Curtailing Free Expression, Opinion and Information Online in Southeast Asia
III. Employing legal frameworks which serve to
abusively restrict freedom of expression, opinion
and information online
In Southeast Asia, legal frameworks have been systematically
used and abused to control and restrict freedom of expression, opinion
and information online. In some cases, existing laws which protect against
defamation, sedition or national security have been used to prosecute or
inappropriately regulate expression online just as they had been used to
target offline expression in the past. More recently, such laws have been
augmented or superseded by a new generation of laws and regulations
governing telecommunications, cybersecurity and computer crimes that
are tailored to target online expression and information. In both cases,
criminal and administrative actions are often justified as necessary to protect
individual dignity or national security, and draw a link between the spread
of a “falsehood” online and its threat to such dignity or security, social
stability and/or public order. These laws often conflate national or public
security with the “security” of the ruling political regime or other powerful
interests – who often draft, promulgate and execute, or influence the laws
in the first place.
Despite the justifications offered for enforcing these laws, they
have, by and large, been misapplied and arbitrarily enforced to curtail a
wide range of comment on matters of public interest, including expression
of critical dissent. Defamation laws, which can serve a legitimate purpose
to protect the rights and reputation of persons, have been used to clamp
down on free expression and opinion in Myanmar, Thailand, Indonesia,
Singapore and Philippines. Problematic lèse majesté laws aiming to protect
the reputation of the monarchy have been expanded so as to be wielded
against individuals in Thailand and Cambodia. Archaic laws written to protect
against sedition have been used to muzzle political expression in Thailand,
Myanmar, Malaysia, Brunei and Philippines under the guise of preventing
“unrest and disaffection in society”. Abusive and overbroad laws advanced
to protect ‘national security’ have been used to curtail freedom of expression
and information in Vietnam, Laos and Myanmar. Contempt of court laws
aiming to protect the authority of the judiciary have been misused to achieve
the same effect in Singapore, Malaysia and Thailand.
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