ASEAN Regional Coalition to #StopDigitalDictatorship
Fig. G: Summary table of international human rights laws and standards.(continuous)
Article 17: “No one shall be subjected to arbitrary or
unlawful interference with his privacy, family, home or
correspondence, nor to unlawful attacks on his honour and
reputation.” It also upholds the right of persons to receive
legal protection from such interference or attacks.
Ratified
Cambodia
(May 26, 1992)
Indonesia
(Feb. 23, 2006)
Lao PDR
(Sept. 25, 2009)
ICCPR
Report of the Special
Rapporteur on the
promotion and
protection of the right
to freedom of opinion
and expression (2016)
juncto Report of the
OHCHR on the right
to privacy in the
digital age (2014)
General comment no. 16: Article 17 (right to
privacy): This Article is intended to protect against said
infringements, both by states and private individuals.
Further, “interference authorized by States can only take
place on the basis of law, which itself must comply with
the provisions, aims and objectives of the Covenant.” The
principles of legality, necessity and proportionality also
apply to privacy limitations.3
Legitimate surveillance, where intended to limit the
freedom of expression, requires states to demonstrate
the risk that the expression “poses to a definite interest
in national security or public order.”4 All interference
with the right to privacy must also be authorised by an
independent oversight body through careful review, and
be accompanied with an assurance of effective remedy in
case of a breach.5
Philippines
(Oct. 23, 1986)
Thailand
(Oct. 29, 1996)
Vietnam
(Sept. 24, 1982)
Not signed or ratified
Malaysia, Myanmar, Singapore
Non-binding (interpretive)
RIGHTS OF HRDS
International Human
Rights Instruments
UN
Declaration on
Human Rights
Defenders
Relevant Provisions and Interpretations
Ratification/Voting/Adoption
Date and Status
Article 6: Provides for the right of persons to seek, obtain,
receive and hold information about all human rights
and fundamental freedoms; freely publish or impart or
disseminate information and knowledge on all human
rights and fundamental freedoms; and to study, discuss and
hold opinions on the observance of these rights.
Article 7: “Everyone has the right, individually and in
association with others, to develop and discuss new
human rights ideas and principles and to advocate their
acceptance.”
NOT Binding but serves
as a cornerstone for the
development and evolution of
international human rights law
Article 9: Everyone whose rights or freedoms pursuant
to the Declaration are allegedly violated must be able to
access an effective remedy and have their complaint heard
by an independent, impartial and competent authority.
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Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia