Curtailing Free Expression, Opinion and Information Online in Southeast Asia Vietnam In January 2019, Vietnam’s Law on Cybersecurity (‘LOCS’) came into effect to “protect national security” and “ensure social order and safety on cyberspace.”483 Reporters Sans Frontières commented that the law introduced a “totalitarian model of control of information”.484 The law codified and expanded upon provisions in an earlier 2013 regulation, Decree No. 72 on the management, provision and use of Internet services and online information (‘Decree No. 72’) which allowed for State control of “management, provision and use of Internet services and online information” to “prevent the abuse of the Internet to affect national security and social order, fine traditions and customs”.485 In November 2018, the Ministry of Public Security (MPS) released a Draft Decree Implementing the Law on Cybersecurity (‘Draft Decree’), clarifying that the law would protect against cyber-attacks and combat “hostile and reactionary forces” who utilize the internet “against the State”. 486 At least two organizations representing internet and technology companies, however, noted during a public consultation process that the law could in fact undermine cyber and data security, as its provisions – particularly on data localization – could be “technically infeasible”, “disrupt global data flows”, harm the country’s digital economy, and “create additional entry points into Vietnam’s IT systems for cyber criminals”.487 Although these were arguments put forth by commercial entities representing industrial interests rather than specific human rights concerns, they highlighted gaps in the Vietnamese government’s argument that its legal measures would 483 Kim Loan, ‘Ten laws to come into effect from January 1, 2019’, VGP News, 27 December 2018, Available at: http://news.chinhphu.vn/Home/Ten-laws-to-come-into-effect-fromJanuary-1-2019/201812/35550.vgp 484 RSF also noted that the LOCS appeared strongly influenced by repressive regulations in China which govern the internet. See Euan McKirdy, ‘‘Stalinist’ Vietnamese cybersecurity law takes effect, worrying rights groups and online campaigners’, CNN, 2 January 2019, Available at: https:// edition.cnn.com/2019/01/02/asia/vietnam-cybersecurity-bill-intl/index.html 485 English translation of Decree No. 72/2013/ND-CP of July 15, 2013, on the management, provision and use of Internet services and online information, Available at: https://vnnic.vn/sites/default/ files/vanban/Decree%20No72-2013-ND-CP.PDF 486 This was reportedly stated by the ministry in a Question-and-Answer session in October with lawmakers. See Agence France-Presse, ‘New year, new repression: Vietnam imposes draconian ‘China-like’ cybersecurity law’, South China Morning Post, 1 January 2019, Available at: https:// www.scmp.com/news/asia/southeast-asia/article/2180263/new-year-new-repression-vietnamimposes-draconian-china 487 Asia Internet Coalition, ‘Comments on the Draft Decree Guiding the Implementation of Law on Cybersecurity’, 13 December 2018 (‘AIC, 13 December 2018’), Available at: https://aicasia. org/wp-content/uploads/2018/12/AIC_Comments-on-Draft-Decree-11122018-edited.ENfinal.pdf; The Software Alliance, ‘BSA Comments on the Draft Decree Implementing Law on Cybersecurity’, 13 December 2018 (‘BSA, 13 December 2018’), Available at: https://www.bsa. org/files/policy-filings/12142018BSA_Position_Paper_on_Draft_Decree_implementing_Law_on_ Cybersecurity_%20ENG.pdf 127