Introduction
ARTICLE 19
Introduction
Across the Asia region, an explosion in internet use in recent decades has coincided with a
rise in authoritarianism in several countries. Governments in these countries are
increasingly pursuing repressive tactics and using more sophisticated technical surveillance
tools against those who express themselves online.
Many global tech companies have enthusiastically pursued users in Asian markets, often
without careful assessment of the human rights challenges involved when operating under
authoritarian regimes. These companies must now decide how to respond to regulatory
contexts which suppress freedom of expression and privacy. In some countries, tech
companies face legal and policy demands to cooperate directly in human rights abuses.
In this report, ARTICLE 19 examines such challenges in 3 countries governed by particularly
authoritarian regimes – China, Vietnam, and Myanmar – in order to identify strategies for
advancing business respect for human rights even where the domestic situation is not
favourable to this. For each country, we provide an overview of the current context and the
legal environment for tech companies operating there. We then look at how tech companies
have responded to government demands, providing case studies which highlight where
companies have been complicit in human rights abuses and where they have tried to push
back. Based on international human rights standards on freedom of expression and privacy,
as well as the United Nations Guiding Principles on Business and Human Rights (UNGPs),
we make practical recommendations for improving tech companies’ respect for human rights
in authoritarian contexts.
Although we provide recommendations to governments and companies operating in
authoritarian contexts, we believe that the support and collaboration of international,
regional, and local civil society is crucial to address the practices we document. International
groups and coalitions need to work together and with funders to find ways to support local
civil society groups working on issues of freedom of expression and privacy, taking into
consideration the realities of conducting advocacy in authoritarian contexts. In particular, we
believe it is necessary to build networks and connections between civil society organisations
based in authoritarian countries and those based in countries where tech companies are
headquartered, to amplify the voices of those impacted by rights violations. Civil society
should also continue to engage in public campaigns to challenge tech companies when they
fail to uphold their human rights responsibilities, as this has often been the most effective
avenue for triggering company action. Last but not least, civil society organisations should
expand advocacy focusing on the economic and business harms of human-rights-abusive
laws and policies, including in partnership with industry groups and tech companies, to
supplement human rights-based advocacy. They should also continue to undertake
research to expose abuses, develop best practices, and prepare tools and resources to help
tech companies better understand and implement the UNGPs in authoritarian contexts.
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