The internet has become a vital space for exercising the right to freedom of expression, especially in countries where traditional media faces censorship. However, recent trends in Asia, particularly in South and Southeast Asia, reveal a worrying pattern of governments attempting to control online speech through legal means. These tactics often involve enacting and weaponizing Information and Communication Technology (ICT) laws, a trend that was central to the roundtable discussion “Digitally Tongue-Tied: How ICT Policies Impacted Online Free Speech in South and Southeast Asia” at the Digital Rights Asia Pacific 2024 (DRAPAC24) held in Taipei, Taiwan on August 19, 2024.

Hosted by the Greater Internet Freedom South and Southeast Asia (SSEA) cohort, this session brought together diverse stakeholders – legal experts, human rights defenders, and regional NGOs – to examine the increasingly homogenous restrictions on online free speech emerging from domestic ICT regulations across the region. Drawing on the key takeaways from the session, this blog post aims to shed light on specific examples from various countries, analyse the impact of these laws on individuals and communities, and share the identified potential strategies for advocacy to counter these concerning regulations.

Vague Language, Broad Powers, and the Chilling Effect

One of the most alarming trends observed across the region is the use of vague and overly broad language in ICT laws, leaving them open to manipulation and abuse by those in power. This lack of clarity creates a chilling effect, making individuals and online platforms hesitant to express themselves freely for fear of reprisal.

In Taiwan, for instance, despite the absence of explicit online content moderation laws, existing legislation like the anti-fraud law and child protection laws are often repurposed to regulate online content. “As Taiwan currently does not have explicit online content moderation laws, we generally refer to other laws to determine content regulation in social media,” a participant noted. “For example, the anti-fraud law, the protection of children and minor law, etc.” The lack of clear standards and transparency in how these laws are applied to online spaces has led to significant confusion and apprehension among internet users in Taiwan.

Meanwhile, in Nepal, the recent ban on TikTok, enacted without clear legal justification, points to underlying anxieties around surveillance and data privacy. The government’s push for mandatory registration of tech companies and the establishment of a social media monitoring unit have raised serious concerns about potential government overreach into citizens’ online activities. “Most likely the issue is surveillance and privacy,” one participant observed.

Content Moderation as a Tool for Censorship

The session also highlighted how governments are increasingly using content moderation as a tool to stifle dissent and criticism. While presented under the guise of combating online harms such as hate speech and misinformation, these efforts often target individuals and groups critical of the government.

In Indonesia, despite revisions, the Electronic Information and Transactions Law (UU ITE) continues to pose a threat to freedom of expression. The law’s provisions on defamation, online gambling, and the spread of false information have been weaponized to silence human rights defenders, journalists, and ordinary citizens who voice dissent. As a participant noted: “Even though [the UU ITE] has been revised twice, there are problematic cases there [including] defamation [and] internet restriction.” Similarly, Sri Lanka’s Online Safety Act, ostensibly aimed at curbing online violence against women and children, has become a tool for suppressing political opposition. The law grants sweeping powers to the government to police online content and impose criminal penalties, raising concerns about its impact on freedom of expression and the shrinking space for dissent. This is particularly concerning in the context of a “rise in populism in SSEA,” as one participant observed, arguing that “[i]f you look at these law[s], they are preventing the resistance of populism.”

Regional Collaboration: A Necessary Path Forward

Despite operating in diverse contexts, participants emphasized the importance of cross-border collaboration in combating these restrictive measures. Sharing experiences and strategies, such as those employed during Indonesia’s 2019 internet shutdown, can empower activists and CSOs to learn from each other and foster solidarity. “International and regional and local solidarity is important,” a participant emphasized.

The session highlighted the need for:

• Advocating for Transparent and Inclusive Legislative Processes: Participants stressed the need to push for legislative transparency and meaningful participation from civil society in the drafting and implementation of ICT laws. This includes pushing back against situations where “[t]hey seek input but at the same time it is not clear how they will address recommendations provided by stakeholders when finalizing the bills.”
• Demanding Greater Transparency from Tech Companies: Recognizing the influential role of tech companies, participants urged them to be more transparent in their dealings with governments in the region, particularly in light of incidents like the TikTok ban in Nepal. “While big tech companies deal with the government, they should be transparent about it,” one participant urged.
• Building a United Front Against Restrictive Legislation: Acknowledging the shared challenges posed by the rise of populism and its connection to restrictive ICT laws, participants called for a united front involving diverse stakeholders to resist these laws and champion a rights-respecting digital environment. This includes recognizing the “structural and interrelated aspects of who and how they are creating law.”

By highlighting common challenges, sharing strategies, and fostering regional collaboration, the session served as a vital step towards building a movement to resist the erosion of digital rights in the region. As governments across Asia continue to tighten their grip on online spaces, it is more important than ever to support the work of individuals and organizations fighting for a free, open, and rights-respecting internet.

Panel discussion members

Siti Desyana, EngageMedia (facilitator)

Nenden S. Arum, SAFEnet (discussant)

Saritha Irugalbandara, Hashtag Generation (discussant)

Santosh Sigdel, Digital Rights Nepal (discussant)

Szu Hui Huang, Open Culture Foundation (discussant)