Curtailing Free Expression, Opinion and Information Online in Southeast Asia In Indonesia, in May 2019, the government introduced restrictions on uploading videos, voice messages and images on social media platforms such as Twitter, Facebook, WhatsApp and Instagram, following the eruption of riots in Jakarta after national election results were released, where hundreds of people had been injured and some killed.567 The restrictions were justified on the basis of preventing disinformation and hoaxes exacerbating racist sentiments and religious tensions that had spread quickly and widely after the riots – Coordinating Minister for Political, Legal and Security Affairs Wiranto noted that they would “avoid provocations and the spread of fake news through the community” while Minister of Communications and Information Technology Rudiantara stated that restrictions would reduce circulation of imagery which could “inflame” emotions.568 The Ministry of Communications and Information Technology further warned members of the public that circulating content inciting violence or hatred were offences under the UU ITE.569 Even as the UU ITE provides authorities with the power to control the spread of disinformation online, civil society and academic observers in Indonesia expressed concern that the restrictions on social media had been imposed arbitrarily and in contravention of rule of law, as the government had neither explicitly cited the UU ITE, nor any other decree or legal justification, for the restrictions.570 In addition, the government had reportedly failed to specifically point out “indicators” leading to the access restrictions.571 A lack of transparency regarding the government’s scope of control over the internet also raises other serious concerns about State surveillance of social media platforms and data security. Commentators have recommended that more resources invested instead into strengthening data literacy in the country.572 567 Netblocks, ‘Indonesia blocks social media as election protests escalate’, 22 May 2019, Available at: https://netblocks.org/reports/indonesia-blocks-social-media-as-election-protests-escalateXADE7LBg; Trisha Jalan, ‘Update: Indonesia lifts social media restriction after 3 days’, Media Nama, 27 May 2019, Available at: https://www.medianama.com/2019/05/223-indonesiarestricts-social-media/ 568 Ibid.; Coconuts Jakarta, ‘Police deny entering mosques in pursuit of rioters as hoaxes about secret Chinese soldiers go viral’, 22 May 2019, Available at: https://coconuts.co/jakarta/news/policedeny-entering-mosques-in-pursuit-of-rioters-as-hoaxes-about-secret-chinese-soldiers-go-viral/ 569 Karina Tehusijarana, Jessicha Valentina, ‘Jakarta riot: Government temporarily limits access to social media, messaging apps’, Jakarta Post, 22 May 2019, Available at: https://www. thejakartapost.com/life/2019/05/22/jakarta-riot-government-temporarily-limits-access-to-socialmedia-messaging-apps.html?src=mostviewed&pg=/ 570 Resty Woro Yuniar, ‘Indonesia’s listening in on private internet chat groups. WhatsApp with that?’, South China Morning Post, 24 June 2019 (‘SCMP, 24 June 2019’), Available at: https://www.scmp. com/week-asia/economics/article/3015612/indonesias-listening-private-internet-chat-groupswhatsapp 571 SCMP, 24 June 2019. Observers also highlighted that one week before the riots had broken out, Whatsapp had reportedly removed 61,000 users in compliance with a request from Rudiantara on the basis that the users had “broken rules” – Legal basis had also not been provided by the authorities. 572 SCMP, 24 June 2019. 143

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