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Thailand “Tum”. They confiscated his mobile phone, a tablet that he uses to draw his cartoons, along with other personal documents and belongings366, 367. Police then misled him to come with them for an “interview”, telling him that he did not need a lawyer. After the “interview”, the police returned his SIM card368, and later filed lèse-majesté and CCA charges369. Thailand also has a record of using spyware against dissidents and the opposition. The discovery of its use against pro-democracy activists, academics, and opposition politicians was reported in 2022. The report found that targets were infected with Pegasus spyware during the peak of pro-democracy protests in 2020-2021. The spyware is produced by the Israeli company, NSO Group, and is able to infiltrate mobile phones using KISMET and ForcedEntry, which are both zero-click exploits that can be injected into phones without any action by the targets. The pro-democracy protests in 2020-2021 were mass protests led by the youth. Many activists received a notification from Apple in late 2021 stating that their phones might have been attacked by state-affiliated hacking. A 2022 report published by iLaw, the Citizen Lab and DigitalReach found at least 366 367 368 369 35 individuals’ phones infected with Pegasus in Thailand. These people include, among others, Arnon Nampa, Panusaya Sithijirawattanakul, Jatupat Boonpattararaksa, Yingcheep Atchanont, Pornpen Khongkachonkiet, Sarinee Achavanuntakul, Prajak Kongkirati, Piyabutr Saengkanokkul, Pannika Wanich, Chaitawat Tulathon, and Bencha Saengchantra. Arnon, Panusaya and Jatupat are leaders of the 2020-2021 mass protests. Yingcheep heads the non-profit organization, iLaw that initiated political campaigns related to reforming constitution and Article 112. Pornpen leads the Cross Cultural Foundation, a non-profit organization working in the three southernmost provinces. Prajak and Sarinee are academics who are critical of the Prayuth government. Piyabutr, like Pannika who is mentioned earlier, is a former Future Forward Party MP who now leads the Progressive Movement. Chaitawat is now party leader of the Move Forward Party and the leader of the opposition in the parliament; while Bencha is also an MP from the MFP, who is known for bringing up the royal institution’s budget for discussion in the parliament. “TCSD Confiscated Electronic Devices of Cartoonist.” Prachatai, 10 July 2022, prachatai.com/journal/2022/07/99429. “Tum Jirawat: If I Have to Go to Jail, Let It Be Part of the Political Transition Towards Democracy.” iLaw, 20 Aug. 2022, freedom.ilaw.or.th/node/1102. “TCSD Confiscated Electronic Devices of Cartoonist.” Prachatai, 10 July 2022, prachatai.com/journal/2022/07/99429. “State Attorney Proceeds With a Lèse-Majesté Case of ‘Tum Jirawat.’” TLHR, 1 Feb. 2024, tlhr2014.com/ archives/64390. 97

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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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Primary Documents

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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