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counter-suits or for civil damages. However, three prominent activists, Carol Pagaduan Araullo271, Alfonso Tomas “Atom” Araullo272, and Teodoro “Teddy” Casiño273 sued SMNI hosts Lorraine Badoy and Jeffrey Celiz in 2023. In the lawsuit, Carol Araullo, a veteran activist and chair emeritus of the left-wing organization Bagong Alyansang Makabayan (Bayan) said that Badoy repeatedly tagged her as a terrorist and a member of the underground Communist Party of the Philippines (CPP) and its armed wing, the New People’s Army (NPA). Celiz also alleged that she is a leader of the CPP’s political arm, the National Democratic Front of the Philippines (NDFP). Both individuals described Carol as “a top recruiter for the CPP-NPA while posing as a human rights defender.” Araullo’s son, Atom, a high-profile journalist, was also labeled by the duo as the “son of a CPP central committee member.” Casiño, meanwhile, who is also a Bayan leader and a former legislator, stated that the two hosts have red-tagged him since 2020 by accusing 271 272 273 274 275 276 277 278 him of being involved in terrorism, rebellion, and other crimes as a high-ranking official of the CPP-NPA-NDFP. The three activists filed their lawsuits under the Civil Code’s articles 19 and 20 governing civil defamation. They stated that they do not want to use repressive criminal libel law to protect themselves against the Badoy and Celiz’s maligning claims274, 275. However, criminal cases have also been filed regarding red-tagging. Of these, the most well-known is the case against former president Rodrigo Duterte, filed by France Castro, a member of the House of Representatives276. The case arises from Duterte’s statements in an October 11 episode of his SMNI TV program, Gikan sa Masa, Para sa Masa. Duterte linked Castro to the communist armed movement and said that she should be killed277. His comments are believed to be in retaliation for Castro’s scrutiny of the 650 million pesos in funds for the Vice President and Department of Education Secretary Sara Duterte278, Rodrigo Duterte’s Mendoza, John Eric. “Badoy, Co-host Sued for Red-Tagging on SMNI Program.” INQUIRER.net, 19 July 2023, newsinfo.inquirer.net/1804192/badoy-co-host-sued-for-red-tagging-on-smni-program. Boiser, Abby. “Journalist Sues SMNI Hosts Over Red-Tagging.” INQUIRER.net, 12 Sept. 2023, newsinfo. inquirer.net/1830109/journalist-sues-smni-hosts-over-red-tagging. Bolledo, Jairo. “New Suit vs SMNI Hosts Shows How Hard It Is to Legally Beat Red-Tagging.” RAPPLER, 18 Dec. 2023, www.rappler.com/philippines/teddy-casino-sues-badoy-celiz-red-tagging-december-2023. Ibid. Aquino, Lyza. “Atom Araullo Files P2-M Civil Suit Vs Badoy, Celiz for ‘Red-Tagging’.” ABS-CBN News, 11 Sep. 2023, news.abs-cbn.com/news/09/11/23/atom-araullo-files-p2-m-civil-suit-vs-badoy-celiz-for-red-tagging. Valmonte, Keycee . “No Longer Immune From Suit, Duterte Faces Criminal Complaint From Castro.” RAPPLER, 24 Oct. 2023, www.rappler.com/philippines/rodrigo-duterte-faces-criminal-complaint-france-castrooctober-2023. Bolledo, Jairo. “No Local Trial for Rodrigo Duterte as QC Prosecutors Junk Grave Threat Suit.” RAPPLER, 12 Jan. 2024, www.rappler.com/philippines/quezon-city-prosecutors-junk-grave-threats-suit-rodrigo-duterte. “QC Prosecutor Junks Grave Threats Complaint vs Ex-pres. Duterte.�� ABS-CBN News, 12 Jan. 2024, news. abs-cbn.com/news/01/12/24/grave-threats-rap-vs-ex-pres-duterte-junked. 74

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Annual Report: Digital Rights in Southeast Asia 2023-2024

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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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