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“The adoption of a draconian law on the pretext of combatting fake news was planned well in advance”, says RSF

Published

5 years ago

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About a week after the fake news bill was proposed in Parliament on 1 April, international non-profit, non-governmental organisation Reporters Without Borders (RSF) came out with a critical analysis of the bill, describing it as ‘completely inappropriate’.

Addressing several concerns shared by many others such as the bill’s loose wording which grants the government wide discretionary powers, and afford disproportionate penalties for publishing or sharing so-called ‘falsehoods’, the RSF said that the Protection from Online Falsehoods and Manipulation (POFMA) bill in it’s current form “would in reality be a horrifying tool for censoring and intimidating online media outlets and internet users”.

“It is not up to the government to arbitrarily determine what is and is not true,” said Daniel Bastard, the head of RSF’s Asia-Pacific desk.

“In its current form, this Orwellian law establishes nothing less than a ‘ministry of truth’ that would be free to silence independent voices and impose the ruling party’s line. We condemn this bill in the strongest possible terms because, in both form and substance, it poses unacceptable obstacles to the free flow of journalistically verified information.”

Among the issues RSF addressed include the select committee hearing that was convened by the government about deliberate online falsehoods. Following the Law & Home Affairs Minister K Shanmugam’s announcement in 2017 of the government’s intention to draft a fake news law, a special committee was set up consisting of parliamentarians and minister to hear recommendations from representatives from the media and new technology sector.

RSF pointed out, however, the reported prepared by the committee was incomplete.

It wrote, “But the report that the committee handed to the government last September concealed many of the comments made by the persons who had appeared before it. And the deep reserves expressed by tech giant representatives were carefully excluded.”

RSF highlighted two people who appeared before the commission, freelance journalist Kirsten Han who appeared together with Terry Xu, TOC’s editor. After presenting her recommendations, Kirsten Han has said that she was “horrified” to see her views “so drastically misrepresented” in an official summary of the hearing.

Not only were comments concealed and misrepresented, some people who were invited to speak at the hearing weren’t given the chance to do so. Blogger Han Hui Hui who was invited to appear before the commission told RSF that she was led up the garden path by parliamentary officials after receiving the invitation.

She said, “They regularly changed the date and time of my hearing, and then finally cancelled it.” On to of that, she was also arbitrarily expelled from the room where the supposedly public hearing were taking place and on 29 March, adding that she was held for several hours.

As for RSF itself, the article notes that an invitation was also extended to the advocacy group. However, RSF clarified that the invitation was declined on the grounds that it “preferred to get a better idea of what was being proposed” before giving its recommendations. RSF added that private emails exchanged on the subject were published in mainstream Singapore media.

On the hearing itself, RSF was entirely unconvinced of the intentions. It said,

“This semblance of legislative process suggests that the adoption of a draconian law on the pretext of combatting fake news was planned well in advance.”

Highlighting PM Lee’s announcement in December 2018 that early elections could be held before the end of 2019, RSF suggested that it’s understandable that the PM would have interest in “suppressing all unwanted reporting during the election campaign”. Unwanted reporting here would be related to the corruption scandal and family dispute over the late Lee Kuan Yew’s will in 2018.

RSF continued, “In this regard, one of the bill’s provisions seems made to measure. As ministers cannot exercise their functions in the usual manner during an election period because parliament has been dissolved, article 52 says that the minister’s powers can be exercised by an “alternate authority appointed by the (…) minister.’”

This means ministers can appoint close aides to issue the censorship orders, giving the government powers to still exercise the powers afforded to them under POFMA after parliament is dissolved.

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Civil Society

Thailand withdraws reservation on refugee children’s rights, welcomed by UN Human Rights Office

Thailand’s withdrawal of its reservation on Article 22 of the CRC is hailed by the UN, marking a key step in enhancing protections for refugee and asylum-seeking children.

Published

7 days ago

on

6 September 2024

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The UN Human Rights Office for South-East Asia (OHCHR) has praised Thailand for its decision to withdraw its reservation on Article 22 of the Convention on the Rights of the Child (CRC), a move expected to improve the protection of refugee and asylum-seeking children in the country.

Cynthia Veliko, the OHCHR Representative for South-East Asia, hailed the decision, calling it “a significant, positive step” toward aligning Thailand’s laws with international standards. “This move helps protect the rights of all children on the move, no matter their nationality or origin,” Veliko said.

