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Code is part of the campaign platform of a progressive political party. The law is often used together with the Computer Crime Act against government critics and dissidents who opposed the then military junta and its 5 successor. A court verdict on January 31, 2024 ruled that amending the law is unconstitutional, and thus has closed off any hope for its repeal or amendment under the current constitution5. COUNTRIES KEY LEGAL DEVELOPMENTS IN 2023 Cambodia A cybersecurity law has been proposed, following the 2021 Sub-Decree No. 23 on the Establishment of the National Internet Gateway. Indonesia The Electronic Information and Transaction Law underwent a second revision in 2023, but the broad provisions remain which enable the law to be used as a political weapon. The government also has announced plans to regulate the use of artificial intelligence in the country. Malaysia The direction of the proposed repeal of the Communications and Multimedia Act and Sedition Act remain unclear, despite promises made during the election campaign in 2022. Myanmar The military junta plans to enact a cybersecurity law in the country remains incomplete, even as it further amended the Law on Broadcasting and Television for the second time and enacted an addendum to the Terrorism Act. Philippines Lawmakers made proposals to criminalize “fake news”, which will make possible the repeat of abuses under a similar 2020 law. Singapore The government adopted the Online Criminal Harms Act, adding to a list of repressive laws including the Protection on Online Falsehoods and Manipulation Act, Foreign Interference (Countermeasures) Act, and the Online Safety (Miscellaneous) Act. Thailand Proposals to amend the lèse-majesté law or the Article 112 of Criminal Code were put forward to the Constitutional Court. The law is often used together with the Computer Crime Act to suppress free speech. Vietnam The government amended the Telecommunications Law and made proposals to update Decree 72 (2013) to strengthen their control of digital space. “MFP Ordered to Drop Plans to Amend Lèse-Majesté Law.” Bangkok Post, 31 Jan. 2024, www.bangkokpost. com/thailand/general/2734011/mfp-ordered-to-drop-plans-to-amend-lese-majeste-law, 10

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Annual Report: Digital Rights in Southeast Asia 2023-2024

Report

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Language

English

Topic

Digital Rights
Digital Surveillance
Information Operation
Internet Connectivity / Accessibility
Internet Restrictions

Author(s)

DigitalReach

Date Published: Aug 6, 2024

Abstract: It is undeniable that information technology has significantly impacted human rights and democracy these days. Different governments around Southeast Asia continually attempt to control digital space through, for example, using repressive laws and regulations, forcing social media platforms to follow their orders, and using spyware and similar technology to surveil critics. In Southeast Asia, democracy and human rights have deteriorated because of these attempts, especially for countries under authoritarian regimes.

In order to better understand the situation, DigitalReach publishes annual reports to present and analyze the events and trends around the region. The 2023 annual report analyzes the digital rights situation in eight countries across Southeast Asia—namely Cambodia, Indonesia, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Vietnam–from January 2023 to December 2023, with glimpses of key updates into 2024, given the timing of its release.

The report format has been changed completely from the previous years. In order to more systematically present the developments observed, the report is organized into three key areas: (1) Legal and Policy Developments, (2) Information Control and Manipulation, and (3) Threats Against Critics and Political Opposition.

From a regional perspective, legal and policy developments in countries that are known to restrict human rights are still mainly about using or coming up with new policies to further suppress human rights in the digital sphere. Countries considered to be more democratic also attempt to change or repeal their laws, but still without a clear sign of improvement toward digital rights.

In terms of information control and manipulation, social media platforms continue to be deployed for political ends, with different platforms serving a specific purpose for each country. The shift toward short video format, TikTok in particular, continued from 2022 to contribute toward information disorder, especially during election periods. The use of video shorts is important when targeting young voters, who played an important role in determining election results in Thailand and Indonesia this year like they did in the Philippines and Malaysia in 2022. State-sponsored cyber armies were also documented, while some governments preferred to assert more effective control of social media platforms. Other important methods related to the flow of information include suppression of media freedom and internet disruptions, which are particularly severe in Myanmar following the 2021 coup.

Judicial harassment is a key form of threat used against critics and political opposition in 2023. It is still common for people in Southeast Asia to be thrown in jail for what they say or do online. Others who do not subscribe to the government’s ideology face online harassment from state-sponsored cyber armies or government supporters. In terms of surveillance, 5 out of 8 countries included in this report have been found to have or are likely to have spyware technology.

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2023-Annual-Report-FINAL-1.pdf
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Myanmar Internet Project

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Annual Report: Digital Rights in Southeast Asia 2023-2024

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