So if it’s libel and you used a cell phone, it’s
called cyber-libel. So [it’s not just] the cyber-libel
[provision that] is problematic, the libel law itself
is. For many years, journalists have been calling
for the decriminalization of libel. [And now] you
add another dimension to that by criminalizing
cyber-libel. Authorities can now use the law to
persecute and prosecute, not just journalists, but
ordinary citizens. (interview, 2021)
A prominent case concerning cyber-libel took
place in 2020, when the well-known Filipino
journalist and executive editor of the online news
website Rappler, Maria Ressa, was found guilty
of cyber-libel. A former writer and researcher,
Reynaldo Santos Jr., was also found guilty. This
prominent case made headlines internationally,
and raised fears about the consequences of
the verdict for freedom of expression and press
freedom in the Philippines (Ratcliffe 2020b).
Furthermore, empowering the state with the ability
to legislate truth and falsehood increases the power
imbalance between the government and those
who may try to push back against state narratives.
Kirsten Han observed some of the challenges that
journalists face due to Singapore’s POFMA:
I think you become quite aware that you’re quite
vulnerable. Because [the government] gets to
say what is fake news. Particularly when I work
on issues that might be sensitive, like prisoners’
rights, like police conduct—when people make
comments about the police, policing powers,
and they make allegations about prison officers
or police officers misbehaving, then it’s very
difficult to tell those sorts of stories. Because it’s
so hard to prove. For example, I did a story about
a prisoner who said that he was being bullied in
prison. But as a journalist, I don’t have access to
prison, because the government controls that as
well. I can’t interview him directly. I interviewed
his mother. And all the prisoners, the former
prisoners whom I interviewed, who backed him
up, don’t have documentation on this. They say
things like, “Oh, I wrote it down. But when I was
released from prison, they took the notebook.”
So as a journalist, that makes me quite nervous.
Because it’s important enough to tell the story,
but how can you tell it without being POFMA’d?
I N FO R M ATI O N D I SO R D ER IN THE GLOBA L SOUTH
Because if they just say, “Well, that’s not true,” it’s
very hard to respond to that. Because they have
all the access to information and data as well.
There’s no independent oversight into things like
prison or police. So if they say it’s not true, then
there’s not a lot that we can do. So that’s a big
problem. I think POFMA just adds to that. And
I think NGOs that deal with sensitive topics like
sex workers, or LGBT people have to grapple with
that as well. (interview, 2021)
Arbitrary and politically motivated enforcement
of laws and prosecution is another concern. For
example, it has been argued that Sri Lanka’s ICCPR
Act has been used to target religious minorities,
while members of the Buddhist clergy who have
made incendiary statements have not been
prosecuted (Mahamoor 2019). Qadaruddin Shishir
from Bangladesh observed: “If I am a normal citizen
or a journalist, if some website writes some random
fake news about me, [I can] go to the police and
report my case, but there will be no action against
those perpetrators, criminals or those information
spreaders. But if I am [highly] connected, to a
political party or government people, then I can
have a remedy” (interview, 2021).
Lack of genuine public consultation about such
laws is another issue. Shmyla Khan of the Digital
Rights Foundation recalled the public consultations
around the cybercrime law in Pakistan:
We had written input, but there were also inperson consultations. Meetings were called in
Islamabad, [and] civil society had access to
some of them. For example, the Minister of
IT was present at some of the meetings. We
did have access to high-level [officials] at the
government’s meetings, and some consultations
we did on our own. For example, we had certain
senators or members of the national assembly
attending who were sympathetic to a civilsociety-led consultation. They could come in and
see what the trends were and a lot of them did
raise objections, [which] we talked about later
on. But that was a small minority of lawmakers.
I think a big issue is [that] the government will
invite you for consultations after you make
some noise. But eventually, the draft that comes
out discards most of what you said. So, there’s
this question of how do we ensure that those
consultations are meaningful, rather than just
being an eyewash. (interview, 2021)
In addition, media regulation legislation can drive
up censorship. For example, in the Central Asian
Asia – 2 2 3
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