88
Dictating the Internet:
Case of Houayheuang Xayabouly
In September 2019, Houayheuang Xayabouly (also known as ‘Mouay’)
was arrested under article 117 of the Criminal Code following a post she
had made on Facebook of a live video in which she had been critical of
the Lao government’s response to severe floods in the southern provinces
of Laos.312
She had reportedly said in the video:
��In this emergency situation, I am not in need of food and water yet, but
yesterday a huge flood came and people here were up on the roofs of
their houses trying to escape. Where is the helicopter for rescuing those
people? … I cannot be silent as we have been in the past. The era of the
regime keeping the eyes and mouths of the people closed has come to
an end”. 313
After approximately five days in detention, following police investigation
and interrogation and no reported assistance of a lawyer, she “confessed”
to committing an illegal activity and for “having connections with ‘bad
elements’ both in the country and abroad”.314
In November 2019, Mouay was sentenced to five years in prison and fined
20 million Kip (approx. USD 2,280). She had been held in detention in
Champasak provincial prison from the time of her arrest in September.315
Vietnam
In Vietnam, laws aiming to protect the reputation and security of
the State have consistently been invoked to clamp down on freedom of
expression and information online – particularly since 2016 when thenPresident Tran Dai Quang increased repression of expression perceived as
312 RFA Lao service, ‘Lao Authorities Arrest Woman for Criticizing Flood Relief Efforts on Facebook’,
Radio Free Asia, 16 September 2019, Available at: https://www.rfa.org/english/news/laos/laoshouayheuang-xayabouly-09162019172839.html
313 Ibid.
314 RFA Lao service, ‘Laos State Media: Woman Arrested for Criticizing Government on Facebook
Confesses’, Radio Free Asia, 17 September 2019, Available at: https://www.rfa.org/english/news/
laos/laos-mouay-confession-bail-09172019164231.html
315 FIDH, ‘Woman jailed for five years for criticizing the government online’, 22 November 2019,
Available at: https://www.fidh.org/en/region/asia/laos/woman-jailed-for-five-years-for-criticizingthe-government-online; As of 26 September 2019, her family and friends had not been allowed
to visit Mouay in detention. RFA Lao service, ‘Woman Held For ‘Defaming’ Laos is Refused Family
Visits’, Radio Free Asia, 26 September 2019, Available at: https://www.rfa.org/english/news/laos/
refused-09262019131452.html