Legal definitions
In Nepal, the age of 18 years is relevant to defining both “children” and “minor.” However, there may be some ambiguity, as “children” are persons who have not yet “completed” 18 years of age, while “minor” is a child who has not yet “attained” 18 years of age. Several terms—child sexual exploitation (CSE), sexually explicit conduct, child sexual abuse material (CSAM), computer-generated CSAM, enticement or grooming, and sextortion—are not specifically defined, but they are either referenced without definition or relevant conduct is included in definitions of other terms. “Child sexual abuse” and “child pornography” are both clearly defined and include conduct related to the undefined terms. Nepal is a signatory to the Optional Protocol To The Convention On The Rights Of The Child On The Sale Of Children, Child Prostitution And Child Pornography. The legal age of consent for sexual activity is 18 years.
Regulatory requirements/recommendations
Nepal’s “Social Media Directive” requires social media platform operators to designate a Point of Contact in Nepal to address complaints and ensure compliance with provisions outlined in the Directive. The Directive prohibits CSE and requires Operators to adopt algorithms to stop the publication of unlawful content. When violations are discovered, the Point of Contact is obligated to report to relevant authorities and remove violative content within 24 hours. The Directive does not require the use of any specific technology (such as hashing or classifiers) to counter CSAM or other forms of CSE. “Small Social Media Platforms”—defined as those with fewer than 100,000 users—are exempt from certain requirements of the Directive.
Age verification requirements/recommendations
Online platforms are not required or recommended to implement any age verification measures.
Parental consent requirements/recommendations
Online platforms are not required or recommended to obtain parental consent before children can use their systems.
Legal remedies for child victims
Violations of the Social Media Directive may be punished through fines (escalating for repeated offenses) payable to the government. Various legal provisions allow for or mandate the recovery of reasonable compensation for losses suffered by victims, including as part of a requirement to provide “child friendly justice.”
"Safety by Design" requirements
Other than the algorithmic requirement mentioned above, online platforms are not required to incorporate “Safety by Design.”