The Thai Cabinet’s decision to withdraw the reservation took effect on 30 August 2024. Article 22 of the CRC ensures that refugee and asylum-seeking children receive protection, humanitarian assistance, and equal access to services provided to national children, in line with international human rights laws to which Thailand is a party.

This withdrawal is also expected to strengthen the implementation of Thailand’s National Screening Mechanism (NSM), introduced on 22 September 2023.

The NSM grants the status of “protected person” to individuals who cannot return to their home countries due to the fear of persecution. However, despite these legal advancements, children without legal status in Thailand remain at risk of being detained in immigration facilities.

The UN has raised concerns over the continued detention of children despite the Thai government’s 2019 Memorandum of Understanding on Alternatives to the Detention of Children (MOU-ATD). The UN Committee on the Rights of the Child has reaffirmed that every child has a fundamental right to liberty and should not be detained based on their migration status.

Veliko urged Thailand to focus on ending child immigration detention and adopting human rights-based alternatives.

“Children on the move are children first and foremost,” Veliko stressed, adding that detention due to migration status is never in the best interests of children.

The UN Human Rights Office expressed its readiness to assist the Thai government in developing alternatives to detention, ensuring that all children receive the protection and care they need.

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Civil Society

FORUM-ASIA condemns Myanmar junta’s forced conscription expansion, urges international action

FORUM-ASIA condemns Myanmar’s military junta for expanding forced conscription, calling it a desperate bid to maintain power. The policy, affecting men aged 35 to 60, adds to a long list of human rights violations, including forced labor and the use of civilians as human shields.

Published

1 week ago

on

4 September 2024

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The Asian Forum for Human Rights and Development (FORUM-ASIA) has condemned the Myanmar military junta’s recent decision to expand the age limit of its forced conscription policy, calling on the international community to stand in solidarity with the people of Myanmar.

The move is seen as a desperate attempt by the junta to maintain control in the face of a growing pro-democracy resistance movement.

On 25 August 2024, Senior General Min Aung Hlaing announced the introduction of a new “security system with public participation.”

This system would require men aged 35 to 60 to serve as guards, potentially placing them on the frontlines of conflict. The announcement follows the formation of the Central Supervisory Committee for People’s Security and Anti-Terrorism on 16 August, tasked with organizing military training and overseeing “people’s security and anti-terrorism” groups at various administrative levels.

The junta’s plan builds upon the forced conscription policy it implemented on 10 February 2024, invoking the 2010 People’s Military Service Law.

The law mandates men aged 18 to 35 and women aged 18 to 27 to serve two years in the military, with professionals like doctors and engineers potentially serving up to five years. Those who evade service or assist others in doing so face up to five years in prison. As part of this policy, the junta planned to conscript 5,000 individuals monthly from April 2024.

Civilians as Human Shields and Forced Labor

FORUM-ASIA has condemned the junta’s forced conscription policies, highlighting the military’s history of using civilians as human shields and forcing them into hard labor.

The International Labour Organization’s Commission of Inquiry found in October 2023 that the military continues to impose forced labor amidst the ongoing armed conflict, a practice that has escalated since the 2021 coup attempt.

Local news and human rights groups have reported that the junta is also abducting and arresting citizens to use as human shields, further contributing to the human rights violations in Myanmar. Many youths, rather than being conscripted into fighting for a regime they oppose, have fled their homes to join the resistance.

United Nations Secretary-General António Guterres has expressed concern over the junta’s detention and recruitment of Myanmar youth. Meanwhile, Tom Andrews, UN Special Rapporteur on Myanmar, noted the junta’s increasing use of powerful weapons against civilians as troop losses and recruitment challenges mount.

Call for Action

FORUM-ASIA is calling on the Myanmar military junta to immediately halt its forced conscription, abductions, forced labor, and the use of civilians as human shields.

“FORUM-ASIA urges the international community, including the UN and ASEAN, to thoroughly investigate the Myanmar military junta’s long list of human rights violations. The junta should be held accountable for all its crimes through sanctions and other punitive measures,” said Mary Aileen Diez-Bacalso, Executive Director of FORUM-ASIA.

“The international community must urgently isolate the junta and support the people of Myanmar in their struggle for justice and freedom,” Bacalso added.

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