Vietnam also amended its Telecommunications Law, and proposed changes to the
Decree No.72/2013/ND-CP (Decree 72)
in 2023. As an addition to the 2019
Cybersecurity Law, the amended Telecommunications Law directs global and local
social media networks to require the real
identities of their users. The amendment
of the Decree 72, a key law to regulate
the internet in Vietnam, would require all
service providers to authenticate user
accounts by linking these with mobile phone
numbers.
Meanwhile, Indonesia, Malaysia, and the
Philippines, which are countries considered
as more democratic, have also attempted
changes to their cyber-related laws, although
it is still unclear how these would result in
improving digital rights.
In Indonesia, the government of President
Joko Widodo revised the Electronic
Information and Transaction Law (ITE) in
2023 following the president’s order in 20212.
However, the law still retained its broad
provisions that can be used to criminalize
free speech. The revision process was also
criticized as opaque3.
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Malaysia is still awaiting for the amendments
to the Communications and Multimedia Act
and the repeal of the Sedition Act that the
prime minister, Anwar Ibrahim, promised
during the election campaign in 2022 4.
However, the government issued pronouncements that the Sedition Law is still
necessary to protect the central elements of
Malaysian society, namely, race, religion,
and royalty, or the “3R”. In practice, protection
of the 3R has often been used to justify
human rights violations, given their deep
roots in the country’s power structures.
Therefore, while claiming that amending
the law is needed, excluding the 3R raises
the question of whether free speech will
be truly protected.
Lawmakers in the Philippines meanwhile
are aiming to criminalize “fake news”,
ostensibly in response to the intensity of information disorder in the country. However,
the criminalization of “fake news” is potentially harmful to human rights, based on the
government’s previous record of using
such a law against critics and the media.
As 2023 ended, Thailand awaited a court
decision on whether amending the country’s
repressive lèse-majesté law is constitutional.
The amendment to Article 112 of the Criminal
Maulia, Erwida. “Jokowi Orders Cyberlaw Review as Libel Claims Soar in Indonesia.” Nikkei Asia, 4 Mar. 2021,
asia.nikkei.com/Politics/Jokowi-orders-cyberlaw-review-as-libel-claims-soar-in-Indonesia.
Nastitie, Denty Piawai. “Revision of the ITE Law Approved, Legalized, Loopholes in Criminalization Still Open.”
KOMPAS.id, 5 Dec. 2023, www.kompas.id/baca/english/2023/12/05/en-revisi-uu-ite-disetujui-celahkriminalisasi-masih-terbuka.
Thomas, Jason. “No Plans to Abolish Sedition Act Just yet, Says Ramkarpal.” Free Malaysia TODAY, 21 Mar.
2023, www.freemalaysiatoday.com/category/nation/2023/03/21/no-plans-to-abolish-sedition-act-justyet-says-ramkarpal.
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