{"id":25917,"date":"2026-09-22T07:19:38","date_gmt":"2026-09-22T01:34:38","guid":{"rendered":"https:\/\/eng.dragonmedia.com.np\/?p=25917"},"modified":"2026-09-22T07:19:38","modified_gmt":"2026-09-22T01:34:38","slug":"citizens-rights-and-state-responsibility-in-the-digital-age","status":"publish","type":"post","link":"https:\/\/eng.dragonmedia.com.np\/?p=25917","title":{"rendered":"Citizens\u2019 Rights and State Responsibility in the Digital Age<\/strong>"},"content":{"rendered":"

Information technology has transformed citizens from passive recipients of information into active participants capable of producing, analysing and disseminating it. Social media and digital platforms have greatly expanded the space for public expression. At the same time, they have created new risks, including misinformation, defamation, violations of privacy and cybercrime. In this environment, the state carries two equally important responsibilities: preventing and investigating crime while protecting the civil liberties guaranteed by the Constitution.<\/p>\n

Under the rule of law, the state has the authority to investigate suspected offences. If someone uses digital platforms to engage in conduct clearly prohibited by law, that conduct should be investigated fairly and impartially. But investigative authority is not unlimited. Arrest, detention and prosecution must be based on sufficient legal grounds, follow due process and remain subject to judicial scrutiny. This is particularly important in cases involving expression, where the boundary between criminal conduct and legitimate dissent must be clearly defined. Criticism of the state, political commentary or a differing opinion on a matter of public importance should not, by itself, become grounds for criminal prosecution.<\/p>\n

This is why cyber laws require exceptional care in their application. The state has a legitimate responsibility to address online fraud, threats, misuse of personal information, direct incitement to violence and other clearly defined offences. But when vague legal provisions are interpreted broadly and applied to ordinary expression, they can create an atmosphere of fear and encourage self-censorship. In a democracy, the purpose of law is not to suppress criticism. It is to prevent genuine harm to the rights of others and to public safety while preserving the legitimate exercise of individual freedom.<\/p>\n

There is another equally important side to this principle. Freedom of expression does not remove responsibility for facts. Journalists, analysts, politicians and ordinary citizens alike should consider the source, credibility and potential consequences of information before sharing it publicly. Material published by either foreign or domestic media should not automatically be treated as unquestionable truth. Responsible public discourse requires a clear distinction between established facts, allegations, analysis and inference.<\/p>\n

Nepal now needs greater clarity in its legal framework governing digital expression. Citizens should be able to understand what constitutes a criminal offence, what falls within the legitimate exercise of civil liberty and under what circumstances an investigation or arrest is legally justified. Investigative agencies should also develop an institutional practice in which arrest, wherever possible, is not treated as the first response but as a necessary and proportionate legal measure when circumstances justify it. Such an approach would not weaken law enforcement; it would strengthen public confidence in its legitimacy.<\/p>\n

The judiciary is the ultimate guardian of this balance. The state must be able to fulfil its responsibilities for public security and law enforcement, while citizens must be confident that their liberty cannot be arbitrarily taken away. These objectives are not mutually exclusive. Clear laws, transparent investigations, due process and independent judicial scrutiny can protect both at the same time.<\/p>\n

In the digital age, one of the true tests of democracy is how confidently a state accommodates criticism and how impartially it investigates genuine crime. A strong state is not one that suppresses questions, but one whose institutions have the confidence to confront them within the boundaries of law. A system capable of protecting both civil liberty and public security is the foundation of a mature democracy.<\/p>\n

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