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Dictating the Internet:
approach can provide. While this report focuses on Southeast Asia, these
issues are clearly of global concern, and many will require solutions at a
global level.19
***
This report begins by explaining how governments in Southeast
Asia have historically used laws and legal frameworks to censor or otherwise
regulate content and define what constitutes “legitimate” expression online
primarily for political reasons, including preservation of their own power
and authority. Importantly, legislative efforts by governments within the
region have bolstered and reinforced similar efforts by their neighbours.
This trend to exercise greater controls over online speech is in many cases
a natural evolution from past attempts to suppress critical voices, and
can be addressed with many of the same law and advocacy tools used
by human rights defenders in the past. In other cases, new technologies
have transformed the conversation in a more dramatic way – such as the
introduction of more comprehensive legal regimes regulating cybersecurity
and online communications – and may require more creative legal and
technological responses.
Southeast Asia has consistently been ranked as one of the weakest
regions in the world in protecting the rights to free expression, opinion and
information. In 2019, a report by international non-governmental organization
on media freedoms, Reporters Sans Frontières, ranked Southeast Asia in the
bottom third of the World Press Freedom Index,20 and noted that six of the
ten States had declined in media freedom from 2018.21 The regional backslide
in rights protection has only intensified in recent years, with governments
targeting expression and information online by introducing repressive laws
justified by the need to combat online hate speech, disinformation and
cyber-attacks.
19
20
21
The UN Special Rapporteur on freedom of expression highlighted that the restriction of free
expression online was a “global phenomenon”. See Al Jazeera, ‘UN investigator David Kaye:
Break up Facebook, Google’, 9 June 2019, Available at: https://www.aljazeera.com/programmes/
talktojazeera/2019/06/special-rapporteur-freedom-speech-190608101807323.html
Southeast Asia has consistently fallen in the bottom third of rankings since RSF’s annual publishing
of the World Press Freedom Index began in 2002. See RSF, ‘The World Press Freedom Index’,
Available at: https://rsf.org/en/world-press-freedom-index
Southeast Asian Press Alliance, ‘[Regional] Journalist safety declines as authoritarian regimes
tighten grip on media —RSF’, 18 April 2019, Available at: https://www.seapa.org/regionaljournalist-safety-declines-as-authoritarian-regimes-tighten-grip-on-media-rsf/