Curtailing Free Expression, Opinion and Information Online in Southeast Asia
to the internet is shut down.
In the case of Manager Online, for example, criminal defamation
charges led to a settlement where the news website was compelled to publish a
“clarification statement” on its website. These could have negatively impacted
upon the rights of academics, researchers or civil society representatives who
reside outside of Thailand to receive accurate information regarding a case
of torture or ill-treatment within the country. Similarly, in Myanmar, the
internet shutdown in Rakhine and Chin states restricted access to information
by individuals and lawmakers within townships as well as access by those
working with humanitarian and human rights organizations who required
such information to deliver necessary services.
Extraterritorial reach not only increases risks of infringing the
rights of individuals but also places obstacles and onerous requirements on
authorities or corporate bodies in other jurisdictions that are implementing
their obligations to protect free expression, opinion and information. Thus,
Singapore’s POFMA, places burdens on internet access providers and
internet intermediaries to limit any expression or information deemed in
violation of the law as long as the end-user is situated in Singapore. These
burdens are likely to not only impact ICT companies but also journalistic
outlets. International news organizations have been subject to defamation
proceedings and slapped with excessive fines for reporting on matters deemed
to violate the law in Singapore. Vietnam’s LOCS, meanwhile, not only
increases risks of infringement of the right to privacy of individuals through
data localization in Vietnam but also places burdens on ICT companies to
remove information from their platforms, which can impact on the rights of
users of the platforms outside of Vietnam. States have the right to regulate
ICT companies to ensure protections against rights violations online, but
these regulations should not be drafted, interpreted or enforced in a manner
which facilitates or enables rights violations.
Information intended to be public vs. information intended to be private
Previously clear distinctions between private and public communications
have also been complicated by some of these legal frameworks. Posts or
information shared on Facebook on “public” settings, for example, can be
generally deemed to have been shared with an intention to make them public
information,584 while messages shared between individuals via Whatsapp
584 Facebook, ‘What is public information on Facebook?’, Available at: https://www.facebook.com/
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