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Based on the report findings, authorities used Pegasus spyware to track the movements of the activists, and the plans and financial sources of the protests 370, 371 . Many of the 35 individuals who were targeted with the spyware did not even participate in the protests. Nevertheless, the discovery has added the use of spyware to the list of threats that dissidents and activists in Thailand faced. Despite the revelation, the government never admitted to the use of spyware even though Pegasus 370 371 372 373 was only sold to government clients. The denial has revealed that there is still a gap to prevent the abuse of spyware and the similar technologies, and to provide justice to the surveillance victims by holding the perpetrators accountable. In June 2023, Yingcheep and Arnon filed a lawsuit against the government agencies for allegedly abusing the use of spyware372. The case follows an earlier lawsuit that they filed together with other victims against the NSO Group in 2022373. Scott-Railton, John, et al. GeckoSpy: Pegasus Spyware Used Against Thailand’s Pro-Democracy Movement. The Citizen Lab, 2022, citizenlab.ca/2022/07/geckospy-pegasus-spyware-used-against-thailands-prodemocracy-movement. Parasite That Smiles: Pegasus Spyware Targeting Dissidents in Thailand. iLaw and DigitalReach, 2022, www. ilaw.or.th/articles/35057. “A Petition Against the Thai Government Submitted to the Administrative Court Over the Abuses of Spyware.” iLaw, 20 June 2023, www.ilaw.or.th/articles/10346. “Pegasus Spyware: 8 Activists Filed a Lawsuit Against NSO.” BBC News Thai, 15 Nov. 2022, www.bbc.com/ thai/articles/cyr56lnxpx0o. 98

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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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