The recent directives for Social Media Platforms/Digital Media based on foreign Countries was issued on 9th November, 2023 which came into effect on 17th, November 2023 after the publication in the National Gazette. As per the Directive, Social Media includes any social media platform, computer and internet based operating electronical channel for providing services and through electronic medium groups or companies can communicate within their groups, also service and users formed to flow any information providing groups, blogs, application are also included.
- Compulsion to Register: The Directive provide mandate of 30 days from the date of promulgation of the Gazette to all the social media platform to register in Nepal under the Ministry of Information and Technology otherwise, the Government of Nepal is free to off-air the unregistered social media platforms.
However, any social media platform that provides civics studies and social empowerment only shall not requires to be registered. - Renewal Requirement: The registered Social Media Platform shall be required to renew once every three (3) years from the date of registration.
Information sharing platforms among persons or companies or any platform built by users to provide information and service providing internet or information technology based face book, tiktok, twitter, viber, Pinterest, Hotspot, Messenger, Instagram, youtube, LinkedIn, WeChat including all publicly available platform are Social Media Platform.
The Social Media Platform is divided into two classes viz:
• Small Scale Social Media Platform (Social Media Platform with 100,000 users)
• Large Scale Social Media Platform (Social Media Platform with more than 100,000 users)
- The Social Media Platform should have a Point of Contact (office) here in Nepal for the purpose of overcoming any complaints and work as provided by the Directive for the Social Media Platform. The office shall compulsorily include a complaint hearing officer and investigation officer.
In case of a change of address, the SMP must inform the address or change of complaint hearing officer to the Social Medium Platform Unit.
In case, any SMP has not established a Point of Contract in Nepal, it shall establish a point of contract within three months of registration of SMP.
Incorporation of a Social Media Platform can be done by means of establishing the Liaison office in Nepal, This procedure doesn’t require any capital.
Documents Required
i. Notarized English Translation of Company Registration Certificate
ii. Notarized English Translation of Articles of the Company
iii. Notarized Nepali Translation of Company Registration Certificate
iv. Notarized Nepali Translation of Articles of the Company
v. Notarized Copy of Passport of Authorized Representative for Nepal
vi. Documents Regarding Privacy Policy, Data Usage Policy and Information Security Policy
vii. Social Media Policy and Minimum Standard/Criteria for Social Media Users
viii. Complaint Hearing Policy of the Social Media
ix. Any other Documents (if required)
Procedure
i. Company Registration
ii. Ward Registration
iii. Tax Registration
iv. Social Media Registration and Approval from the Ministry