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Malaysia in relation to issues of race and religion will be scrutinized, with the government possibly issuing a new law if necessary150. In Malaysia, race, religion, and royalty, or the “3R”, are prescribed in the Malaysian constitution. Race-based politics and policy are deeply entrenched with the Malays having more privileges than other races. Islam is also the official state religion, while the king is head of state, albeit with a largely ceremonial role. However, during the political crisis of 2020 which saw the collapse of the Pakatan Harapan government, the king intervened to settle the political deadlocks on the appointment of the prime minister. Given the centrality of the 3R, recent developments on the Sedition Act can thus be seen as revising the law to protect the three elements instead of human rights. Many see the Sedition Act as outdated. According to Minister Azalina Othman Said, the Act’s lengthy legal procedures are unsuitable for offences happening on social media platforms151. Meanwhile, Communications and Digital minister, Fahmi Fadzil welcomed 150 151 152 153 154 155 156 a suggestion to impose civil penalties for 3R offenses under a new law 152. As the country headed toward state elections in 2023, the government set up a “special unit” comprised of the Communications and Digital Ministry, the police, social media platform companies, and the MCMC to tackle negative narratives related to the 3R153, 154. In 2023, the government also announced that it had agreed to enact a Freedom of Information Act 155 and amend the1972 Official Secrets Act156. If enacted, the act will facilitate public access to information from the government and other public agencies or companies. 3. Information Control and Manipulation Malaysia’s state elections in 2023 saw the continuing rise of the Islamist political party, Malaysian Islamic Party (PAS), continuing a notable trend that began in the 2022 General Election. PAS is part of the Perikatan Nasional (PN), a coalition led Ibid. Yusry, Muhammad. “Fahmi Welcomes ‘3R’ Act as Means to Preserve Malaysia’s Peace and Security.” Malay Mail, 13 July 2023, www.malaymail.com/news/malaysia/2023/07/13/fahmi-welcomes-3r-act-as-meansto-preserve-malaysias-peace-and-security/79523. Ibid. “Malaysia to Set up ‘Special Unit’ Tackling Race, Religion and Royalty Issues Ahead of State Polls.” CNA, 19 July 2023, www.channelnewsasia.com/asia/malaysia-fahmi-fadzil-special-unit-3r-issues-race-religionroyalty-state-polls-3639221. Harun, Hana Naz, and Wara Zulkiflee. “Govt Sets Up Special Unit to Prevent Misuse of 3R During State Elections.” NST Online, 19 July 2023, www.nst.com.my/news/nation/2023/07/932484/govt-setsspecial-unit-prevent-misuse-3r-during-state-elections%C2%A0. “Govt Agrees to Enact Freedom of Information Act.” Free Malaysia TODAY, 14 Sept. 2023, www.freemalaysiatoday.com/category/nation/2023/09/14/govt-agrees-to-enact-freedom-of-information-act. Ibid. 49

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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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