126 Dictating the Internet: defamation-type offence of “slandering, blaspheming or using impolite words”, using computer data and information to “destroy national security, peace and order in society, national culture and fine traditions of the nation” and the “convening, persuading or encouraging of people to separate national solidarity”.480 viii. Laws which aim to protect cybersecurity Laws and regulations ostensibly designed to protect cybersecurity have also been adopted – significantly expanding government control of the online sphere through legalizing government monitoring and regulation of online information systems, electronic data and networks, technological companies and intermediary bodies. These cybersecurity laws again adopt the objective of protecting “national security” to justify problematic provisions which could be used to suppress expression on a more widespread and systematic manner than older laws. This is evident in Vietnam, Thailand and Cambodia. The protection of national security is a legitimate purpose for the restriction of freedom of expression and information, but any restriction must be strictly necessary and proportionate to that legitimate aim.481 What we instead see in Southeast Asia, is the crafting of legal frameworks purportedly to address legitimate security interests which may in certain respects provide for strong regulatory measures against threats to security in the cybersphere, but do not comport with the requirements of necessity and proportionality. They incorporate problematic provisions which are not human rights compliant and allow for further infringement of the rights of individuals online. The UNGPs oblige States to enact effective laws, regulations and policies to ensure that ICT companies and other corporate internet service providers duly respect and protect human rights in the provision of their services.482 While appropriate oversight and regulation of ICT companies and cyberspace is, therefore, necessary, the laws covered below will reflect that measures taken in the region raise risks of further rights violations online – of free expression, information and privacy – rather than strengthening protections against these violations. 480 Law on Cybercrime, articles 13(1), 13(3), 13(4). 481 See Section II (ii). 482 See Section II (v).

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