Curtailing Free Expression, Opinion and Information Online in Southeast Asia
the nation.”307 It also explicitly covers information shared on social media
platforms, webpages and websites, extending criminalization of existing
offences under Laos’ Criminal Code to the online sphere in a manner to
the operation of Thailand’s CCA, Malaysia’s CMA and Philippines’ CPA have
been as described above.
Case of Somphone Phimmasone, Lod Thammavong
and Soukane Chaithad
In March 2017, Somphone Phimmasone, Lod Thammavong and
Soukane Chaithad were arrested upon returning to Laos from Thailand,
where they had made posts on their Facebook accounts reportedly criticizing
the Lao government of corruption and human rights violations.308
After being held incommunicado – in violation of articles 7 and 9 of the
ICCPR – in May 2017, they appeared on State-run television at the police
headquarters, where the news reported that they had been arrested
for “threatening national security by using social media to tarnish the
government’s reputation”.309
They were charged under articles 56 (“treason to the nation”), 65
(“propaganda against the Lao PDR”) and 72 (“gatherings aimed at causing
social disorder”) under the Criminal Code.310
In a secret trial which reportedly took place in April 2017, Phimmasone
was sentenced to 20 years’ imprisonment and fined 210 million kip
(approx. USD 24,100), Chaithad was sentenced to 16 years’ imprisonment
and fined 106 million kip (approx. USD 12,200), and Thammavong was
sentenced to 12 years’ imprisonment and fined 110 million kip (approx.
USD 12,650).311
307 Decree No. 327, article 2.
308 FIDH, ‘Three government critics jailed for up to 20 years’, 16 May 2017, Available at: https://
www.fidh.org/en/region/asia/laos/three-government-critics-jailed-for-up-to-20-years; Ron Corben,
‘Rights Groups Call for International Community to Press Laos on Jailed Activists’, Voice of Asia,
26 June 2017, Available at: https://www.voanews.com/east-asia/rights-groups-call-internationalcommunity-press-laos-jailed-activists
309 Ibid.
310 FIDH, LMHR, 18 July 2019, para 7.
311 Ounkeo Souksavanh, Richard Finney, ‘Three Jailed Lao Workers Were Also Fined, Sources
Say’, Radio Free Asia, 29 June 2017, Available at: https://www.rfa.org/english/news/laos/
fined-06292017173030.html; They remain in prison. See Ounkeo Souksavanh, Richard Finney,
‘Lao Workers Jailed For Criticizing Government Are Separated in Prison’, Radio Free Asia, 19
October 2018, Available at: https://www.rfa.org/english/news/laos/separated-10192018145914.
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