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government then issued Decree No.53/2022/ ND-CP (Decree 53) in August 2022 to fill in these gaps. The Decree 53 enables the state authorities to order technology firms to remove online content and to collect user data, including financial records, biometric data, ethnicity, and political views for a minimum of two years. The authorities can request such data in case content is found to violate the government’s guidelines376. Decree 53 went into effect on October 1, 2022 and gave tech companies one year to establish local offices and facilities to store Vietnam user data within the country. Decree No.72/2013/ND-CP (Decree 72), which was issued in 2013 to direct the management of internet services and online information, was also set to be amended as law is already outdated. A new draft circulated for public consultation from July to September 2023 adds new obligations to the internet and online information service providers in Vietnam. The proposals require the service providers to authenticate the accounts of their users by linking it with mobile phone numbers. User personal data, including full name, bir th date, email, and mobile phone numbers will also have to be kept. Furthermore, service providers are also tasked with inspecting, monitoring, and removing information, services, and applications con- 376 377 sidered illegal under Vietnam law. The information must be removed within 24 hours from the time of request. 3. Information Control and Manipulation The Vietnam government is highly sensitive to criticism relating to state-related issues, even if these are considered “normal” in democratic countries. In order to assert control, the authorities have censored content, restricted social media platforms, and deployed a cyber army to monitor online space. Media is also tightly controlled by the CPV, and most are state-owned. The Master Plan on Press Development and Management Nationwide Through 2025 defines the press as “a means of information, a tool for propaganda, and a weapon” and “important ideological fuel” for the party and the state. In 2023, the state suspended one of the country’s most popular new websites, Zing News, for three months. The reasons for the suspension in July were unclear, but the publication issued a statement stating that “it will focus on overcoming and thoroughly correcting the shortcomings377.” Critics suspected that the suspension was due to the publication going beyond its Snell, Govi. “Vietnamese Cybersecurity Law Reveals Hanoi’s “Obsession With Control”” Southeast Asia Globe, 23 Nov. 2022, southeastasiaglobe.com/vietnamese-cybersecurity-law-reveals-hanois-obsession-withcontrol. “Vietnam Suspends Online Magazine Affiliated With Top Tech Group After Probe.” Reuters, 27 July 2023, www.reuters.com/business/media-telecom/vietnam-suspends-online-magazine-owned-by-top-tech-groupafter-probe-2023-07-13. 102

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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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