The Home Minister, Tshering during the 7th Meet-the-Press, shared that individuals engaging in unauthorized donations will face consequences under the relevant provisions of the Penal Code of Bhutan, particularly those related to deceptive practices and larceny by deception.
Lyonpo said that the recent notification regarding unauthorized donations is a continuation of those issued in 2021 and 2023. The key reasons for these regulations include upholding accountability and transparency, ensure that donations are genuine and are used for legitimate purposes, and to prevent scams, deception, and unethical practices.
He shared that despite earlier notifications, unauthorized donations have persisted, and further said, “Unless a donation drive is officially authorized, the legitimacy of the solicitation remains uncertain. Furthermore, there is no assurance that the correct amount is being requested.”
Under the authorized donation framework, an estimate is prepared, and approval is granted only for the appropriate amount.
He shared that recently, there have been nine cases of unauthorized donations. While specific details of these cases were not disclosed, warning notices are being issued to those involved.
One such incident occurred on social media, when a photo of a hospitalized child went viral, claiming to need donations. Upon investigation, it was discovered as a deception.
Further, Lyonpo said that it is important to note that the current regulations do not apply to funds raised at the village and community levels for activities such as community rimdro and customary practices.
However, all other individuals and informal groups are prohibited from conducting unauthorized donation drives.
He stressed that these measures are not designed to hinder charitable efforts or community support. Instead, the goal is to ensure that such initiatives are carried out transparently and accountably, thereby, protecting the interests of both donors and beneficiaries.
The recent notification from the Department of Law and Order (DLO) on unauthorized donation practices has sparked controversy, with varying opinions both in support of and against the measure.
The notification highlights that despite previous warnings, some individuals continue to solicit donations without official approval. It urges everyone to avoid participating in or contributing to such unauthorized drives on social media platforms, and further, the bank accounts of those involved will be frozen, and legal actions will be pursued according to relevant laws.
Chief of Department of Law and Order, Ministry of Home Affairs, Karma Dorji, said, “Initially, there were no regulations or monitoring of donations, allowing people to freely share their stories online and receive donations. However, there were instances where funds were misused, such as individuals raising money for personal gain or fraudulent causes. This lack of transparency and the potential misuse of donations prompted the Department to address the issue.”
Karma Dorji emphasized on the need for regulation to protect donors from fake stories designed to evoke compassion, and ensure that funds are used appropriately. Without regulation, there is a risk of compassion fatigue, which could undermine the genuine charitable efforts of Bhutanese people, particularly in life-and-death situations.
“To obtain approval for a donation drive, applicants must present estimates of the required amount, backed by invoices. The Department works with the Bank of Bhutan (BOB), which creates a temporary dedicated account in the applicant’s name. The Department oversees transactions to ensure that funds are used appropriately, with payments made directly to vendors for expenses like personal costs, room rent, and transportation,” he said.
The Chief noted that if any unauthorized donation practices are detected, DLO will freeze the account to verify the cause’s legitimacy.
Regarding TikTok’s gifting culture, DOL stated it would not address this as it is a feature of the App.
Chief of DLO said that a shift in donation-seeking trends from Facebook to TikTok, with increasing activity now also observed on Telegram groups. While the trend initially started on Facebook, it has transitioned to newer platforms like TikTok and Telegram.
When asked about instances where fundraising efforts have backfired, such as legal action against those raising funds, DLO stated that there have been no reported cases of this nature.
Regarding the authorization of fundraising activities on social media for social causes, DLO clarified that such activities are not considered authorized unless the individual operates through a registered charity or Civil Society Organization (CSO), or uses their own funds or donations from well-wishers. Also mentioned that the fundraiser accounts will be frozen if they are caught seeking donations openly on social media platforms.
DLO has sanctioned approximately Nu 70 million worth of authorized donations from June 2021 to date. These funds have primarily been raised for medical cases such as bone marrow and liver transplants.
Currently, DLO is working on developing guidelines for authorized donations, which are expected to be completed by the end of the year. DLO noted that accounts cannot be frozen unless the individual is openly soliciting donations online.