Wednesday, October 17, 2018
   
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A student held on allegation of 'cyber crime' over Facebook post

The Central Investigation Bureau of Nepal Police has arrested Bibek Baniya of Bandipur, Tanahu district, accusing him of involving in 'cyber crime.'

Bibek Baniya had written a Facebook status using 'indecent words' against President Bidya Devi Bhandari, the police said. As per the police report, Baniya had written the status five months back and he was being searched since then. On Thursday (Dec 14), he was arrested from Kathmandu Valley.

Baniya is Bachelors' level Third year Science student at Tri-Chandra College in the capital city.
Baniya is charged under Section 47 of   Electronic Transaction Act, 2063BS, where he will be facing five years of imprisonment and fine up to one lakh or both  if he gets convicted by the court.

Section 47 of Electronic Transaction Act has criminalized that publication in electronic form that are contrary to public morality or decent behavior and jeopardizes the harmonious relations subsisting among the people of various castes, tribes and communities.

Be it a case of defamation or hate speech, Baniya could be taken under the civil crime, but the arrest by the police over his expression on Facebook reflects Baniya committed criminal offense, which is faulty. The police treatment to him as to a criminal is faulty and sheer misuse of State authority, Freedom Forum observes.

Time and again, arrest over expression on internet-based media is triggered by the ETA 47 in Nepal, which is matter of concern, for it violates freedom of expression.

 

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