The Open Culture Foundation is a nonpartisan, nonprofit organization, founded in 2014 by several members of Taiwan’s open source community.
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On May 28, 2021, members of the Coconet community were among 25 organisations that signed a statement calling on the Indonesian Ministry of Communication and Information Technology (Kominfo) to repeal Ministerial Regulation 5 (MR5), which can lead to “prepublication censorship” in its current state.
The law requires private electronic systems operators (ESOs), which include social media platforms like Facebook, Twitter, and TikTok, to monitor and remove “prohibited content”, as flagged by the Indonesian government. ESOs must also be registered in Indonesia. Failure to acquire a license from the ministry by December 2021 will lead to the platform being blocked in the country.
“This requirement for companies to proactively monitor or filter content is both inconsistent with the right to privacy and likely to amount to prepublication censorship”, the statement reads. The law, which came into effect on December 2 last year with little consultation, is also not clear about what constitutes prohibited content.
Read the full statement below:
May 28, 2021
Dear H.E. Johnny G. Plate,
Minister of Communication and Information Technology
Ministry of Communication and Information Technology, IndonesiaWe, the undersigned, urge you to repeal Ministerial Regulation 5/2020 (MR5) that is deeply problematic, granting government authorities overly broad powers to regulate online content, access user data, and penalize companies that fail to comply.
MR5 governs all private “electronic systems operators” that are accessible in Indonesia, broadly defined to include social media and other content-sharing platforms, digital marketplaces, search engines, financial services, data processing services, and communications services providing messaging, video calls, or games. This new regulation will affect national and regional digital services and platforms, as well as multinational companies like Google, Facebook, Twitter, and TikTok.
These companies are required to “ensure” that their platform does not contain or facilitate the distribution of “prohibited content”, which implies that they have an obligation to monitor content. Failure to do so can lead to blocking of the entire platform. This requirement for companies to proactively monitor or filter content is both inconsistent with the right to privacy and likely to amount to prepublication censorship.
The regulation’s definition of prohibited content is extremely broad, including not only content in violation of Indonesia’s already overly broad laws restricting speech, but also any material “causing public unrest or public disorder” or information on how to provide access to, or actually providing access to, prohibited material. The latter includes Virtual Private Networks (VPNs), which allow a user to access blocked content and are routinely used by businesses and individuals to ensure privacy for lawful activities.
For “urgent” requests, MR5 requires the company to take down content within four hours. For all other prohibited content, they must do so within 24 hours of being notified by the Ministry. If they fail to do so, regulators can block the service or, in the case of service providers that facilitate user-generated content, impose substantial fines.
MR5 obliges every “Private Electronic System Operator” (Private ESO) to register and obtain an ID certificate issued by the Ministry before people in Indonesia start accessing its services or content.
Previously, registration must take place by May 24th, 2021, but later was postponed, based on a press conference held by Samuel Pangerapan as General Director APTIKA (Directorate of Application and Informatics) of Indonesia MICT, to 6 months until the Single Sign-On (SSO) is ready to be implemented.
Under MR5, Kominfo will sanction non-registrants by blocking their services. Those Private ESOs who decide to register must provide information granting access to their “system” and data to ensure effectiveness in the “monitoring and law enforcement process”. If a registered Private ESO disobeyed the MR5 requirements, for example, by failing to provide “direct access” to their systems (Article 7 (c)), it can be punished in various ways, ranging from a first warning, to temporary blocking, to full blocking and a final revocation of its registration.
Based on our analysis, MR5 does not comply with standards, legal theory or principles, but also does not uphold freedom of expression and other human rights.
The substance of MR5 includes the regulation of digital rights, including restrictions. Considering the right to privacy, it is clear that MR5 exceeds the limits given in Law 12/2011, because it is limited to the framework of “administering certain functions in the government”. MR5 therefore has the potential to violate freedom of expression and other human rights.
The provisions in MR5 are potentially contrary to Article 12 of the Universal Declaration of Human Rights (UDHR) and Article 17 of the International Covenant on Civil and Political Rights (ICCPR), especially the provisions enabling authorities to obtain personal data from Private ESOs. These concerns are compounded by the absence of independent supervision in obtaining access to personal data, and the fact that in practice, personal data is often misused, especially by law enforcement officials.
