Internet Freedom 2.1

Dhruva JaishankarGerman Marshall Fund

Internet Freedom 2.1Lessons from Asia’s Developing Democracies

Internet Freedom 2.1| #GMFInternetFreedom

Internet Freedom 2.1

1. The Internet freedom dilemma2. Why Asia’s developing democracies are

important3. Opportunities and challenges to Internet

freedom in India, Indonesia, Bangladesh, the

Philippines, and Thailand.4. Conclusions, Current Policy, and

RecommendationsInternet Freedom 2.1|

#GMFInternetFreedom

The Intern

et


1. Freedom of Expression Online is a Human Right


2. The Internet Has Value

Series 1

133 3661000

4200

Value as Public Good (2010, U.S. & Europe)Economic Contribution (2012, Developing World)Direct Commerce (2012, World)Economic Contribution (2016, G20)

Est. billions of U.S. dollars. Sources: The Economist, McKinsey & Company

(But how much?)


3. Bad Things Happen on the Internet


4. Denying Internet Access and AnonymityComes at a Cost (But how much?)


5. Internet Access and AnonymityDo Not Always Promote Democracy

But Denying Internet Access and Anonymity Limits Democracy


The Internet’s Future is in Asia

Image credit: John Matherly, Shodan

Half of the world’s population lives here.

Map of every device connected to the Internet


The Internet’s Future is in Asia




Specifically, South and Southeast Asia


Asia’s Developing Democracies Are Poised to ‘Break Out’




India and the Internet

Highlights• ICT Industry• Governance

(Aadhaar/eBiz)• Anti-Corruption Efforts• Political Activity

Population

• 1252 million

Internet Users

• 189 Million

Top Web Sites

• Google• Facebook• YouTube


Limitations on Internet Access and Anonymity in India

Article 19 of Constitution (1949) | “All citizens shall have the right…to freedom of speech and expression” but State can impose “reasonable restrictions…in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality…”

IT (Amendment) Act (2008).Section 66A | Anyone sending “by means of a computer resource or a communication device” “grossly offensive,” “menacing,” knowingly “false,” or misleading information shall be punished “with imprisonment for a term which may extend to three years and with fine.”

Section 67 | Punishment for publishing or transmitting obscene material in electronic form.

Section 69 | Authorizes Central or State government to “intercept, monitor or decrypt” “any information generated, transmitted, received or stored in any computer resource.”

• Threats to Security and Stability

• Legislation • Offensive

Material• Surveillan

ce• Social

Pressures


Indonesia and the Internet

Highlights• Vibrant Blogging

Community• Government

Transparency• Political Organization

Population

• 250 million

Internet Users

• 40 Million

Top Web Sites

• Google Facebook Blogspot


Limitations on Internet Access and Anonymity in Indonesia

Article 28 of Constitution (1945, amended 1999-2002). | Freedom to “express written and oral opinions, etc., shall be regulated by law.” “Every person shall have the right…to express opinions.”

Law on Electronic Information and Transactions (2008)Article 27 | Prohibited acts: Distributing, transmitting or causing to be accessible “contents against propriety…of affronts and/or defamation…of extortion and/or threats.”

Article 28 | Prohibited act: Disseminating “false and misleading information” or “information aimed at inflicting hatred or dissension on individuals and/or certain groups of community based on ethnic groups, religions, races, and inter-groups.”

• Cybersecurity / Religious Conservatism

• Legislation • Defamatio

n• Harsher

Punishments

• Filtering


Bangladesh and the Internet

Highlights• Frugal Innovation• Nascent ICT

Industry

Population

• 157 million

Internet Users

• 10 Million

Top Web Sites

• Facebook Google YouTube


Limitations on Internet Access and Anonymity in Bangladesh

Article 39 of Constitution (1972). | “Subject to any reasonable restrictions imposed by law in the interests of the security of the State, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement of an offence — (a) the right of every citizen to freedom of speech and expression; and (b) freedom of the press, are guaranteed.”

