Surveillance cameras at internet cafés, harsh accountability standards
for webmasters and the specter of self-censorship have many questioning the
future of Internet freedom.
The rise of information and
communication technologies has not only revolutionized how people interact with
each other but also forced many governments to operate in significantly altered
political landscapes.
In some cases governments can
help unleash the full potential of an open and free internet; for instance, by
ensuring that the web is accessible and affordable to all. On the other hand,
governments can also seek to inhibit such access.
The latter seems to be the case
in Southeast Asia where, under the cloak of exorcising the evils of cyber
crimes, governments have enacted numerous laws that undermine the people’s
internet freedom and civil liberties.
For example, the Cambodian
government is enforcing legislation drafted earlier this year which requires
internet cafés to set up surveillance cameras and to register users. It’s
supposedly a crime prevention measure but critics have argued that it violates
privacy rights. It could easily be used as well to harass online critics of the
government. This fear is perhaps not entirely baseless considering that the
government instructed local internet service providers to block several
opposition websites a year ago.
Meanwhile, in Singapore, the
proposed Code of Conduct for bloggers which didn’t get a favorable response
from the local internet community was finally discarded by the government in
favor of a Media Literacy Council. Established in August, the council is tasked
to promote public education on media literacy and cyber wellness. But critics
have questioned the lack of transparency in appointing the members of the
council which is seen by some as another internet censorship tool. They are
worried that the council might promote a narrow and twisted interpretation of
media literacy to prevent netizens from freely expressing their views and
sentiments.
Recently, the Philippines enacted
the Anti-Cybercrime Law which aims to prevent cyberspace from degenerating into
a “lawless realm.” But the law was described as a threat to media freedom by
journalists who protested the last-minute inclusion of libel into the law.
Instead of decriminalizing libel, which has been the demand of media groups for
years, the government enacted a law which increased the prison term for libel.
Furthermore, lawyers have cited a provision in the law which empowers the
Department of Justice to shut down any computer data system that violates the
law. Also, the agency has the authority to instantly censor harmful or illicit
web content even if the evidence submitted to the government is not conclusive.
Like the Philippines, Malaysia
has introduced amendments in the law which could curtail internet freedom.
Under section 114A of the revised Evidence Act of 1950, law enforcement
authorities are able to identify the persons who should be made accountable for
uploading or publishing content on the internet. These persons are those who
own, administer and edit websites, blogs and online forums. Also included in
the amendment are persons who offer webhosting services or internet access.
This means that a blogger or forum moderator who allows seditious comments on
their site is liable under the law. An internet café manager is accountable if
his customer sends illegal content online through the store’s WiFi network. A
mobile phone owner is the outright suspect if defamatory content is traced back
to his electronic device. Media freedom advocates have warned that the
amendment could force online writers to resort to self-censorship and web
moderators could disallow critical comments in order to avoid prosecution and
harassment suits.
The Philippines and Malaysia may
have been inspired by Thailand’s experience which has gained notoriety for
using restrictive laws to punish government critics. Article 112 of Thailand’s
criminal code is often described as the world’s harshest lèse majesté
(anti-royal insult) law. The controversial law is often invoked to censor web
content and shut down websites. Aside from webmasters, even ordinary citizens
have been jailed for allegedly sending mobile phone text messages that insult
the royal family. Scholars and activists have been demanding a reform in the
antiquated law but the government has dismissed the petition.
Elsewhere, Vietnam has distinguished
itself as the leading nation in the region with the largest number of jailed
journalists (worldwide only Iran and China have more according to Reporters
Without Borders). Even the Prime Minister has openly criticized some
opposition-leaning bloggers whom he accused of fomenting disunity in the
country. The government has taken up the habit of intermittently blocking
popular social network sites and arresting bloggers accused of spreading
subversive demands.
Governments in the region have
justified the imposition of harsh web policies ostensibly to protect the rights
of ordinary internet users and uphold public morality. While they pay homage to
the positive wonders generated by the internet, they are also wary of the
numerous crimes committed in cyberspace.
For example, Singapore’s Media
Development Authority defended the creation of the Media Literacy Council by
highlighting the need to instill awareness about the proliferation of illegal
web activities that victimize the youth. “Social issues such as bullying,
scamming, preying on the young and inappropriate comments have found new
outlets and been magnified through the multiplier effects of the internet and
social media,” the agency warned.
Similarly, the Cambodian
government has also invoked public welfare concepts. It added that terrorist
acts and other transboundary crimes which affect national traditions and
cultural values are often done using telecommunications services.
Philippine Senator Edgardo
Angara, the principal author of the Cybercrime Prevention Act, is confident
that the law is necessary to bring out the benefits of the internet. “With this
law, we hope to encourage the use of cyberspace for information, recreation,
learning and commerce. By protecting all users from abuse and misuse, we enable
netizens to use cyberspace more productively… Its enactment sends out a strong
message to the world that the Philippines is serious about keeping cyberspace
safe,” Angara said.
It’s convenient for governments
in the region to raise the specter of cybercrimes and web misuse, but in many
instances they exaggerated the threats to impose highly punitive measures and
stricter media control. Their real aim could be to tame cyberspace and regulate
it in the manner that they have successfully controlled traditional media. Web
regulation has been deemed necessary because the existence of an unbridled new
media has threatened the political hegemony of the political elite.
Online citizen movements have
been quite successful in exposing the sinister motives of politicians who
wanted to censor the internet but so far they have failed to prevent
governments from implementing programs and laws that restrict free speech on
the web. Southeast Asian governments, it seems, have been actively studying
internet laws in the region and have been exchanging practices on how to
effectively manage the dangerous potential of the internet. It’s time for
Southeast Asian netizens to counter this disturbing regional trend with their
own brand of regional cyber activism.
Mong Palatino
Business & Investment Opportunities
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