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that brings contempt against the government as well as Malaysia’s sultans. It also prohibits people from inciting hatred between different races and religions, or questioning the special position of the bumiputera, the local term for the ethnic Malay majority, and the natives of Sabah and Sarawak. Since the law was enacted, the Sedition Act has often been weaponized to silence political critics. It was amended in 2015 to become more repressive during the administration of Prime Minister Najib Razak, who justified its necessity due to the harmful comments on social media platforms146. The amendment enabled the government to block online media that it considers as seditious, as well as extended jail terms up to 20 years, with a minimum three years for certain cases. Najib’s term oversaw the peak use of the Sedition Act. Meanwhile, the Communication and Multimedia Act of 1998 aimed to regulate Malaysia’s communications and multimedia environment. Its broad provisions has regularly been used over the years to stifle dissidents and the opposition for what they posted online. Article 233 of the law, about 146 147 148 149 the use of network facilities or services that is offensive or likely to cause annoyance to another person, is the main provision used regularly by the government to suppress criticism. The law established the Malaysian Communications and Multimedia Commission (MCMC) as the regulator of the communications and multimedia industry. Censorship of content and restrictions of online media outlets in the country are under the purview of this repressive law. In 2023, the Ministry of Communications and Digital announced proposed amendm e n t s to t h e C o m m u n i c a t i o n s a n d Multimedia Act147. However, there is limited information on what amendments are planned, but communications deputy minister, Toe Nie Ching, stated that it would also include more responsibilities for service providers as online offenses had ramped up over the years148. Regarding the Sedition Act, Minister Azalina Othman Said, who is in charge of law and institutional reform at the Prime Minister’s Department, said that the Cabinet agreed to limit the use of the Sedition Act only to matters involving the royalty149. Its application Lim, Ida. “What You Need to Know About the Amended Sedition Act.” Malay Mail, 10 Apr. 2015, www.malaymail.com/news/malaysia/2015/04/10/what-you-need-to-know-about-the-amended-sedition-act/875651. “Communications and Multimedia Act Amendment Bill to Be Tabled by Early 2024.” Free Malaysia TODAY, 17 Sept. 2023, www.freemalaysiatoday.com/category/nation/2023/09/17/communications-andmultimedia-act-amendment-bill-to-be-tabled-by-early-2024. Ibid. Lim, Ida. “Azalina: Cabinet Agrees to Restrict Sedition Act to Only Royalty Issues.” Malay Mail, 25 July 2023, www.malaymail.com/news/malaysia/2023/07/25/azalina-cabinet-agrees-to-restrict-sedition-act-toonly-royalty-issues/81670. 48

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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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