Curtailing Free Expression, Opinion and Information Online in Southeast Asia
The first five of these areas (Section III. a. Existing legal frameworks)
are generally part of the legal frameworks of the countries that have historically
been used to clamp down on free expression and information online, even
if the laws themselves were not specifically designed to address online
speech. In some cases, such as sedition and lesè majesté laws in the region,
centuries-old laws have been retained and misused to expand restrictions on
more contemporary forms of expression online, often augmented with new
legal provisions which expand government powers to regulate the internet.
The last four areas (Section III. b. Emerging legal frameworks)
are more recent efforts aimed at controlling expression and information on
the internet. These laws sometimes set up freestanding regulatory regimes
affecting the internet economy, particularly social media platforms, including
through the creation of new criminal causes of action or extending existing
causes of action in domestic criminal legal frameworks to the online sphere.
These laws pose a particular threat in that they expand States’ powers to
surveil and control information in the cybersphere, where vast amounts
of data can be systematically retained, recovered and misused to target
individuals. At the same time, there may be opportunities to engage with
governments and the private sector to find human rights-sensitive ways to
to address legitimate policy concerns.
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