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ASEAN Regional Coalition to #StopDigitalDictatorship 3. Lao PDR (Laos) DIGITAL SPACE & ONLINE FREEDOM STATUS OF THE COUNTRY DEMOCRATIC STATUS OF THE COUNTRY YEAR (according to the Freedom In The World index) 2020 14/100 2021 13/100 2022 13/100 2023 13/100 (according to Manushya Foundation’s Assessment) (Not NOTFree) FREE (Not NOTFree) FREE (Not NOTFree) FREE Scores 100-70 (according to the World’s Press Freedom Index) NOT FREE 172/180 (35,72) NOT FREE 172/180 (29,44) VerySERIOUS Serious VERY VERY VerySERIOUS Serious (Not NOTFree) FREE FREE PRESS & MEDIA FREEDOM STATUS OF THE COUNTRY NOT FREE 161/ 180 (36,64) NOT FREE 160/180 (36,66) PARTLY FREE Scores 69-40 VerySERIOUS Serious VERY VerySERIOUS Serious VERY NOT FREE Scores 39-0 GOOD SATISFACTORY PROBLEMATIC DIFFICULT VERY SERIOUS 85–100 points 75–85 points 65–75 points 45–65 points 0–45 points Fig. 3.1: Summary of freedom ratings for Lao PDR (Laos), 2020-2023.1 Criminalisation of Defamation: the Penal Code 3.1 Legal Framework Freedom of Expression is Guaranteed but Illegitimately Restricted The Lao Penal Code provides vague and broadly Although the Lao Constitution recognises basic 94 and 95 of the 2005 Penal Code) provide broad human rights, there are many laws that hinder online definitions of defamation. More precisely, article 205 freedoms. Article 34 of the Constitution provides that stipulates that “any person severely damaging the “the state acknowledge[s], respect[s], protect[s], and reputation of another person or resulting in severe guarantee[s] the human rights including fundamental damage to the other person’s honour through written, rights of the citizen in accordance with the law.” The verbal or other means and any person seriously rights to freedom of speech and press are recognised infringing upon the dignity or honour of another shall under Article 44 of the Constitution but should not be be sentenced to imprisonment for a term ranging “contrary to the laws.” Similarly, Article 23 prohibits from three months to one year or by reeducation all “cultural and mass media activities” contrary to without deprivation of liberty and a fine ranging from “national interests” or “traditional culture and dignity.” LAK 1 to 5 million ($52–262).”3 Lao PDR 2 formulated offences of defamation, libel and insult. Articles 205 and 206 of the 2017 Penal Code (Articles 117

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

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Language

English

Topic

Digital Rights
Digital Surveillance
Information Operation
Internet Restrictions

Author(s)

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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