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Dictating the Internet:
commit such violations, by introducing the Cybercrime Prevention Act
that expanded criminalization of defamation to the online sphere, increasing
penalties for alleged “cyberlibel”.
Excessive penalties imposed upon individuals highlight the sheer
severity and lack of proportionality in legal sanctions imposed by governments
against perceived dissent in the region. A Vietnamese activist who sought to
raise awareness of environmental issues was sentenced to life imprisonment.
Thai individuals were tried for posting comments on Facebook deemed
“insulting” against the monarchy and given 35-year, 30-year and 28-year
imprisonment terms – which were themselves halved from original 70-year,
60-year and 56-year sentences because the defendants had pled guilty.
A Malaysian cartoonist faced potentially 43 years in prison for political
satire. Laotians who had made critical comments on Facebook against
their government while in Thailand were imprisoned for 12 years, 16 years
and 20 years and made to pay fines between 110 million to 210 million kip.
This amounted to approximately USD 12,000 to USD 24,000, a fine that is
exorbitant even in countries where the State’s GDP per capita or the daily
wage of an individual are far higher. The Thai military sought 10 million Baht
(approx. USD 330,000) in damages against a Thai news website for news
reporting. A Singaporean blogger was made to pay S$150,000 (approx.
USD 110,000) to the Prime Minister for alleged defamation A Bruneian
government employee fled after facing potential fines of up to B$16,000
(approx. USD 12,000) for making a comment criticizing a government policy.
News platforms were unilaterally blocked in Malaysia and Cambodia for
merely engaging in professional journalistic reporting, and Rappler in the
Philippines is currently facing 11 separate legal actions for independent
journalism – incurring also hefty costs in legal fees. Entire townships in
Myanmar were deprived of internet access, during a period of armed conflict
when such access was even more crucial for communication with family,
friends, townspeople and to access health, social or emergency services.
Newer legal regulations – under Singapore’s POFMA, Laos’
government order to register social media platforms, Vietnam’s LOCS
and Thailand’s Cybersecurity Act – also problematically sanction severe
penalties in imprisonment terms and hefty fines which are not countenanced
by provisions ensuring adequate and independent oversight and accountability
mechanisms.