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Philippines daughter. In his show, the elder Duterte said, “But your first target there, using your intelligence funds, is you, France, you communists who I want to kill”279. Castro filed a criminal complaint for grave threat, which is a criminal offence under Article 282 of the country’s Revised Penal Code. Grave threat is a crime against personal security which occurs when “any person threatens harm or wrongdoing on another person, including on her/his honor, property or family”. Castro’s criminal case, the first criminal charge against Duterte since his presidency ended in June 2022, was significant as an opportunity to see the former president undergo a court trial for red-tagging. As red-tagging often happens online, predominantly on social media, it can be difficult to pinpoint as attackers are often anonymous. Leonardo “Cong” Corrales, editor-in-chief of the Mindanao Gold Star Daily, took a different approach when he filed a complaint against Meta for being red tagged by anonymous users on the platform. Corrales filed a complaint to the National Privacy Commission (NPC) to compel Meta to disclose the identities of the anonymous 279 280 281 282 283 attackers, so that he could take legal action to hold them accountable280. Before filing his complaint, Corrales initially requested Meta information the accounts that attacked him. However, Meta responded by only taking down the attack posts, stating the company needed “legal processes” to provide Corrales with the requested information281. The complaint states that Meta failed to uphold Corrales’ right to access information under the 2012 Data Privacy Act282. The case is significant as it can open the possibility of exposing anonymous attackers and bring justice to their victims. Overall, observers note the decline of the crackdown on the media compared to the Duterte administration 283, during which outlets including RAPPLER, ABS-CBN, Bulatlat, Pinoy Weekly, and the Philippine Daily Inquirer regularly experienced intimidation, harassment, lawsuits, and operational restrictions. Despite this decline, it is inaccurate to state that the overall situation of the media under the Marcos Jr. administration is safe because of limited efforts by government to improve media safety. Carreon, Gerard. “In Complaint, Philippine Congresswoman Accuses Ex-president Duterte of Making Death Threat.” Benar News, 24 Oct. 2023, www.benarnews.org/english/news/philippine/ death-threat-10242023124357.html. Baizas, Gaby. “In Unprecedented Move, Filipino Journalist Harassed Online Files Complaint vs Meta.” RAPPLER, 5 May 2023, www.rappler.com/nation/journalist-cong-corrales-harassed-online-complaintmeta-may-2023. Ibid. Ibid. Ratcliffe, Rebecca. “A Year of Marcos Jr: How a Dictator’s Son Has Changed the Philippines.” The Guardian, 29 June 2023, www.theguardian.com/world/2023 jun/30/a-year-of-marcos-jr-how-a-dictators-son-has -changed-the-philippines. 75

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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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