ICT Act (2006) Section 57: “If any person deliberately publishes or transmits or causes to be published or transmitted in the website or in electronic form any material which is fake and obscene” or tends to “deprave or corrupt” “or causes to deteriorate or creates possibility to deteriorate law and order, prejudice the image of the State or person or causes to hurt or may hurt religious belief or instigate against any person or organization, then this activity of his will be regarded as an offence.”

• Religious Conservatism

• Legislation • Blasphemy

• Blogger/Press Intimidation


The Philippines and the Internet

Highlight• Crowdsourcing

Legislation

Population

• 98 million

Internet Users

• 36 Million

Top Web Sites



Limitations on Internet Access and Anonymity in the Philippines

Article III of the Constitution (1987) | “No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.”

Cybercrime Prevention Act (2012)Section 4 (c) 4 | Punishable act: “The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code…committed through a computer system or any other similar means.”

Section 6 | For “all crimes…if committed by, through and with the use of information and communications technologies…the penalty to be imposed shall be one (1) degree higher.”

Section 12 | “Law enforcement authorities, with due cause, shall be authorized to collect or record by technical or electronic means traffic data in real-time.”

• Cybercrime / Libel

• Legislation • Higher

Penalties for Libel

• Real-time collection


Thailand and the Internet

Highlights• Political

Organization• E-Commerce

Population

• 67 million

Internet Users

• 18 Million

Top Web Sites



Limitations on Internet Access and Anonymity in Thailand

Section 36 of Constitution (2007) | “A person shall enjoy the liberty of communication by lawful means. The censorship, detention or disclosure of communication between persons…shall not be made except by virtue of the law specifically enacted for security of the State or maintaining public order or good morals.”

Computer Crime Act (2007)Section 14 | Anyone who commits any offence “that involves import to a computer system of any computer data related with an offence against the Kingdom’s security under the Criminal Code” “shall be subject to imprisonment for not more than five years or a fine of not more than one hundred thousand baht or both.”

Section 15 | “Any service provider intentionally supporting or consenting to an offence under Section 14 within a computer system under their control shall be subject to the same penalty.”

Section 16 | “Any person, who imports computer data where a third party’s picture appears either created, edited, added or adapted by electronic means …shall be subject to imprisonment for not longer than three years or a fine of not more than sixty thousand baht.”

• Lèse-Majesté

• Legislation • Censorshi

p• Service

Provider Liability

• Image Manipulation

• Destruction of Infrastructure


Clear Benefits from Internet Access and Anonymity

• Economic Opportunities

• E-Governance• Anti-

Corruption Efforts

• Organized Political Activity

• Public Discourse


But… • Constitutional Restrictions on Freedom of Expression

• Vaguely Defined Online Offenses

• Harsher Punishment for Online Crimes

• Expanding Surveillance and Filtering Capabilities

• Social Pressures from Conservative Societies


We Need to Rethink First Principles

• The online world is an extension of the offline world.

• Democracies are diverse.• There need not be a

trade-off between freedom and security.

• Governments, businesses, and civil society are divided.

• Internet laws are flawed.• Public awareness is low.



• Acknowledging that Internet freedom is a priority.

• Defining

principles.



• Supporting Civil Society

• Developing Technologies to Circumvent Censorship

• Supporting Multi-Stakeholderism

• Leveraging Trade Negotiations


Limitations to Internet Freedom 2.0 • Misplaced

Objectives• Limited

Capabilities• Unreliable

Technological Solutions

• Scepticism of Intentions

• Accusations of Double-Standards

• Weak Multilateral Institutions



• Bridge the divide between Internet policy and other aspects of public policy.

• Ensure checks and balances, through independent regulators, due process.

• Improve Internet awareness, through public education initiatives.

What Asia’s Developing Democracies Can Do:

#GMFInternetFreedom

Internet Freedom 2.1 • Share best

practices with international lawmakers, jurists, and journalists.

• De-Americanize the Internet by highlighting local successes.

• Support better research on the material and political benefits of Internet access and anonymity.

What U.S. and European Governments, Corporations, and NGOs Can Do:

#GMFInternetFreedom

Internet Freedom 2.1Lessons from Asia’s Developing Democracies

#GMFInternetFreedom