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ASEAN Regional Coalition to #StopDigitalDictatorship 5. Myanmar DIGITAL SPACE & ONLINE FREEDOM STATUS OF THE COUNTRY DEMOCRATIC STATUS OF THE COUNTRY YEAR (according to the Freedom In The World index) 2020 30/100 2021 PRESS & MEDIA FREEDOM STATUS OF THE COUNTRY (Digital Space Status) (according to the World’s Press Freedom Index) 31/100 139/180 (55,23) NOTFree) FREE (Not DIFFICULT Difficult 28/100 17/100 140/180 ( 53,86) NOTFree) FREE (Not DIFFICULT Difficult 2022 9/100 12/100 176/180 (25,03) 2023 9/100 10/100 173/180 (28,26) FREE NOTFree) FREE (Not NOTFree) FREE (Not NOTFree) FREE (Not NOTFree) FREE (Not (Not NOTFree) FREE Scores 100-70 VERY (NotSERIOUS Free) (Not NOTFree) FREE PARTLY FREE Scores 69-40 VERY Very SERIOUS Serious 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. 5.1: Summary of freedom ratings for Myanmar, 2020-2023.1 5.1 Legal Framework is noteworthy that Article 354 only granted this right Freedom of Expression: Not Recognised by Law, Yet Legally Restricted In Myanmar, the revolutionary government – the National Unity Government (NUG) – alongside its associated pro-democracy actors, has repealed the military-authored 2008 Constitution and replaced it with a temporary one with the aim of adopting a publicly mandated constitution in the near future. to Burmese citizens, in a country where many ethnic groups–notably the Rohingya–have been stripped of citizenship. Additionally, the Unlawful Associations Act delegates the “President” to decide which groups are considered unlawful. Their members and anyone contributing to one of these groups face up to three years’ imprisonment according to section 17(1). Since its implementation in 2015, the Act has been frequently used to target groups.3 Article 354 of the 2008 Constitution guaranteed the A large number of restrictions excessively infringe upon right to freedom of expression to Burma citizens online freedom, including the 2013 Telecommunications insofar as it is not “contrary to the laws, enacted for Law. Excessive restrictions are also found in the Union security, prevalence of law and order, community Electronic Transactions Law (ETL), the 2014 Printing peace and tranquillity or public order and morality.” It and Publishing Law and the Penal Code (1861) which 2 Myanmar 181

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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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