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Unit 4: Laws and Policies Regarding Cyber Space in Nepal
4.1 Constitutional Protection of Freedom of Expression and its Limitations
(The LAW5610-U2’s-full-depth here at-the-cyber-application’s): The Art-17(2)(a)’s (the expression’s-verified-frame) + the Art-19’s-media-core (the no-prior-censorship (the no-closure (the no-registration-cancellation (the no-obstruction-except-by-law)))); The online-specific’: the internet-access-as-expression’s (the shutdown’s-question (the Art-19’s-application (the shutdown’s-history’s-faces (the “internet-ban”-era’s-hedged-record (the proportionality’s-test’s-application)))); the platform’s-expression’s (the moderation-vs-the-censorship (the takedown’s-standards (the notice’s-fairness (the appeal’s)))); The limitations’ (the Art-17(3)’s-verified-provisos):** the restrictions’-grounds (the sovereignty (the public-order (the morality (the defamation (the contempt))))); the discipline’s (the legality (the necessity (the proportionality (the “by-law”-only (the directive’s-vs-the-statute’s-question (the 4.4.6’s-directive’s-debate (the exam’s-critical-point)))))));
4.2 Provisions Relating to Cyber Security, Data Protection and Online Privacy
- The constitutional’s (the verified-pair): the Art-28’s-privacy (the person-residence-property-documents-records-statistics-correspondence-and-reputation (the data’s-constitutional-root (the “records-and-statistics”‘s-digital-readings))); the Art-27’s-information (the RTI’s-digital-face (the proactive-disclosure’s-online));
- The Individual Privacy Act 2074: the privacy’s-codification (the 24-houses-and-the-2063’s-era (the interception’s-conditions (the “privacy-invading-acts” (the listening-and-the-surveillance’s (the body-cavity-to-the-data’s-spectrum (the digital-privacy’s-application-faces (the U-LAW5702-U2.4’s-companion)))))); the exceptions’ (the security’s (the court’s-order’s ( the lawful-interception’s-conditions)));
- The ETA’s-privacy-offences (the 2063’s): the privacy’s-protected (the unauthorised-access-and-the-disclosure (the computer’s-records ( the offence’s-and-the-punishment’s));
- The data-protection’s-absence (the honest-audit): the no-comprehensive-statute (the bill’s-serial-history (the individual-privacy-bill’s-era (the “Personal-Data-Protection”-type-bill’s-faces (the hedged-record (the pending’s)))); the sectoral’s-partial (the banking’s (the NRB’s-directives (the BAFIA’s)); the telecom’s (the NTA’s-licensing-conditions (the By-Law’s-data-faces)); the constitutional-privacy’s-judicial-fill (the Advocate Baburam Aryal v. GoN (D. No. 9740) (Protection of Call Detail Record)
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