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Recommendations ARTICLE 19 their market access, as well as any licences, contracts, or permissions they receive from the government; • provide tools for user privacy and security: implement privacy by design and empower users to control their personal data; • ensure appropriate support for their local country teams, including rapid responses and assistance when human rights concerns are raised by local or regional staff; • support freedom of expression initiatives in the Asia region, such as through providing financial support and technical expertise and collaborating with civil society and other human rights defenders; and • engage in multi-stakeholder and industry-wide dialogue and pursue initiatives designed to enhance industry-wide collaboration on human rights issues. Recommendations for tech companies operating in China Tech companies operating in China should: • provide clear public reporting on the extent to which Chinese authorities have demanded access to user data, the types of data these authorities have been granted access to, and the circumstances surrounding such access, as well as taking other steps to enhance the privacy protection of user data and resist data localisation (or, if this is impossible, to transparently report on data localisation and associated risks for users); • publicly report on actions taken to alter their existing moderation systems or algorithms in response to legal requirements; • pursue legal mechanisms for challenging censorship orders and avoid taking censorship actions before exhausting other alternatives, while ensuring transparent reporting on all such actions and government demands; where they do ultimately restrict content within China, screen for any impacts of such content restrictions on access to that content outside China, and adopt tailored policies and technical solutions in response; and • conduct more exhaustive due diligence, in line with the UNGPs, across their Chinese operations, and incorporate human rights considerations into decisions on whether they enter or exit China. Recommendations for tech companies operating in Vietnam Tech companies operating in Vietnam should: • establish communications channels with local Vietnamese civil society organisations to help human rights defenders access support from the company when they are targeted online; 61

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Engaging tech for internet freedom in authoritarian countries

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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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