ASEAN Regional Coalition to #StopDigitalDictatorship
results in potential abuse to prosecute activists
and journalists.
The 2014 amendment and the military’s unlawful 2021
amendment to the ETL restrict expression through
electronic transactions technology and establish
harsh criminal sanctions for those convicted. The
ETL had already been deemed restrictive prior to
the coup as its Section 33 criminalises the use of
electronic transactions technology to receive, send
or distribute electronic information which harms
state security, law and order, community peace and
tranquillity, national solidarity, the national economy
or the national culture, with a prison term ranging
from five to seven years. The 2021 amendment
adds several problematic provisions that enhance
the preexisting risks for crimes to be misconstrued
and curtail online expression. Particularly, Section
38B punishes individuals “obtaining, disclosing,
using, destroying, modifying, disseminating, or
sending someone’s personal data to anyone else
without approval,” with one to three years in prison.
Under Section 38C, the creation of “misinformation
or disinformation with the intent of causing public
panic, loss of trust or social division in cyberspace” is
subject to one to three years’ imprisonment in addition
to fines.18 As is the case with the abovementioned
laws, these provisions are imprecise and could be
employed to limit the exercise of expression online
and prevent the disclosure of information.
In November 2021, the military introduced so-called
amendments to the Broadcasting Law, expanding
licensing requirements to include online media. It
requires news websites that publish videos and
individuals sharing news videos on social media to
obtain a licence from the Ministry of Information. It
is above all law no. 63/2021, the Second Amendment
Law to the Television and Radio Broadcasting Law,
that is drawing attention. Non-compliance with
the law could lead to harsher penalties such as
imprisonment for a maximum period of five years.19
184
Draconian Cyber Security Law: More
Oppression in the 2022 Amendment and
the Outlaw of VPNs
Its latest draft, as circulated on Jan. 13, 2022,20
expands the scope of an earlier draft published in
202121 and grants the junta sweeping powers to
further suppress free expression in the country. It
confers unfettered authority to the junta to control
internet service and police content online on grounds
of “public interest.” A variety of vague and overlapping
crimes, such as online expression deemed to
constitute “misinformation” or “disinformation” that
causes hate and risks disrupting unity, stability and
peace, and “written and verbal statements against
any existing law,” are punishable by three years’
imprisonment, a fine or both. These provisions lack
clear definitions for key terms, potentially enabling
the military to prosecute individuals for posting
online content deemed threatening without precise
criteria or boundaries.22 The 2022 draft outlaws the
use of Virtual Private Networks (VPNs), infringing
upon individuals’ right to access information online.
Harsh penalties are furthermore applicable to any
person who encourages the use of VPNs. In addition,
provisions permit the arbitrary blocking of digital
businesses and social media without safeguards
or judicial due process, in violation of the right to
freedom of expression.23 Similarly to the military’s
2021 ETL amendment, accessing online content
deemed “illegal” or “unauthorized”, particularly if it
is considered confidential for reasons of national,
international, or multilateral security, with the intention
of damaging the country’s relationships with foreign
nations, may lead to prosecution. This provision poses
a threat to whistleblowers, investigative journalists,
or activists who aim to expose materials that could
undermine the regime via digital channels. In effect,
this law permits the military to justify taking action
against anyone who circulates information online
which may threaten its unlawful, brutal authority.24
Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia