A Research Proposal

On
CYBER DEFAMATION THROUGH SOCIAL NETWORK
AND PRESENT LEGAL STRUCTURE IN NEPAL

SUBMITTED TO:
National Law College
Puspa pokhrel

SUBMITTED BY:
Tseten Dolma Lama
Roll. no: B434
BALLB 3rd year

TABLE OF CONTENTS

CHAPTER–ONE
1 Introduction
1.1 General Background
1.2 Statement of the problem
1.3 Objectives of the study
1.4 Scope of the study
1.5 Significance of study
1.6 Limitation of study

1.7 Operational definition

CHAPTER–two

2 Review of the literature

3 Methodology
4 Time schedule

1. Introduction
General background

“Because of its technological advancements, today’s criminals can be more nimble and more
elusive than ever before. If you can sit in a kitchen in St. Petersburg, Russia, and steal from a
bank in New York, you understand the dimensions of the problem.” 1 Cybercrime is the emerging
crime around the globe which has unique features and can be committed in any part of world
against individual/institution situated in other part.
If a person by way of writing or words or signs or understandable symbols accuses another
person of any charge or publishes such matter with intent to damage that other person's character
or knowingly or having reason to believe that it will make such a damage, the person shall be
deemed to have libeled that other person is defamation. 2 Cyber defamation occurs when
defamation takes place with the help of computers and / or the Internet. E.g. someone publishes
defamatory matter about someone on a website or sends emails containing
defamatory information to all of that person's friends.
1
The news hour, Jim Lehrer ed, April 16 2001.8
2
Libel and slander act of 2016,sec 3
 Social Network is a term used to describe websites which act as a platform for interaction
among people across the globe.Website or other application which enables users to communicate
with each other by posting information, comments, messages, images, etc. A Social Network
Website may be in a variety of forms such as a forum, chat room, blogs etc. through which
people communicate, exchange ideas and multimedia such as pictures, videos and audios. When
a user creates a profile on a particular social networking website, it allows him to share and
discuss information and media with either the people on his friend list or with public at large
government or organization to control and minimize the cyber crime. So, main aim of
cyber laws is to explain the legal issues to the social network users.

Nepal, a landlocked country positioned in South Asia cannot be exceptional territory for
commission of cybercrime. The incidence of cybercrime in Nepal is directly proportional to the
level of progress made in Nepal in information technology. The internet users in Nepal have been
rapidly increased. Internet is a new dimension that is developing in Nepal. As the power
of internet increases the crimes also increase with it. Nepal passed different Act to control
different cyber related crime, although the law is present, but this is not adequate for latest cyber
crime like cyber defamation.

Statement of problem

Since cyber crime is not a matter of concern for Nepal only but it is a global problem and
therefore the world at large has to come forward to prevent such crime. The researcher, through
the paper, seek to find out the basic concepts of the cyber world, and cyber defamation through
social networking site, and legal system that exists in Nepal to control over the crime that
occurred on internet and critically analyze them.

Objectives
1) To identify or provide a conceptual framework of cyber defamation,
2) To find out legal regime of cyber crime in Nepal has been able to address current cyber
related crime,
3) To study about the cyber law of different countries those need to be adopted by Nepal for
better protection of the cyber defamation.

Limitation of study
This study is subject to a number of limitations including time limitation and content limitation.
As study is a part of an academic obligation, it must be completed within a stipulated timeframe.
However, this study focuses on cyber defamation and application of law in Nepal.
Operational definition
Cyber defamation

According to the Black Law’s Dictionary, defamation can be defined as “an intentional false
communication, either published or publicly spoken, that injures another’s reputation or good
name”. Defamation includes the common law torts of libel (involving written or printed
statements) and slander (involving oral statements) which can be committed via Internet
medium. Ingredients of defamation are i. Publication of the statement; ii. Statement makes
reference to the plaintiff; iii. Statement is communicated to some person or persons other than
the plaintiff himself; iv. Statement reaches the plaintiff; and v. Statement causes actual or
presumed damage to the plaintiff.