The Supreme Court has opened the way for a ban on PUBG, what happens now?

The Supreme Court has upheld the government’s controversial decision to ban the online game PUBG. The full text of the verdict given by a joint bench of Justices Dr. Kumar Chudal and Mahesh Sharma Poudel in a case filed in 2075 BS has just been released.

The court’s verdict on November 13, 2002, explained the larger interest of children and said that while the decision to ban PUBG should not be overturned, both the positive and negative effects of online games should be studied. “For this, a team of experts should be formed to study and formulate a law, and if it is necessary to formulate a law, a report with suggestions should be received and appropriate steps should be taken in this regard,” the verdict said.

A directive has been issued in the name of the government to enact and implement necessary laws to regulate such games and apps as they have a negative impact on children. At the time, the ban on PUBG was viewed with public interest.

The Metropolitan Crime Branch of Nepal Police had initiated the ban after obtaining permission from the Kathmandu District Court. The move came after private school associations, including Cambridge Public High School, expressed concerns about the negative impact of the game on students. Citing consultations with psychiatrists, it was claimed that PUBG’s psychological effects, its addictive nature and increased violent tendencies among youth were being blamed.

The day after the Kathmandu District Court granted permission, i.e. on 28 Chaitra 2075, the Ministry of Communications and Information Technology also took a ministerial decision to ban PUBG. On that basis, the ban was imposed through internet and mobile service providers by writing to the Nepal Telecommunication Authority.

But a group including advocates Praveen Subedi, Bikash Thapa, Anurag Subedi, Subash Pathak, and Binay Rimal filed a writ petition in the Supreme Court against the ban, arguing that the ban violated fundamental rights.

It was claimed that playing games or having fun on the internet or through other means is an exercise of a person’s freedom of expression and speech. The government’s move was termed arbitrary, saying that the ban was imposed without any solid research, factual basis, or clear legal basis. They also claimed that the claim that PUBG would have a negative impact on children was baseless, as it was primarily aimed at youth above the age of 18.

Considering the writ petition filed claiming irreparable harm to the public interest, the Supreme Court had issued an interim order on 6 April 2076, staying the implementation of the ban decision. The order has automatically become inoperative with the court’s verdict.

In its final decision, the Supreme Court dismissed the writ petition and upheld the Kathmandu District Court’s order and the Ministry of Communications and Information Technology’s decision to ban PUBG. The court held that these actions were in line with the ‘best interests of the child’ as enshrined in the Child Rights Act, 2075 BS.

The court’s decision has accepted the argument that PUBG negatively affects the physical and mental health of students, leading to addiction and violent tendencies. For which, studies on the psychological effects of PUBG addiction on freshmen studying in college have also been considered as the basis.

The court also acknowledged that PUBG is sometimes considered a game that enhances intelligence. This recognition highlights the dual nature of online games, which can be not only harmful but also platforms for potential cognitive benefits.

While dismissing the petition, the court emphasized the role of the state as a guardian under Section 7(10) of the Child Rights Act, 2075 BS. Thus, child protection has been considered a legitimate basis for banning digital content.

The court has directed the government to form a team of experts to conduct a detailed study and research on both the positive and negative impacts of games like PUBG, which will provide a solid basis for future policy and legal decisions.

The judgment asked for an assessment of the need to draft a new law based on the findings of an expert study. The Supreme Court also ordered the formulation of a law to regulate the registration and operation of games like PUBG.

Similarly, it has also been asked to make and implement necessary laws to regulate games and applications that have a negative impact on children. This also covers the scope of potentially harmful digital content other than PUBG. This decision of the Supreme Court is expected to have a significant impact on online gaming and digital policy making in Nepal.

Based on this court ruling, the government can immediately ban PUBG if it wants. However, in the current context where the craze for PUBG has waned, it is more likely that the government will not move forward in that direction.