Exploring the Nexus between Technologies
and Human Rights
12
situation continues into the digital era, where legal frameworks have been updated to
cover communication on the Internet, such as anti-misinformation or cyber libel laws
which have mushroomed within the region, to enable individual countries to tighten
control on online speech. To further illustrate the point, none of the eight Southeast Asian
countries assessed under Freedom House’s Freedom on the Net report in 2018 obtained a
“Free” status in terms of Internet freedom. Five Southeast Asian countries gained a
“Partly Free” status (Cambodia, Indonesia, Malaysia, Philippines, and Singapore) while
three countries were “Not Free” (Myanmar, Thailand, and Vietnam). As stated by the
report, not only legal frameworks are employed - other mechanisms include the blocking
of content and platforms, manipulating online discussions through astroturfing, and
conducting technical attacks against human rights defenders.
To understand the bigger picture of how to defend and uphold rights in this digital age, a
good place to start is to observe the frontliners who are already doing it. The first hurdle
that we encounter in this endeavour, however, is the lack of understanding or conceptual
clarity of what digital rights actually is (Dheere, 2017). This lack of clarity undermines
any academic work building upon the concept, to be akin to blind men describing an
elephant by touching different parts of its body. Therefore, the first objective of this
chapter is to build a conceptual framework of what digital rights is, by drawing from
insights provided by digital rights advocates themselves. After forming a clearer picture
of digital rights, the second research objective is to look at the digital rights movement
in Southeast Asia, specifically the work that advocates do and the challenges that they
face in mainstreaming problems of digital rights issues to the rest of civil society and the
wider public. As little has been written on this nascent topic in the context of Southeast
Asia, this study provides a baseline understanding of where the digital rights movement
is at the moment, focusing on gaps to be bridged, thus providing the basis for strategising
further in advocacy work.
Data collection was done through focus group discussions with digital rights advocates,
at the national levels of Malaysia, Thailand, and the Philippines, and also at the regional
level. From the analysis of the data, it was found that digital rights is seen differently
according to how “digital” is interpreted and if one approaches it from developmental
angles of access and governance. The umbrella of digital rights therefore contains four
spheres: 1) through viewing the digital as a space/spaces and thus digital rights as a
translation of conventional rights to digital spaces, 2) through viewing the digital as data
representation of physical entities, therefore focusing digital rights on data security and
privacy, 3) access to digital spaces and meaningful participation, and 4) participation in the
governance of the digital or the Internet. Currently, the lack of conceptual understanding
of digital rights slows the growth of the movement and weakens the ability of advocates
to work together or to communicate the importance of their work to a wider audience. A
major gap found is the lack of technical capacity in the digital rights movement, and most
of the work on the ground is focused on translating conventional rights to digital spaces.