Showing posts with label Internet regulation. Show all posts
Showing posts with label Internet regulation. Show all posts

Monday, February 09, 2009

Legal repression rampant in Asia

February 09, 2009
By Mong Palatino
UPI Asia Online

Column: Peripheries


Daly City, CA, United States, — There is a disturbing trend of legal repression in many Asian countries. Human rights abuses are on the rise, the legal profession is under attack and the independence of courts is compromised.

Human rights lawyer and UPI-Asia columnist Basil Fernando has written several articles about the creeping repression in Sri Lanka. State and non-state elements have been harassing human rights lawyers in Sri Lanka. Death squads are on the rise again. The police have taken a leading role in the administration of justice. The violence in Sri Lanka has prompted six former U.S. ambassadors to write the president of Sri Lanka urging the leader to protect the rule of law in the country.

Fernando mentioned that Sri Lanka’s Ministry of Defense has uploaded a report on its website in which a group of lawyers was branded as traitors for representing members of the Liberation Tigers of Tamil Eelam. A few months ago, a letter was published by a group called Mahason Balakaya (Battalion of the Ghosts of Death) which threatened lawyers who defend suspected terrorists. The letter warned that, “In the future, all those (who) represent the interests of the terrorists will be subject to the same fate that these terrorists mete out to our innocent people.”

The media in Sri Lanka is also under attack. The veteran editor of Sri Lanka’s Sunday Leader was killed by four unknown assassins. At least 20 persons raided the premises of Sirasa TV and damaged its communications equipment. Sirasa TV is an important independent media network in Sri Lanka.

Fernando writes that the spate of political killings and harassment in the country is “part of a scheme to physically exterminate parties considered undesirable by the current regime.”

The human rights situation in the Philippines is also worsening. The killings of leftist activists have not stopped. Activist and UPI-Asia columnist Gerry Albert Corpuz has written about the false criminal charges filed by the government against leaders of progressive groups.

Among those who were arrested for multiple murders and attempted murders is a prominent labor lawyer who has handled more than 700 labor cases and other controversial cases involving the president of the republic. More than 20 union and peasant leaders in the Southern Luzon region have been charged with several criminal cases as well.

The aim in filing these absurd cases is to prevent the grassroots leaders from organizing political activities that threaten to further destabilize the corrupt and unpopular incumbent government of the Philippines.

UPI-Asia columnist Awzar Thi has written about the shocking prison sentences given by Myanmar courts to more than 60 people for participating in activities deemed subversive by the government. The detainees were sentenced to long years of imprisonment. The prison terms were unbelievable: two years for reporting about the cyclone aid effort; six years for sending false information abroad; 20 years for keeping defaced images of national leaders in an email inbox; and 65 years for five monks and 14 members of the 88 Generation Students group.

The junta is conveying a message to other dissident groups and individuals that if they continue to join protest actions or write something that embarrasses the junta, they may face a jail term of up to 65 years. A lawyer believes that new criminal laws were invoked so that the junta can tell the international community that Myanmar has no political prisoners in jails, only criminals.

Another writer surmises that the harsh prison terms prove that the junta is “determined to ensure that the elections it plans for 2010 as part of its roadmap to democracy suffer no disruption and that the population will be sufficiently cowed not to repeat what happened in 1990.” The May 1990 general election was won by the opposition party, the National League for Democracy. But the junta has refused to recognize the election results.

Regulating the Internet is also becoming frequent in the region. Thailand has blocked websites that insult the monarchy. Cambodia has threatened to remove a website for showing half-naked Apsaras – female spirits from Hindu and Buddhist traditions. Vietnam has introduced new regulations on blogging. Malaysia has arrested bloggers who defy the government.

News reports of rampant human rights abuses in the aforementioned Asian countries are no longer surprising. Media censorship is also not unusual. But the boldness of these states in using shock tactics to punish their enemies is a further cause for alarm. It seems these governments are getting more desperate and barbaric.

This trend is expected to continue, and may in fact worsen, as more Asian countries grapple with the global economic recession. The financial crisis has exacerbated poverty, joblessness, and hopelessness in the region. This drives more people to express anger against ineffective governments. Aside from traditional methods of repression, governments are now using new legal instruments to prevent social unrest in their countries.

The recent and current waves of state-sponsored violence in many Asian countries are “preemptive strikes” against potential political actions by marginalized forces in society. The legal repression serves as a direct warning to all those who will dare challenge the status quo: the state will be ruthless in defeating all threats to its existence.

Governments are not just preparing stimulus packages to revive the struggling economies of their countries. They are also testing the legal instruments to be used to maintain peace and order once the recession turns into a depression. If economic stability seems an impossible objective at the moment, governments will shift their attention to order and survival, which are more realizable goals.

Political scientist Gerald Heeger wrote that “politics in underdeveloped societies has become preeminently a politics in search of order.” Since “development has proved to be an elusive goal, order, in contrast, is both more tangible and, so it seems, more necessary.”

The political killings, harassment of lawyers, and harsh prison terms for dissidents provide a glimpse of the fascist character of many parties in power. Beware of governments that have stopped believing that economic growth is still possible this year. They will now focus their attention on enhancing political control through coercion, repression, and naked brutality. Poverty and violence will be the main stories of the year 2009.

