Curtailing Free Expression, Opinion and Information Online in Southeast Asia
identity-based political polarization. In 2017, prior to Jakarta’s gubernatorial
elections, then governor Basuki Tjahaja Purnama, an ethnic Chinese Christian,
was convicted of blasphemy and sentenced to two years’ imprisonment after
a doctored video circulated online which misrepresented comments that
he made suggesting that certain Quranic verses had been inappropriately
invoked to discourage Muslims from voting for him.14 The maker of the video
was only held accountable after Purnama lost the elections and completed
his prison term.15 Prior to Indonesia’s 2019 general elections, the spread of
disinformation again posed serious problems. Between December 2018 and
January 2019, the civil society organization MAFINDO reported that online
disinformation had increased by 61 percent, with nearly half of such false
information being shared on Facebook.16
In Singapore, breaches of cybersecurity exposed confidential
information which infringed upon the privacy rights of individuals and
heightened potential risks of violation of other rights. Between June and July
2018, a cyber-attack on Singapore’s largest group of healthcare institutions
led to breach of privacy and stealing of confidential data from some oneand-a-half million patients.17 In January 2019, the Ministry of Health’s HIV
Registry was hacked and the confidential information of 14,200 HIV-positive
individuals was leaked – exposing a vulnerable community to increased risk
of discrimination, particularly with respect to the exercise of their rights to
health, work and social security.18
The threat of cyber-attacks and the proliferation of disinformation
and hate speech online are real problems, requiring urgent policy solutions.
The ICJ believes that such policies will be greatly improved if they are human
rights-compliant, frame these issues as human rights concerns, and employ
analytical tools and accountability mechanisms that an international law
14
15
16
17
18
Asian Correspondent, ‘Ahok release an uncomfortable reminder of the power of blasphemy laws’,
24 January 2019, Available at: https://asiancorrespondent.com/2019/01/ahoks-release-anuncomfortable-reminder-of-the-power-of-blasphemy-laws/
Ibid.
Kate Lamb, ‘Fake news spikes in Indonesia ahead of elections’, The Guardian, 20 March 2019,
Available at: https://www.theguardian.com/world/2019/mar/20/fake-news-spikes-in-indonesiaahead-of-elections. MAFINDO – Masyarakat Anti Fitnah Indonesia – began as a grassroots
movement, leading efforts to combat fake news online. See https://www.mafindo.or.id/about/.
Irene Tham, ‘Top-secret report on SingHealth attack submitted to Minister-in-charge of Cyber
Security’, Straits Times, 31 December 2018, Available at: https://www.straitstimes.com/
singapore/top-secret-report-on-singhealth-attack-submitted-to-minister-in-charge-of-cybersecurity
Salma Khalik, ‘Data of 14,200 people with HIV leaked online by US fraudster who was deported
from Singapore’, Straits Times, 28 January 2019, Available at: https://www.straitstimes.com/
singapore/data-of-14200-singapore-patients-with-hiv-leaked-online-by-american-fraudster-whowas; Sharanjit Leyl, ‘Singapore HIV data leak shakes a vulnerable community’, BBC, 22 February
2019, Available at: https://www.bbc.com/news/world-asia-47288219
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