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ASEAN Regional Coalition to #StopDigitalDictatorship Fig. E: List of laws weaponised by ASEAN governments to curb online freedoms through Digital Dictatorship, and justifications for their usage. (continued) MYANMAR PHILIPPINES THAILAND SINGAPORE VIETNAM Articles 124A and 505 - Penal Code Section 9 - Anti-Terrorism Act (2020) Article 116 - Penal Code Sedition Act (1948) Articles 109 & 117 - Penal Code Articles 499 to 502 - Penal Code Section 66(d) Telecommunications Law (2013) Articles 353 to 358 - Penal Code Section 46 - Anti-Corruption Law (2013) Section 4(c)(4) - Cybercrime Prevention Act (2012) Sedition Act (1948) Articles 326 to 333 - Penal Code Sections 499 to 500 - Penal Code Articles 155 to 156 - Penal Code Section 9(g) -News Media Law (2014) Lèse-majesté is no longer in effect (2019) Article 68(a) Telecommunications Law Article 38 - Electronic Transactions Law Printing and Publishing Law (2014) News Media Law (2014) Cyber Security Law (2022) / Sections 14 to 17 - Computer Crime Act (2007) Anti-False Content Act (2019) Article 154 - Penal Code Public Telecommunications Policy Act (1994) Central Committee on Prevention, Control and Treatment of COVID-19 (Task Force, March 2020) / Protection from Online Falsehoods and Manipulation Act (POFMA) (2019) Cybersecurity Law (2018) Article 117 - Penal Code Online Safety (Miscellaneous Amendments) Act (2022) New Ministerial Regulation of MDES (2021) Freedom of Information Order (2016) The Notice Procedure, the Suppression of Dissemination of Computer Data and the Deletion of Computer Data from the System B.E. 2565 (2022) Decree No. 15/2020/ND-CP Press Law (1989) Newspapers and Printing Presses Act (1974) Broadcasting Act (1994) Public Order and Safety (Special Powers) Act (2018) Publication Law (No. 30/2004/QH11) Telecommunications Law (No. 41/2009/QH12) Decree No. 97 (No. 97/2008/ND-CP) Decree 15/2020/NĐ-CP Decree No. 53/2022/ND-CP Cybersecurity Act (2019) SIM Card Registration Act (2022) Cybersecurity Act (2018) Decree Number 72/2013/ND-CP National Intelligence Act (2019) Telecommunications Law (2013) Section 27 - Natural Disaster Management Law (2020) Regulation on Prevention, Suppression, and Solving Problems of Fake News Dissemination on Social Media (2022) / Broadcasting and Television Business Act (2008) Broadcasting Act (2021) Law Protecting the Privacy and Security of Citizens (2017) Article 112 - Penal Code Bayanihan to Heal as One Act (2020) replaced by the the Bayanihan to Recover as One Act (2020) Inter-Agency Task Force for the Management of Emerging Infectious Diseases (Task Force, January 2020) StaySafePH & COVID-KAYA (Tracking Devices, May 2020) Emergency Decree on Public Administration in Emergency Situations (2005) COVID-19 Emergency Decree (2020) COVID (Temporary Measures) Act (2020) Center for COVID-19 Situation Administration (Task Force, March 2020) Multi-Ministry Taskforce on COVID-19 (Task Force, January 2020) COVID-19 Fake News Center (Fake News Task Force, May 2021) TraceTogether (Tracking Device, March 2020) Sections 5 to 9 & 27 Emergency Decree on Public Administration in Emergency Situation (2005) Decree 15/2020/NĐ-CP National Steering Committee for COVID-19 Prevention and Control (Task Force, January 2020) Bluezone & NCOVI (Tracking Device, 2020) ThaiChana & MorChana (Tracking Devices, May 2020) The laws and regulations featured on this table don’t belong to a single defined category but can also be placed within other categories. While the list is not exhaustive, it captures the essence of the primary legal frameworks in place. Executive Summary: A Regional Overview 25

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

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Topic

Digital Rights
Digital Surveillance
Information Operation
Internet Restrictions

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

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