The three-part test has not been strictly regulated in the legal mechanism in MR5, so practically, this arrangement opens up space for violations of human rights, particularly the right to privacy.
In MR5, the term “Access Termination”, interpreted as meaning both blocking access to the internet and takedown of an account or a social media post, is used 65 times. This has the potential to limit rights and freedoms, and is very likely to interfere with the interests of Private ESOs. Further, the standard of limitation for the termination of access to the internet is not clearly stipulated within MR5, leaving the powers to terminate access open to abuse and disproportionate application. The failure to include an adequate complaints mechanism further compounds concerns that termination of access will be utilised by authorities arbitrarily and excessively.
The phrase “prohibited” in Article 9 paragraphs (3) and (4) actually has a very wide range and its interpretation opens up space for debate, especially if there is a conflict of interest of State Institutions or law enforcement officials. For example, what is meant by “public disturbance”, what is the standard or measure, who has the authority to determine it, and what if the public feels that it is not part of what is called “disturbing the society”?
With regard to Chapter IV, Article 14, regarding requests for termination of access, it is necessary to consider the restriction standards stipulated in Article 19 paragraph (3) of the ICCPR, including considerations of the Human Rights Committee’s General Comment No. 34.
MR5 requires Private ESOs, including social media platforms and other online-based service providers to comply with domestic jurisdiction, both for content and the use of content in daily practice. The legal framework for such obligations weakens the protection of all social media platforms, applications, and other online service providers, especially to accept domestic jurisdiction over user data content and policies and practices. Such a legal framework becomes a repressive instrument that would contradict or even violate human rights.
We call on you to immediately repeal MR5.
Regards,
Access Now (International)
Amnesty International Indonesia (Indonesia)
Alliance of Independent Journalists (Indonesia)
ARTICLE 19
Digital Reach (Thailand)
Electronic Frontier Foundation (International)
EngageMedia (Australia)
ELSAM (Indonesia)
Free Expression Myanmar (Myanmar)
Foundation for Media Alternatives (Philippines)
Greenpeace Indonesia (Indonesia)
Human Rights Watch (International)
Indonesia Corruption Watch (Indonesia)
Indonesia Legal Aid Foundation (Indonesia)
Institute for Criminal Justice Reform (Indonesia)
Komite Perlindungan Jurnalis dan Kebebasan Berekspresi (Indonesia)
LBH Jakarta (Indonesia)
LBH Pers Jakarta (Indonesia)
Manushya Foundation (Thailand)
Open Net Association (South Korea)
Oxen Privacy Tech Foundation (OPTF) (Australia)
Perkumpulan Lintas Feminis Jakarta (Indonesia)
Southeast Asia Freedom of Expression Network (SAFEnet) (Indonesia)
TAPOL (United Kingdom)
Unit Kajian Gender dan Seksualitas LPPSP FISIP UI (Indonesia)
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This statement by civil society organisations in Myanmar was originally published in Free Expression Myanmar, a Coconet community member, on February 11, 2021. It has been republished here with permission.
For more timely updates on #WhatsHappeningInMyanmar, check out and follow the Twitter accounts of Coconet members Free Expression Myanmar and Myanmar ICT for Development Organisation (MIDO).
We, the undersigned civil society organizations, reject the so-called “Cyber Security Bill” drafted by the current military regime, which has not been entrusted by the people with legislative power.
On 9 February 2021, the Ministry of Transport and Communications issued a directive enclosing the so-called “Cyber Security Bill” – which violates the principles of digital rights, privacy and other human rights – and circulated these documents to mobile operators and telecommunications license holders for comments.
Firstly, as this “bill” is not issued by an institution that has been entrusted with legislative power by the public to act accordingly, we do not accept this as a legitimate bill.
Secondly, the “bill” includes clauses that violate human rights including the rights to freedom of expression, data protection and privacy, and other democratic principles and human rights in the online space. As the “bill” is drafted by the current military regime to oppress those who are against its rule, and to restrict the mobilization and momentum of online resistance, we strongly condemn this action by the current military regime in accordance with our democratic principles.
The issuance of the “bill” is evidence that the military has not only attempted a coup d’état, but is also exercising undue legislative power unlawfully to oppress the public.
