Kathmandu: The Supreme Court of Nepal has issued a directive ordering the government to create a law regulating social media platforms. The joint bench of Justices Sapana Pradhan Malla and Til Prasad Shrestha delivered this directive while conducting a full hearing on a writ petition challenging the government’s previous decision to ban TikTok.

In November 2023, the government had decided to ban TikTok; however, the decision was reversed in August 2024. Given that the ban had already been lifted, the court ruled that there was no need to issue a writ of mandamus to cancel the decision. Instead, it directed the government to ensure appropriate legal provisions are in place for regulating social media, according to advocate Ananta Raj Luintel, the petitioner.

Luintel also informed that while the written verdict may take some time to be issued, the judges have already noted their opinions in the court’s record book, which is now available on the Supreme Court’s website.

The original petition to overturn the TikTok ban was filed by advocates Ananta Raj Luintel, Pratibha Upreti, and Bishal Thapa, along with 14 other writ petitions. The petitioners argued that the government’s decision violated the constitutionally guaranteed right to freedom of expression.

The petition cited Article 17(1)(a) of the constitution, which ensures freedom of thought and expression, and Article 19(1), which prohibits prior censorship on any publication or broadcasting through electronic, print, or other media.

The petitioners claimed that the government’s decision to ban TikTok was illegal and a violation of these constitutional rights.

The writ further asserted that actions taken outside the framework of the constitution, which ensures competitive democratic governance, civil liberties, fundamental rights, human rights, adult franchise, periodic elections, full press freedom, and an independent judiciary, should be annulled. The petition called for the government’s decision to be voided based on these constitutional principles.