Trust and Safety Enforcement Tool (TSET)” for the Nepal government, enabling the reporting of any content that violates the law. TikTok registered as a digital service taxpayer in Nepal, claimed to have removed millions of videos from its platform that violated community guidelines.
Legal challenges against the ban
The TikTok ban has also led to legal challenges in Nepal. Several lawsuits were filed in the Supreme Court, claiming that the ban infringed on constitutional rights to freedom of speech and expression. On November 21, 2023, Judge Binod Sharma’s bench issued a show-cause order to the government without granting an interim order. The next hearing for the case is scheduled for September 25.
As the government finalises its decision, it remains to be seen how the lifting of the TikTok ban will unfold and what implications it will have for Nepal’s social media landscape and its relations with China.
