Executive summary
Executive summary
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.
In China, companies are expected to cooperate broadly in state censorship and surveillance,
and to comply with other human-rights-abusive demands. Partly due to the problematic lack
of transparency around internal decision-making, there is no way of knowing how these
companies view the relationship between their corporate human rights responsibilities and
local laws and policies that conflict with international human rights law.
The situation is more mixed in Vietnam, where companies have experienced pressure but
also have more space to challenge government demands. However, many companies seem
to prioritise business interests and do not act consistently to protect human rights.
In contrast, in Myanmar, after a brutal military regime took control in a 2021 coup, some
companies refused to cooperate with the military, recognising it as an illegitimate
government, and adopted Myanmar-specific policies. Follow-through on these policies has
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