The Retreat of Free Speech During the Pandemic: The Worrying Development of Internet Freedom in Southeast Asia
The coronavirus pandemic is accelerating a decline in global internet freedom. Some governments have used the COVID-19 pandemic as an excuse to either limit access to information or to enhance surveillance measures. In Southeast Asia, three countries’ recent development draws particular attention: Myanmar, Thailand, and Cambodia. These countries have taken various political and legal measures during the pandemic that caused many to worry about the decrease in their people’s internet freedom. The internet users of the three countries have grown rapidly. Especially for Myanmar and Cambodia, the number of internet users has risen in recent years.
According to a recent report by the Freedom House, Myanmar and Thailand are ranked as “Not free” (39-0 points) and Cambodia as “partly free” (69-40 points) but incredibly close to the borderline of “Not free.” It should be noted that Vietnam is ranked as the least free of countries for internet freedom. However, this article will focus on the three countries that have drastic development regarding internet freedom and human rights during the pandemic. It is also important to have a close look at the tracked records of their internet freedom and human rights during the pandemic.
Myanmar
In Myanmar, internet freedom has deteriorated before the general elections on November 8. According to a report by Freedom House and Free Expression Myanmar (FEM), the Myanmar government has been using its power to censor and shut down mobile internet access in the Rakhine and Chin States, block critical websites, and arrest dissidents using its broad telecommunications law. In 2018, Myanmar formed a social media monitoring team to counter terrorism and to work with Facebook to prevent hate speech and false information during the election period. However, the opposition party accused the government of being biased and failing to stop hate speech on social media. The opponents claim that the task force uses a “double standard,” which could “jeopardize the validity of the general elections.” Under its telecommunications law, internet users could be sent to prison by the task force.
The United Nations Human Rights Office also warned about the recent development in Myanmar – including rights violations and proliferation of hateful speech against minority communities – as the country prepares for general elections next month. Ravina Shamdasani, U.N. human rights spokeswoman, said that the new rules and regulations create further restrictions on people’s right to participate in this political process, especially for minority groups such as the Rohingya Muslim and ethnic Rakhine population in Rakhine state. In Myanmar, the government-issued internet blackout contributed greatly to the decline of internet freedom, which has left 1.4 million people without access since June 2019.
Thailand
For the Thai government, a top priority has been controlling media and access to information in order to defy pro-democracy protestors. According to the Freedom House report, the government’s crackdown on free expression and “fake news” has ramped up amid the pandemic. Implemented in February 2020, an emergency decree outlaws online speech that could threaten security. Individuals accused of such offenses can be charged under the country’s Computer Crime Act, which has long been used to punish activists and journalists for their work. In March, Thai artist Danai Ussama was arrested at his art gallery in Phuket after Ussama reportedly claimed on Facebook that no screening for COVID-19 was being conducted at Suvarnabhumi Airport. Thai officials asserted that “the post created panic for the public and eroded their confidence in Suvarnabhumi Airport.”
Since October, Thailand’s government faces a persistent protest movement to call for the resignation of Prime Minister Prayuth Chan-Ocha and his cabinet. The demonstrators have frequently altered their tactics and had been rallied in flash mob-style, using social media such as Twitter, WhatsApp, Facebook, and Line to foster better communication with international social movements. The Thai government was allegedly engaged in information warfare as the Royal Thai Army (RTA) was found to have reliably connected with 926 Twitter accounts that were closed by Twitter. These accounts engaged in amplifying pro-RTA and pro-government content and engaging in behavior targeting prominent political opposition figures.
Cambodia
The Cambodian government has worked on a draft of a cybercrime law, which has drawn concerns from NGOs and rights groups. The draft law was first announced in 2010 to regulate Cambodia’s cyberspace and internet crimes. The clauses give law enforcement and courts the means to investigate related criminal cases such as fake news, identity theft, computer-related forgery, and crimes related to pornography. The draft law allows the authorities to “preserve traffic data for at least 180 days.” The draft also deals with misinformation and allows authorities to fine or imprison people who “knowingly or intentionally” make false statements that would damage public safety, national security, and “friendly relations of Cambodia and other countries.” The concerns center on freedom of expression, privacy, and data collection. The draft will also frighten internet users due to the potential prison sentences for sharing alleged fake news or disinformation.
This move has raised numerous concerns. First, the tightened measures mean the government will “patrol” cyberspace to a higher degree of frequency for internet users. In May 2020, a 14-year-old in Kampot was detained and forced to publicly apologize after expressing fear about the coronavirus in a Facebook message. On June 25, 2020, the Phnom Penh municipal police’s Cybercrime Bureau arrested Ros Sokhet, the publisher of the Cheat Khmer (“Khmer Nation”) newspaper, based on two posts made on his Facebook page addressing Prime Minister Hun Sen’s succession plans and Cambodia’s micro-loan debt crisis.
Second, the draft law could become a legal tool for the government to crackdown on activists. The Cambodian government has arrested several people during the COVID-19 pandemic who were accused of spreading disinformation over social media, not favoring the Cambodian government. According to Human Rights Watch, between January 28 and June 17, 2020, Cambodian authorities arrested 30 people who had expressed their views on Covid-19. Twelve of the 30 people arrested are affiliated with the dissolved Cambodia National Rescue Party (CNRP). As of October, 55 political prisoners were arbitrarily detained for exercising their rights to freedom of expression, peaceful assembly, and association.
Conclusion
The above three countries have shown a similar pattern: their governments have used political and legal means to lock up opposition activists and others expressing concern about the virus and the government’s response. Myanmar’s telecommunications law, and Thailand’s Computer Crime Act, are the legal instruments for the ruling parties to strengthen internet control over their people, especially the anti-government netizens. Cambodia is moving in the same direction and is drafting a cybercrime law. The pandemic is about the risks to people’s health and wealth, and the deterioration of human rights and freedom of speech for internet users in Southeast Asian countries.
