the asian broad bans: laws affecting freedom of expression on the internet

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The Asian Broad Bans: Laws affecting freedom of expression on the Internet

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Page 1: The Asian Broad Bans: Laws affecting freedom of expression on the Internet

The Asian Broad Bans:

Laws affecting freedom of expression on the Internet

Page 2: The Asian Broad Bans: Laws affecting freedom of expression on the Internet

BURMA

Computer Science Development Law 1996

Web Regulation 2000

Emergency Provision Act 1950

Official Secrets Act 1923

State Protection Law 1975

Page 3: The Asian Broad Bans: Laws affecting freedom of expression on the Internet

CHINA

• Complex series of laws and regulations that control the access to and publication of material online.

• Over 60 online writers have been detained. • Most of them were imprisoned and charged under

the Criminal Code. • pornography on the Internet (State Council Order

No.195, 1 February 1996)• Other laws: Law on Protection of State Secret

Page 4: The Asian Broad Bans: Laws affecting freedom of expression on the Internet

INDIA and PAKISTAN

India• IT Act (2000) regulates e-commerce, hacking, privacy• Yahoo website was blocked for promoting sedition.

Pakistan• censors “anti-Islamic” and “blasphemous” websites.• In March 2006, Supreme Court directed government to

block internet sites displaying sacrilegious cartoons.• Laws that can be used: Penal Code, Maintenance of Public

Order ordinance, Anti-terrorism law

Page 5: The Asian Broad Bans: Laws affecting freedom of expression on the Internet

MALAYSIA

Communications and Multimedia Act

Penal Code/Blasphemy

Internal Security Act

Official Secrets Act

Sedition Act

Defamation Act

College and University Act

Page 6: The Asian Broad Bans: Laws affecting freedom of expression on the Internet

SINGAPORE

• Singapore's Internet content regulation depends primarily on access controls (such as requiring political sites to register for a license) and legal pressures (such as defamation lawsuits and the threat of imprisonment)

• Telecommunication Act

• Bloggers registration with theMedia Development Authority (MDA) if they want to openly and regularly defend a political line.

• During election: no online discussion about politics at all.

• Other laws: Official Secrets Act, Sedition Act, Internal Security Act

Page 7: The Asian Broad Bans: Laws affecting freedom of expression on the Internet

VIETNAM

• Internet Law

• web content is extensively censored and email is

monitored

• 7 cyber-dissidents are in prison; most accused of spying

and sentenced to up to 12 years in prison.

• Criminal Code: spying (Article 80), propaganda against the

Socialist Republic of Vietnam (Article 88); illegally using

information in computer networks (Article 226)

• Various decrees and directives

Page 8: The Asian Broad Bans: Laws affecting freedom of expression on the Internet

Other Asian Countries

Bangladesh: Official Secrets Act, Special Power Act, Defamation

Cambodia: UNTAC Penal Code, draft Penal Code (defamation and insult)

East Timor: draft Penal Code (criminal defamation)

Japan: Public Offices Election Law

Indonesia: criminal and civil defamation laws; Anti-terrorism law; draft Antipornography and pornaction

Page 9: The Asian Broad Bans: Laws affecting freedom of expression on the Internet

Other Asian Countries

Nepal: revised TADO

Philippines: draft Anti-Terrorism bill, Penal Code (incitement to rebellion or insurrectiondefamation)

South Korea: law on viewing and distributing materials on the Internet, National Security Law

Sri Lanka: contempt of court

Thailand: Defamation laws in Criminal and Civil Codes.

Page 10: The Asian Broad Bans: Laws affecting freedom of expression on the Internet

Conclusion

Bloggers and on-line media are vulnerable to legal prosecution.

Defamation, sedition, OSA, ISA, anti-terrorism laws can be used to repress on-line FOE.

Page 11: The Asian Broad Bans: Laws affecting freedom of expression on the Internet

Want to know more?

http://www.article19.org/publications/regions/asia/index.html