If this unlawful action by the current military regime is not denounced strongly in time, military oppression over the country will be long-lived and we, the undersigned civil society organizations, strongly condemn this action by the current military regime and issue the following statements –
1. We do not accept and strongly condemn the military coup d’état and demand the current military regime to return the power to the public immediately without any exceptions.
2. We do not accept, acknowledge or comply with this “bill” and directive as well as any other future “bills” that may be drafted by the current military regime in an attempt to oppress the people.
3. We strongly demand the current military regime to halt any undemocratic practices.
Signed by:
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]]>The post Excerpt: “On the Use of Digital Identity in Asia”, a three-part series on digital IDs appeared first on Coconet.
]]>The post Excerpt: “On the Use of Digital Identity in Asia”, a three-part series on digital IDs appeared first on Coconet.
]]>The post Funding Opportunity: Applications now open to produce ‘Tech Tales’ digital rights films appeared first on Coconet.
]]>EngageMedia invites filmmakers, video journalists, and animators across the Asia-Pacific to produce short films on important digital rights issues happening in our region, as told with our voices and from our perspectives. The produced works will be included in Tech Tales, a film collection that will be used to further digital rights advocacy and campaigns.
Up to eight filmmakers will each be awarded between USD 3,000 and 5,000 to produce their respective films. Tech Tales accepts documentaries, fiction, animation, and other short narrative video productions.
Apply to Tech Tales by filling out the form at EngageMedia.org. The deadline for applications has been extended to 20 January 2021, 23:59 Bangkok time (UTC+7).
If you encounter any errors in the application form, or have any questions about the Tech Tales project, please feel free to reach out via the EngageMedia contact page.
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]]>The post Human Rights Day 2020: ‘Recover Better’ in Physical and Digital Spaces appeared first on Coconet.
]]>This December 10, the United Nations commemorated Human Rights Day with the theme, “Recover Better – Stand Up for Human Rights.” The theme this year ensures that human rights are at the centre of the world’s recovery from the COVID-19 pandemic. These human rights extend beyond the physical and into the digital space, as stated by the UN Office of the High Commissioner for Human Rights in 2012 and 2019.
To add to the conversation on human and digital rights, allow us to share additional resources on digital rights that were published this year.
The Universal Declaration of Human Rights has helped improve the lives of millions of people and lay the foundations for a more just world.#StandUp4HumanRights on #HumanRightsDay & every day. https://t.co/2ftXxLBj0g pic.twitter.com/FDd1Nx3IuU
— United Nations (@UN) December 10, 2020
Gaya Khandhadai, Asia policy regional coordinator with the Association for Progressive Communications (APC), has curated the following 2020 digital rights reports on the Asia-Pacific:
The above reports are supported by APC through the CYRILLA initiative.
Earlier this year, EngageMedia Digital Rights Program Manager Kathleen Azali wrote a blog post exploring the definitions of digital rights according to members of the Coconet community and other regional and international charters.
Aside from the English version, this article is now also available in Thai and Indonesian. The Thai version was translated by volunteer Ben Muangwong, while the Indonesian version was translated by EngageMedia.
If you are interested to translate this article in another language, please reach out via the Contact page.
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]]>The post Coconet Virtual Reunion: Reaffirming solidarity amid COVID-19 appeared first on Coconet.
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Before the COVID-19 pandemic, it was never a surprise to see a fellow member of the Coconet community in a conference or project meeting anywhere around the globe. Community members, all former attendees of either the first or second Coconet digital rights camps, often had to travel, as networking is an integral part of mainstreaming digital rights and strengthening solidarity among civil society actors in the region.
The pandemic, however, has put a halt to that. And not only that — soliciting and showing solidarity has been challenging in light of webinar and virtual meeting fatigue, the abrupt migration to virtual systems, and prolonged confinement in our respective homes, among other reasons.
In spite of all this, Coconet members reunited online on November 5, 2020, to collectively reflect on the pandemic’s challenges to the community. The online reunion was an anniversary celebration for participants from both camps, as these were held in the last week of October in 2017 and 2019, respectively. It was also a chance for members to share updates on our countries and local movements.
