126
Dictating the Internet:
defamation-type offence of “slandering, blaspheming or using impolite words”,
using computer data and information to “destroy national security, peace
and order in society, national culture and fine traditions of the nation” and
the “convening, persuading or encouraging of people to separate national
solidarity”.480
viii. Laws which aim to protect cybersecurity
Laws and regulations ostensibly designed to protect cybersecurity
have also been adopted – significantly expanding government control of
the online sphere through legalizing government monitoring and regulation
of online information systems, electronic data and networks, technological
companies and intermediary bodies. These cybersecurity laws again adopt
the objective of protecting “national security” to justify problematic provisions
which could be used to suppress expression on a more widespread and
systematic manner than older laws. This is evident in Vietnam, Thailand
and Cambodia.
The protection of national security is a legitimate purpose for the
restriction of freedom of expression and information, but any restriction
must be strictly necessary and proportionate to that legitimate aim.481
What we instead see in Southeast Asia, is the crafting of legal frameworks
purportedly to address legitimate security interests which may in certain
respects provide for strong regulatory measures against threats to security
in the cybersphere, but do not comport with the requirements of necessity
and proportionality. They incorporate problematic provisions which are not
human rights compliant and allow for further infringement of the rights of
individuals online.
The UNGPs oblige States to enact effective laws, regulations and
policies to ensure that ICT companies and other corporate internet service
providers duly respect and protect human rights in the provision of their
services.482 While appropriate oversight and regulation of ICT companies and
cyberspace is, therefore, necessary, the laws covered below will reflect that
measures taken in the region raise risks of further rights violations online
– of free expression, information and privacy – rather than strengthening
protections against these violations.
480 Law on Cybercrime, articles 13(1), 13(3), 13(4).
481 See Section II (ii).
482 See Section II (v).