Digital regulations and policies adopted by Southeast Asian governments have posed serious threats to human rights and civil liberties. Although they are allegedly intended to combat cybercrime, these regulations are often misused to limit democratic space under the guise of protecting “national security” and “improving safety”.

Many countries in Southeast Asia have enacted ambiguous cybercrime laws that create opportunities for states to target journalists, activists, political opposition, and other democratic actors. The overly broad definitions of “online harms” and “cybercrime” in these laws have made them tools for censorship and unreasonably restrict citizens’ online activities. These risks are exacerbated by a lack of transparency around the adoption and implementation of these regulations.

The overly broad definitions of “online harms” and “cybercrime” in Southeast Asian laws have made them tools for censorship and unreasonably restrict citizens’ online activities.

For example, my organization Southeast Asia Freedom of Expression Network (SAFEnet) noted that between 2013 and 2023, there were at least 626 cases in which Indonesian citizens were reported to the police under articles on defamation, hate speech, and insults in the Electronic Information and Transactions Law (EIT Law), Indonesia’s version of a cybercrime law. In addition, SAFEnet found when criminal cases were based on the EIT Law and heard in Indonesian courts, the conviction rate was a remarkable 96.8% and the imprisonment rate was 88%, raising questions about due process.

One striking case involves an environmental activist in Karimun Jawa, Indonesia who was prosecuted for posting “hate speech” after criticizing shrimp pond pollution on social media. Although he was eventually acquitted following an appeal, this case shows how digital regulations can be weaponized against those advocating for even basic public interest.

To counter these challenges, democratic actors must continue to educate the public about the implications of dubious ‘cybercrime laws’ on their digital rights and strengthen civil society organizations’ capacities for mitigation and incident response. Regional networks must also consistently monitor the implementation of cyber regulations across countries, fostering solidarity to resist and challenge any violations of rights and freedoms collectively.

Southeast Asian countries must improve their approach to digital regulation, ensuring that laws protect democracy and uphold human rights rather than restrict them. Without these changes, digital regulations or cybercrime laws will become widely used tools of oppression, eroding citizens’ fundamental freedoms and undermining democratic values.

This piece was first published in The Big Question by National Endowment for Democracy https://www.ned.org/big-question-how-are-cybercrime-laws-weaponized-to-legalize-repression-2/