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Philippines attempted to propose a law to criminalize “fake news” which is ironic given the prominent role that information manipulation played in the 2022 election which led to his victory. However, the criminalization of “fake news” can also be a threat to free speech, as the country experienced under the “Bayanihan to Heal as One Act” during the COVID-19 pandemic. Marcos Jr. became president by weaponizing social media disinformation, including through whitewashing history, attacking political opponents, falsely bolstering his accomplishments, and undermining the integrity of election procedures. Such strategies on social media continue to be used after he became the president. The popular narratives in 2023 depict Marcos Jr. as a strongman like his father, who fired officials for undermining his power. The government’s controversial creation of the Maharika Investment Fund, a sovereign wealth fund, had a strong disinformation undercurrent as it was falsely claimed to have come from the controversial Marcos family wealth. A high-profile platform for red-tagging is the partisan TV channel, Sonshine Media Network International (SMNI). SMNI played a significant role in 2022 to support the candidacy of Marcos Jr. and Duterte’s daughter, Sara, who is currently the vicepresident. However, by the end of 2023, the House of Representatives initiated investigations against the network, which led to the suspension of its operations. Despite being extremely partisan, the suspension is politically motivated, as it arose from allegations on the travel expenses of House Speaker, Martin Romualdez, Marcos Jr.’s cousin. The congressional investigations against the network also focused on red-tagging and Quiboloy’s criminal activities. The cases faced by SMNI indicate a widening rift between the Marcos and Duterte power blocs. 2. Legal and Policy Developments While information disorder thrives, independent media and journalists still face harassment and intimidation, although at a scale less than the Duterte administration. Red-tagging, a government campaign to brand activists as communists, continues through 2023, and remains the most concerning issue In August 2022, the House of Representatives introduced House Bill No. 2971 criminalizing the creation and dissemination of “fake news”. The bill is proposed as an amendment to the 2012 Cybercrime Prevention Act. It proposes an official definition of “fake news” as the “misinformation and disinformation of stories, facts and news which is presented as a fact, the veracity of which cannot be confirmed, with the purpose of distorting the truth and misleading its faced by journalists and critics. audience”245. 245 Luna, Franco. “House Bill Seeks Penalties for Creating, Spreading ‘Fake News.’” Philstar.com, 8 Aug. 2022, www.philstar.com/headlines/2022/08/08/2201195/house-bill-seeks-penalties-creating-spreading-fake-news. 69

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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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