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Dictating the Internet:
(b) Emerging legal frameworks
vi. Laws which aim to regulate information online
Laws enacted or promulgated to regulate information online
towards the purported aims of protecting users of online networks and
platforms and ensuring security of online platforms have been invoked to
impermissibly restrict free expression and information. Laws in Myanmar,
Thailand, Indonesia, Malaysia, Philippines and Cambodia have adopted
similar frameworks to the laws previously covered in this paper – by
targeting expression or information alleged to be defamatory, seditious, or
detrimental to the security or interests of the nation. Laws and regulations
controlling the dissemination of information online have been misused to
target individuals, independent media outlets and journalists reporting on
matters of public interest and concern.
As noted in Section III(a), Myanmar’s Telecommunications Law
was promulgated to “protect telecommunications service providers and
users” and “supervise telecommunications service, network facilities and
telecommunications equipment for national peace and tranquility and for
public security”; Thailand’s CCA regulates the online sphere to prevent
“computer data… likely to cause damage to the protection of national security,
public safety… or cause panic to the general public”; and Indonesia’s UU
ITE was brought into force to ensure the “use and utilization of Information
Technology to maintain and strengthen the national union and unity in the
national interest” and “prevent misuse with due regard to religious and
social-cultural values of Indonesian society”.393 They have all been used
to mount or support criminal defamation charges against individuals who
merely exercised their fundamental freedoms online. Similarly, the CMA
has been used in Malaysia along with sedition charges to curtail freedom of
expression and information online.394
While these laws have already been discussed above to show how
they have supplemented older laws in the region, this section now focuses
on how key provisions have, in recent years, been crafted to directly address
issues that have emerged in the digital age. Unfortunately, the patterns
of abuse and their impacts are troublingly similar from a human rights
perspective.
393 Telecommunications Law, sections 4(d), 4(e); CCA, section 14(2); UU ITE, introductory paras (d),
(f).
394 See Sections III (ii), III (iii) above.