The two-hour virtual gathering was attended by members from Cambodia, Indonesia, Myanmar, Nepal, Netherlands, Philippines, Taiwan, and Vietnam.
We jump-started the reunion by asking everyone to give one thing they were looking forward to in the future. Members’ responses were varied, from wishing for less cold winters to continuing to fight against companies with surveillance-based business models.
Still, the strongest hope for all was to see and bond with each other again in person. As activists, this hope is with the recognition that while we wait for physical interactions to happen again, we need to adapt and respond to the whole new set of challenges emphasised and unearthed by the pandemic. We also need to be ready to respond to how governments are taking advantage of the pandemic to increase state surveillance and stifle freedom of expression.
Below are specific themes that were apparent over the course of the gathering:
While the members primarily belong to organisations working on digital rights, digital security, and internet freedom, some members still faced difficulties migrating to fully virtual systems due to the costs and inadequate time for orientation. Others also expressed concern about organisations opting for corporate tech products due to convenience, forgoing privacy concerns.
In Taiwan, Nepal, and Indonesia, there is a stronger call for digitising national ID systems, but drafted implementing rules and regulations have had little to no provisions on data protection, privacy, and storage.
In Myanmar, voting during the November 8 elections was cancelled in ethnic minority areas due to the pandemic. Polls were also closed in Rakhine and Chin states, where the longest internet shutdown in the world is ongoing and where the highest number of COVID-19 cases in the country have been recorded. These states are also in the middle of a civil war that has killed hundreds of civilians over the past two years. Protests against the shutdown and the civil war have led to activists being arrested and sentenced to jail. (Sign a joint statement here against the arrests.)
Vietnam and Malaysia will also be having their elections soon. Members said they will be sure to be on the lookout for digital rights violations, especially with the increase of hate speech and disinformation online during this time.
In Cambodia, there is a crackdown of dissenters criticising the government’s relationship with China. There were reports of officials personally approaching journalists to take down articles that tackle China’s increasing role in Cambodia’s economy.
In the Philippines, the controversial Anti-Terrorism Law was passed in July 2020. The new law allows the state to tag any individual and group as alleged terrorists, and detain suspects for a maximum of 24 days,
In Thailand, the government had also attempted to ban four independent media outlets and a Facebook page from broadcasting, claiming that they “threaten national security”. The ban has since been lifted, but protests continue.
In Vietnam, Facebook is aiding the government to censor dissent. Users who post any sentiment against the state can also be jailed for a minimum of six years.
In Indonesia, protests against the Omnibus Law, which weakens labour rights and environmental protection laws, erupted last month. Police were reported to have confiscated the phones and laptops of protesters, and have deployed upgraded surveillance planes in demonstration areas. Digital attacks, such as doxxing and an increase in anti-protest narratives, have also been on the rise.
In Thailand, activists and protesters are subjected to sexual harassment and hate speech online to invalidate their campaigns.
At the end of the reunion, members left with a keen sense of commitment to continue working together despite the challenges in organising movements in the time of the pandemic. Threats to digital rights may have increased, but that only makes the need to strengthen the movement in the region all the more urgent and necessary.
Most importantly, we left the call with a renewed belief that we are never alone in this fight for digital rights because we are all part of this movement together.
Dianne Olivan is the EngageMedia Program Officer and point person for the Coconet community.
If you or your organisation is a member of the Coconet community and need support, please do not hesitate to reach out to everyone via the community Mattermost. If you do not have access to it, please email at [email protected].
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]]>The post Indonesia Digital Rights Situation Report 2019: The Rise of Digital Authoritarianism appeared first on Coconet.
]]>The post Indonesia Digital Rights Situation Report 2019: The Rise of Digital Authoritarianism appeared first on Coconet.
]]>The post Documenting During Internet Shutdowns: A WITNESS Guide in English and Indonesian appeared first on Coconet.
]]>The post Documenting During Internet Shutdowns: A WITNESS Guide in English and Indonesian appeared first on Coconet.
]]>The post #SupportForNikisha: Join Nepali netizens to condemn online harassment against women, gender-diverse people appeared first on Coconet.
]]>The post #SupportForNikisha: Join Nepali netizens to condemn online harassment against women, gender-diverse people appeared first on Coconet.
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