Curtailing Free Expression, Opinion and Information Online in Southeast Asia
application to Filipino nationals posting information online outside of the
Philippines.475
Lao PDR
In July 2019, Laos’ Ministry of Information, Culture and Tourism
issued a government order requiring all administrators of news and
information-sharing groups on social media platforms to register with the
ministry’s media departments, towards “controlling the spread of fake
news and disinformation on social media”.476 In announcing the order,
the Director-General of the ministry’s Mass Media Department noted that
this regulation would operate in line with Laos’ Law on Prevention and
Combating Cyber Crime 2015 (‘Law on Cybercrime’), which under article
8 criminalizes the “causing of damages via online social media” with up to
three years’ imprisonment and a fine of up to 20 million Kip (approx. USD
2,290).477 Social media platforms must also operate in accordance with the
amended Media Law of 2008, enacted in 2016, to “ensure that the media
implements their duties … to be a sharp voice of the (ruling Lao People’s
Revolutionary) Party and the people in order to propagate the guidelines and
directions, and laws and social-economic development plans of the State”.478
Lack of clarity about how the government order will be imposed
in practice and the Lao government’s track record in clamping down on
freedom of expression, whether online or otherwise, raise serious concerns
that this new order will effectively further curtail independent reporting and
information online. This risk is intensified by the Media Law, which provides
for near-absolute State control of the media,479 and the Law on Cybercrime.
This Law provides for criminal liability for overbroadly conceived “offences”
such as “causing of damages via online social media” which includes the
475 AFC Bill, section 9.
476 Richard Lipes, ‘Laos Moves to Register Private Online News Sites in a Bid to Control ‘Fake
News’’, Radio Free Asia, 19 July 2019, Available at: https://www.rfa.org/english/news/laos/
register-07192019160935.html; Souksakhone Vaenkeo, ‘Ministry orders registration of social
media news platforms in Laos’, Asia News Network, 16 July 2019, Available at: http://annx.
asianews.network/content/ministry-orders-registration-social-media-news-platforms-laos-100198
477 Ibid.; Law on Prevention and Combating Cyber Crime 2015 (No. 61/NA)(‘Law on Cybercrime’),
articles 8, 13, 62(5), English translation available at: https://www.laocert.gov.la/ftp_upload/
Cyber_Crime_Law_EnVersion.pdf
478 Vientiane Times, ‘Social media platforms yet to register as required by law’, 10 August 2019,
Available at: http://www.vientianetimes.org.la; Ounkeo Souksavanh, Roseanne Gerin, ‘Lao
Lawmakers Approve Restrictive Amendment to Media Law’, Radio Free Asia, 10 November
2016, Available at: https://www.rfa.org/english/news/laos/lao-lawmakers-approve-restrictiveamendment-to-media-law-11102016153123.html
479 Southeast Asian Press Alliance, ‘[Laos] Critical cyberspace shrinks, mainstream press further
muted’, 3 May 2017, Available at: https://www.seapa.org/wpfd2017-critical-cyberspace-shrinksmainstream-press-further-muted/
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