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an online location can be declared as DOL if it was found to have carried three or more different false statements of fact within a six-month period299. The period of DOL would last for two years until July 21, 2025. Being a DOL, TOCA is required to carry a notice of such declaration until the prescribed period ends. The government believes that putting up such a notice will alert site visitors that the outlet has a history of producing falsehoods300. Previously in 2020, online channels associated with Alex Tan, a controversial political figure who runs political blogs on social media also received DOLs. These are States Times Review, Singapore States Times, National Times Singapore, and Tan’s own Facebook page301. Jom magazine is another independent media outlet that was issued a correction direction in 2023 under POFMA. The POFMA directions were issued in relation to stories about high-priced luxury bungalow leases to two Singapore ministers, K. Shanmugam and 299 300 301 302 303 304 305 Vivian Balakrishnan, and about Instagram’s geo-blocking of Charles Yeo, a self-exiled political opposition and critic of the government302. The government considered the allegations against the two ministers to be incorrect as the articles implied possible corruption. Jom claimed that Instagram’s geo-blocking of Yeo was also related to the bungalow controversy, since it was blocked because of the government’s order. Jom challenged the government’s orders by filing court appeals, which were later dismissed303. Lee Hsien Yang, Lee Hsien Loong’s estranged brother who also commented on the bungalow controversy, was also issued a POFMA order. In his Facebook post on July 23, 2023, the younger Lee alleged that the state paid for the renovations of the bungalows because they were leased by the two ministers. Following the comment, the Ministry of Law, which is under Shanmugam, said in a media release that Lee’s claim was untrue304. Shanmugam and Balakrishnan also threatened to sue Lee for defamation over his post305. Martens, Hannah. “The Online Citizen Asia’s Website, Facebook, Twitter and LinkedIn Made Declared Online Locations Due to Multiple Online Falsehoods.” Mothership.SG, 21 July 2023, mothership.sg/2023/07/theonline-citizen-asia-multiple-online-falsehoods. “The Online Citizen Asia’s Pages Made Declared Online Locations Due to Multiple Online Falsehoods.” Ministry of Communications and Information, 21 July 2023, www.mci.gov.sg/media-centre/press-releases/ toca-pages-made-declared-online-locations. Ibid. “Our Response to POFMA Orders.” Jom, 16 July 2023, www.jom.media/response-to-pofma-orders. Tang, Louisa. “Online Publication Jom Fails in Appeal Against POFMA Orders Over Ridout Road Article.” CNA, 6 Sept. 2023, www.channelnewsasia.com/singapore/online-publication-jom-fails-appeal-against-pofmaorders-over-ridout-road-article-3749946. “Lee Hsien Yang Issued POFMA Order Over Facebook Post on Ridout Road Rentals, SPH Circulation Data.” CNA, 25 July 2023, www.channelnewsasia.com/singapore/pofma-order-lee-hsien-yang-facebook-post-ridout-road-rentals-sph-circulation-data-3652176. “Shanmugam, Balakrishnan Sue Lee Hsien Yang for Defamation Over Ridout Road Allegations.” CNA, 2 Sept. 2023, www.channelnewsasia.com/singapore/shanmugam-vivian-balakrishnan-sue-lee-hsien-yangridout-road-allegations-3742451. 82

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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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