138
Dictating the Internet:
criminalized the “obtaining of any data considered to be confidential and
which are specifically protected against unauthorized access” – which neither
included protections for individuals who had received such information by
mistake, nor protected against content released in the public interest, such
as information gleaned from journalistic reporting.545 The second draft further
provided, as with Thailand’s Cybersecurity Act, for broad powers for the
police to investigate “cybercrimes”, search and seize property of suspect
individuals, and failed to ensure independent and impartial oversight or
procedural safeguards.546
Cambodia’s efforts to draft a Cybercrime Law is informative in
showing how the government sought to include broad defamation, sedition
and national security-linked offences as potential “cybercrimes”, as well
as an example of how the law-making process was strongly influenced by
other laws in the region – namely Thailand’s Cybersecurity Act. In July 2019,
it was reported that the Ministries of Justice and Interior were reviewing
the draft of the Cybercrime Law.547 At the time of this publication of this
report, it remained unclear as to what exactly the law would regulate or
criminalize online as an official draft of the law has not been released for
public consultation.
ix. Laws abused to justify internet shutdowns
States in the region face genuine challenges such as proliferation
of hate speech and incitement to violence online, online disinformation
and threats of cyber-attacks. While the above sections have looked into
laws brought into force to purportedly combat online disinformation and
protect cybersecurity, this section analyzes how the Telecommunications
Law in Myanmar has allowed the government to shut down the internet to
purportedly ensure public order in response to proliferation of hate speech
and incitement to violence online. In addition, this section also addresses
Philippines, Indonesia and Vietnam, where it was not even clear which laws
were used to justify police requests to shut down the internet in the interests
of ensuring public order. These shutdowns occurred without prior notice to
the public and without clear justifications provided by the authorities to
explain precise policy and legislative aims behind such measures.
545 Ibid.
546 Ibid.
547 Mech Dara, ‘Ministries review content of draft law on cybercrime’, Phnom Penh Post, 12 July 2019,
Available at: https://www.phnompenhpost.com/national/ministries-review-content-draft-lawcybercrime