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ASEAN Regional Coalition to #StopDigitalDictatorship Fig. E: List of laws weaponised by ASEAN governments to curb online freedoms through Digital Dictatorship, and justifications for their usage. CAMBODIA INDONESIA LAOS Article 494 - Criminal Code Sedition was declared as “unconstitutional” (2007) Article 297 – Penal Law MALAYSIA Section 3 - Sedition Act (2015) Sedition Communications and Multimedia Act (1998) Article 433 & 434 – Criminal Code Defamation Lèse-majesté Articles 305 to 308 - Criminal Code Article 27(A) - Electronic Information and Transactions (No. 1 of 2024 as the second revision of No. 11 of 2008) Articles 117, 205 & 206 - Penal Law Sections 499 to 502 - Penal Code Article 10 - 1995 Press Law Article 437bis - Criminal Code / / / Articles 263 & 264 - Criminal Code Cybercrime Law (2021) Fake news Article 28 - Electronic Information and Transactions (No. 1 of 2024 as the second revision of No. 11 of 2008) Articles 425, 494 & 495 - Criminal Code Article 117 - Penal Code Anti-Fake News Act (2018) Law on Prevention and Combating Cyber Crime (2015) Decree No. 327 - Internet-Based Information Control/Management (2014) Broadcasting Law (No. 32 of 2002) ISPS, media, and tech companies Electronic Information and Transactions (No. 11 of 2008) Press Law (1995) Telecommunications Law (2015) Press Law (No. 40 of 1999) Telecommunications Law (No. 36 of 1999) Telecom Law (2021) Law on Information and Communication Technology No. 02/ NA (2016) Section 505(b) - Penal Code Section 233 - Communications and Multimedia Act (1998) Communications and Multimedia Act (1998) Printing Presses and Publication Act (1984) Evidence Act (1950) Security Offences (Special Measures) Act (2012) Mass surveillance Covid-19 temporary and emergency laws, regulations, task forces. National Internet Gateway SubDecree (2021) State Intelligence Law (2011) Amended Prevention of Crime Act (2014) Section 5 - State of Emergency Law (1959) Section 5 - Law on the Management of the Nation in a State of Emergency (2020) Section 11 - COVID-19 Law (2020) COVID-19 Law (2021) National Committee for Combating COVID-19 (Task Force, January 2020) StopCOVID-19 (Tracking Device, April 2020) SIM Card Registration (2020) National Taskforce Committee for COVID-19 Prevention and Control (Task Force, May 2021) Emergency (Essential Powers) (No.2) Ordinance (2021) Ministerial Regulation Number 5/2020 on Private Electronic System Operators (MR 5/2020) Special Task Force (Fake News Task Force, May 2021) Special Ministerial Committee on COVID-19 (Task Force, March 2020) Satgas Penanganan COVID-19 (COVID Task Force, March 2020) LaoKYC (Tracking Device, June 2020) MySejahtera & MyTrace (Tracking Devices, April 2020) PeduliLindungi (Tracking Device, April 2020 The laws and regulations featured on this table don’t belong to a single defined category but can also be placed within other categories. While the list is not exhaustive, it captures the essence of the primary legal frameworks in place. 24 Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia

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Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia March 2024

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English

Topic

Digital Rights
Digital Surveillance
Information Operation
Internet Restrictions

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MANUSHYA

Date Published: Mar 8, 2024

Abstract: Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia March 2024 Whether we like it or not, we are living through a pivotal moment for the future of human rights. This includes the issue of our digital rights, and the question of our online freedoms. In places like Southeast Asia, where the majority of its peoples are experiencing immense threats to their online and offline freedoms, at the hands of opportunistic governments and corporations, this is especially prevalent. The digital space has become an integral part of human life, and is still growing in its influence over our world. Accordingly, if our freedoms in the digital space are endangered, our freedoms overall are endangered as well.

It is understandable to feel powerless while possessing this knowledge. But it is not enough to just know about the forces acting against our human rights, and understand that they are dangerous. If we truly want to create a safer, more equitable, more liberated world - which we all know, deep down, is possible - we must understand these forces, and act accordingly. We must equip ourselves with knowledge about what governments, corporations, and other powers that be are doing, alongside demanding our rights to freedom. The powers that be have weaponised the online and digital space, as well as the law, against the people that these things are supposed to serve and protect. It is our right to protect ourselves with research, knowledge, advocacy, and the power of the people. When we understand the powers we are up against, fighting back will become less daunting.

This is what our report, titled Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia, is for. Join us in powering ourselves with knowledge, in order to compel ourselves to action!

As always, our work is rooted in decolonial, feminist, intersectional values, with historically marginalised people at the centre. Thus, this work was a collaboration between a coalition of groups oriented in these values: ALTSEAN-Burma, Cambodian Center for Human Rights, ELSAM, Free Expression Myanmar, Foundation for Media Alternatives, ILGA Asia, Manushya Foundation, The Rohingya Maìyafuìnor Collaborative Network, SAFEnet, Viet Tan, and Women’s Peace Network. What is the ASEAN Regional Coalition to #StopDigitalDictatorship? The ASEAN Regional Coalition to #StopDigitalDictatorship was established in 2020, by human rights and digital rights activists from Southeast Asia, on a mission to decolonize digital rights and restore our online democracies.

Together, we stand in solidarity with one another, with people from the Global Majority, resisting and pushing back against authoritarian governments and complicit tech companies.

We tell our realities from the ground, and we develop solutions together.

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Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia March 2024

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