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ASEAN Regional Coalition to #StopDigitalDictatorship 4. Malaysia DIGITAL SPACE & ONLINE FREEDOM STATUS OF THE COUNTRY DEMOCRATIC STATUS OF THE COUNTRY YEAR (according to the Freedom In The World index) 2020 52/100 2021 51/100 2022 50/100 2023 53/100 FREE (Digital Space Status) (according to the World’s Press Freedom Index) 58/100 101/180 (66,88) (Partly PARTLYFree) FREE (Partly PARTLYFree) FREE (Partly PARTLYFree) FREE (Partly PARTLYFree) FREE Scores 100-70 PRESS & MEDIA FREEDOM STATUS OF THE COUNTRY (Not NOTFree) FREE PROBLEMATIC Problematic 58/100 119/180 ( 60,53) (Not NOTFree) FREE PROBLEMATIC Problematic 59/100 113/180 (51,55) (Not NOTFree) FREE PROBLEMATIC Problematic 61/100 73/180 (62,83) (Not NOTFree) FREE PARTLY FREE Scores 69-40 PROBLEMATIC Problematic NOT FREE Scores 39-0 GOOD SATISFACTORY PROBLEMATIC DIFFICULT VERY SERIOUS 85–100 points 75–85 points 65–75 points 45–65 points 0–45 points Fig. 4.1: Summary of freedom ratings for Malaysia, 2020-2023.1 4.1 Legal Framework Freedom of Expression is Guaranteed but Illegitimately Restricted or expedient in the interest of the security of the The right to freedom of speech and expression, privileges of Parliament or of any Legislative Assembly as recognised in Article 10(1)(a) of Malaysia’s or to provide against contempt of court, defamation, Federal Constitution, is guaranteed to all citizens. or incitement to any offence.”2 The article has been Notwithstanding the rights enshrined in the Federal narrowly interpreted in numerous cases, resulting Constitution, Malaysia’s legal framework is made in the state wielding undue power to regulate and up of a number of repressive laws and provisions constrain freedom of expression. Additionally, Article that aim to impose censorship and punish those 10(4) emphasises Parliament’s authority to enact exercising their right to freedom of expression. For laws imposing the aforementioned restrictions in instance, paragraph (2)(a) of the Constitution allows the name of the Federation’s security.3 Federation or any party thereof … public order or morality and restrictions designed to protect the certain restrictions that are “deem[ed] necessary Malaysia 151

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Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia March 2024

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Language

English

Topic

Digital Rights
Digital Surveillance
Information Operation
Internet Restrictions

Author(s)

MANUSHYA

Date Published: Mar 8, 2024

Abstract: Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia March 2024 Whether we like it or not, we are living through a pivotal moment for the future of human rights. This includes the issue of our digital rights, and the question of our online freedoms. In places like Southeast Asia, where the majority of its peoples are experiencing immense threats to their online and offline freedoms, at the hands of opportunistic governments and corporations, this is especially prevalent. The digital space has become an integral part of human life, and is still growing in its influence over our world. Accordingly, if our freedoms in the digital space are endangered, our freedoms overall are endangered as well.

It is understandable to feel powerless while possessing this knowledge. But it is not enough to just know about the forces acting against our human rights, and understand that they are dangerous. If we truly want to create a safer, more equitable, more liberated world - which we all know, deep down, is possible - we must understand these forces, and act accordingly. We must equip ourselves with knowledge about what governments, corporations, and other powers that be are doing, alongside demanding our rights to freedom. The powers that be have weaponised the online and digital space, as well as the law, against the people that these things are supposed to serve and protect. It is our right to protect ourselves with research, knowledge, advocacy, and the power of the people. When we understand the powers we are up against, fighting back will become less daunting.

This is what our report, titled Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia, is for. Join us in powering ourselves with knowledge, in order to compel ourselves to action!

As always, our work is rooted in decolonial, feminist, intersectional values, with historically marginalised people at the centre. Thus, this work was a collaboration between a coalition of groups oriented in these values: ALTSEAN-Burma, Cambodian Center for Human Rights, ELSAM, Free Expression Myanmar, Foundation for Media Alternatives, ILGA Asia, Manushya Foundation, The Rohingya Maìyafuìnor Collaborative Network, SAFEnet, Viet Tan, and Women’s Peace Network. What is the ASEAN Regional Coalition to #StopDigitalDictatorship? The ASEAN Regional Coalition to #StopDigitalDictatorship was established in 2020, by human rights and digital rights activists from Southeast Asia, on a mission to decolonize digital rights and restore our online democracies.

Together, we stand in solidarity with one another, with people from the Global Majority, resisting and pushing back against authoritarian governments and complicit tech companies.

We tell our realities from the ground, and we develop solutions together.

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Manushya Report 2024 - FULL REPORT - Book File-compressed.pdf
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Myanmar Internet Project

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Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia March 2024

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