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online service providers to take down content within a certain period or face suspension of their services. MR5 also mandates service providers to register as private “Electronic Systems O p e ra to r s ( E S O s ) ” . I t a l s o re q u i re s international service providers to locally store Indonesia data and gives authorities the power to access private data without adequate procedural safeguards. When the regulation came into effect in 2022, the government abruptly blocked access to a range of online services for failing to register as ESOs, including Steam, Epic Games, PayPal and Yahoo105. As of 2023, little public information is available regarding the government take downs of content, particularly those related to elections. At the end of 2022, the government adopted a new Criminal Code that will take effect in January 2026. The transition toward its effectivity is expected to introduce drastic changes in the country’s legal landscape as the government needs to revise laws, particularly the Criminal Procedure Code, to make it consistent with the new Criminal Code. The new law itself also contains controversial provisions including criminalization of insulting the president or state 105 106 107 institutions, blasphemy, protesting without notification, and spreading views against the country’s secular ideology. The laws are anticipated to result in serious consequences to human rights and democracy in Indonesia. 3. Information Control and Manipulation Indonesia has been known to impose disruptions of internet access or restrictions of online applications during political turmoil. Using the ITE law, the government blocked the Telegram messaging application in 2017 because various channels were full of “radical and terrorist propaganda, hatred, ways to make bombs, how to carry out attacks, [and] disturbing images”106. The block was eventually lifted after the company took steps to stop unlawful content following threats from the government it would permanently ban the application. In 2019, the government also restricted WhatsApp, Instagram and Twitter107, following riots arising from the defeat of presidential candidate, Prabowo Subianto, who did not accept the result. The riots that erupted were fueled by disinformation about election Roth, Emma. “Indonesia Bans Access to Steam, Epic Games, PayPal, and More.” The Verge, 31 July 2022, theverge.com/2022/7/30/23285091/indonesia-bans-access-steam-epic-games-paypal-yahoo. Beo Da Costa, Agustinus. “Indonesia Blocks Telegram Messaging Service Over Security Concerns.” Jakarta Globe, 15 July 2017, jakartaglobe.id/news/indonesia-blocks-telegram-messaging-servicesecurity-concerns. Singh, Manish, and Jon Russell. “Indonesia Restricts WhatsApp, Facebook And Instagram Usage Following Deadly Riots.” TechCrunch, 22 May 2019, https://techcrunch.com/2019/05/22/indonesiarestricts-whatsapp-and-instagram. 38

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Annual Report: Digital Rights in Southeast Asia 2023-2024

Report

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Language

English

Topic

Digital Rights
Digital Surveillance
Information Operation
Internet Connectivity / Accessibility
Internet Restrictions

Author(s)

DigitalReach

Date Published: Aug 6, 2024

Abstract: It is undeniable that information technology has significantly impacted human rights and democracy these days. Different governments around Southeast Asia continually attempt to control digital space through, for example, using repressive laws and regulations, forcing social media platforms to follow their orders, and using spyware and similar technology to surveil critics. In Southeast Asia, democracy and human rights have deteriorated because of these attempts, especially for countries under authoritarian regimes.

In order to better understand the situation, DigitalReach publishes annual reports to present and analyze the events and trends around the region. The 2023 annual report analyzes the digital rights situation in eight countries across Southeast Asia—namely Cambodia, Indonesia, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Vietnam–from January 2023 to December 2023, with glimpses of key updates into 2024, given the timing of its release.

The report format has been changed completely from the previous years. In order to more systematically present the developments observed, the report is organized into three key areas: (1) Legal and Policy Developments, (2) Information Control and Manipulation, and (3) Threats Against Critics and Political Opposition.

From a regional perspective, legal and policy developments in countries that are known to restrict human rights are still mainly about using or coming up with new policies to further suppress human rights in the digital sphere. Countries considered to be more democratic also attempt to change or repeal their laws, but still without a clear sign of improvement toward digital rights.

In terms of information control and manipulation, social media platforms continue to be deployed for political ends, with different platforms serving a specific purpose for each country. The shift toward short video format, TikTok in particular, continued from 2022 to contribute toward information disorder, especially during election periods. The use of video shorts is important when targeting young voters, who played an important role in determining election results in Thailand and Indonesia this year like they did in the Philippines and Malaysia in 2022. State-sponsored cyber armies were also documented, while some governments preferred to assert more effective control of social media platforms. Other important methods related to the flow of information include suppression of media freedom and internet disruptions, which are particularly severe in Myanmar following the 2021 coup.

Judicial harassment is a key form of threat used against critics and political opposition in 2023. It is still common for people in Southeast Asia to be thrown in jail for what they say or do online. Others who do not subscribe to the government’s ideology face online harassment from state-sponsored cyber armies or government supporters. In terms of surveillance, 5 out of 8 countries included in this report have been found to have or are likely to have spyware technology.

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2023-Annual-Report-FINAL-1.pdf
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Myanmar Internet Project

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Annual Report: Digital Rights in Southeast Asia 2023-2024

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