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Contents ARTICLE 19 72–82 Rosebery Ave London EC1R 4RW UK www.article19.org T: F: +44 20 7324 2500 +44 20 7490 0566 E: W: info@article19.org www.article19.org Tw: Fb: @article19org facebook.com/article19org ARTICLE 19 is an international think–do organisation that propels the freedom of expression movement locally and globally to ensure all people realise the power of their voices. Together with our partners, we develop cutting-edge research and legal and policy analysis to drive change worldwide, lead work on the frontlines of expression through our 9 regional hubs across the globe, and propel change by sparking innovation in the global freedom of expression movement. We do this by working on 5 key themes: promoting media independence, increasing access to information, protecting journalists, expanding civic space, and placing human rights at the heart of developing digital spaces. © ARTICLE 19, 2024 This work is provided under the Creative Commons Attribution-Non-CommercialShareAlike 4.0 licence. You are free to copy, distribute and display this work and to make derivative works, provided you: 1) give credit to ARTICLE 19; 2) do not use this work for commercial purposes; 3) distribute any works derived from this publication under a licence identical to this one. To access the full legal text of this licence, please visit: https://creativecommons.org/licenses/by-nc-sa/4.0 ARTICLE 19 would appreciate receiving a copy of any materials in which information from this report is used. The report was developed as a part of the Engaging Tech for Internet Freedom (ETIF) initiative, under funding from the US Bureau of Democracy, Human Rights, and Labor. The Centre for Law and Democracy played a valuable role in preparing this report. ARTICLE 19 bears the sole responsibility for the content of the document. 2

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Engaging tech for internet freedom in authoritarian countries

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English

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Information Operation
Internet Restrictions

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Article 19

Date Published: Oct 5, 2024

Abstract: In this report, ARTICLE 19 reviews the human rights context and responsibilities of tech companies operating in 3 authoritarian countries in Asia, namely China, Myanmar, and Vietnam. It focuses on the rights to freedom of expression and privacy, and the manner in which authoritarian states directly or indirectly expect companies to assist them in censoring content, promoting propaganda, accessing user data, and engaging in surveillance. While these are undoubtedly highly challenging contexts, companies have not sufficiently prioritised protecting human rights in their policies and actions. States are the primary duty bearers under international human rights law, but companies also have human rights responsibilities, as outlined in the United Nations Guiding Principles on Business and Human Rights (UNGPs). Even if domestic law or circumstances make it impossible for companies to fully meet their human rights responsibilities, they should take action so as to respect human rights standards to the greatest extent possible. Tech companies should not merely reference local law as an excuse for collaborating in rights violations. They should take steps such as those detailed in this report, like adopting appropriate policies, asking governments to justify content removal requests clearly and specifically, and reporting transparently on their compliance with government demands. For each country, we survey the country context and provide an overview of legal obligations which companies operate under that are problematic from the perspective of international human rights law and that may, as a result, put pressure on companies to become complicit in violations of the rights to freedom of expression and privacy. We then explore how Western tech companies operating in these countries, many of which have explicitly stated their commitment to respecting freedom of expression and privacy, have responded to these legal obligations and to other government expectations that they will cooperate in violations of these rights.

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ETIF-Thematic-Report-12Sep-24.pdf
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Myanmar Internet Project

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Engaging tech for internet freedom in authoritarian countries

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