What will be the response of progressive political forces?
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(Mong Palatino is an activist and regional editor for Southeast Asia of Global Voices Online. He can be reached at mongpalatino@gmail.com and his website is www.mongpalatino.motime.com. )

Wednesday, January 14, 2009

Cambodian journalists accuse government of internet censorship

Wed, 14 Jan 2009
DPA
"... Sam Rithy Doung Hak said popular anti-government websites and political cartoons criticizing could be easily censored if the laws were introduced"
Phnom Penh - Cambodian journalists on Wednesday accused the government of trying to censor the internet with new legislation they say aims at silencing public criticism. Sam Rithy Doung Hak, a monitor for the Cambodian Association for the Protection of Journalists (CAPJ), said proposed laws to regulate audiovisual content on the internet could jeopardize Cambodia's relatively liberal media environment.

"These audiovisual laws will cover sound and pictures published on the internet, which I am convinced is driven by the government's intention to censor the internet," he said.

Information Ministry officials said earlier this week the laws, which are due to be passed later this year, were designed to prevent potentially defamatory or slanderous material from appearing on the internet.

But Sam Rithy Doung Hak said popular anti-government websites and political cartoons criticizing could be easily censored if the laws were introduced.

"We cannot say clearly how this is going to affect journalists' work since we have not seen the details of this law, but it is our intention to show the international community that it could be used as some sort of government tool to permanently scare online journalists so they don't go too far in criticizing the government," he said.

When asked to rate the current state of media freedom in Cambodia, he said, "our level of freedom is perhaps the best among the worst and the worst among the best."

Cambodia is currently ranked 128th on the US-based Freedom House organization's 2008 press freedom list - a "partially free" ranking shared with Georgia, Kenya and Paraguay.

Tuesday, January 13, 2009

Internet to be regulated: minister

Pheang Oudom, 18, works at the Olympic Net shop in Phnom Penh. (Photo by: Heng Chivoan)

Tuesday, 13 January 2009

Written by Sam Rith
The Phnom Penh Post

The Ministry of Information is drafting legislation that allows existing print regulations to govern other media, including the internet, but vows not to curtail press freedom.

THE Ministry of Information is drafting a law that would extend existing libel, defamation and ethics rules currently governing print media to other media platforms, including the internet.

Minister of Information Khieu Kanharith said the law would be used to formalise content management rules so that they could be easily applied by future information ministers. He said the law would not be used to curtail freedom of the press.

"We are drafting the legislation in order to have a proper law to manage radio, television and other platforms," he said in an interview with the Post Monday.

Khieu Kanharith said the recent explosion of media outlets outside of print made the law necessary, pointing to the increase in websites in recent years, as well as the growth in television and radio.

He said Cambodia has nine aerial television channels, 60 cable channels and several satellite and internet channels. The number of radio stations - including internet stations - is also growing rapidly.

He said he did not know when the draft law would be finished, noting that much work remains to be done before it can be sent to the Council of Ministers.

Control of the internet recently became an issue when several government officials suggested shutting down a website by Cambodian-American artist Reahu, whose depictions of semi-nude Apsaras they said were degrading to Cambodian culture.

Regulating radio
Mom Sonando, director of Sambok Khmum Radio (Beehive Radio), a private commercial radio station, said he supported the drafting of the law.

"I support the creation of a proper law to manage the media so that we will all know what we should do and what we should not do," he said.

He said he hoped the law would stipulate that all radio stations are entitled to the same broadcasting rights, which he said is not the case now.

For instance, he said his station does not have live broadcasting rights for Radio Free Asia and Voice of America programming, putting it at a disadvantage compared to stations that do.

Pen Samitthy, editor-in-chief of Rasmey Kampuchea and president of the Club of Cambodian Journalists, said however, that such laws generally lead to limitations on the press.

He said he would prefer that any law related to the media address only infrastructure issues and management techniques, such as frequency regulation.

Cambodian media group opposes legislative bill that will regulate Internet

12 January 2009
Source: CAPJ

The following is a statement from the Cambodian Association for the Protection of Journalists (CAPJ), a SEAPA partner based in Phnom Penh:

Government attempts to regulate the Internet

The Cambodian Association for the Protection of Journalists (CAPJ) expresses its concern about the Cambodian government's plan to regulate the Internet through the enactment of a law by late 2009.

CAPJ appeals to the government to put the plan on hold temporarily and that a survey be conducted instead.

CAPJ observed that since the Internet became available in 1997, it has been serving the public well despite the absence of laws governing it. Furthermore, no major incidents involving the Internet which caused negative consequences to Cambodian society has taken place. Actually, the public has already grown accustomed to this new technology and has been enjoying freedom to utilize this latest electronic tool. With the prospect of the new regulation, CAPJ President Um Sarin said: "It seems the government is applying autocratic rules to control everything aboutcommunication. We worry that this law would be used as a tool to control and clamp down on bloggers who harshly criticize the government and we appeal for the government to reconsider its current plan."

CAPJ will closely watch this situation and at the same time invite donor countries as well as the local and international human rights NGOs to take appropriate action should the Cambodia government pushes through with this new regulation.

CAPJ Secretariat

For more information, contact:
Um Sarin (umsarin59@yahoo.com)
Duong Hak Samrithy (duonghak.samrithy27@gmail.com)

Tuesday, January 06, 2009

Internet and audiovisual content about to be subject to regulations in Cambodia [-Big Brother Hun Sen wants to watch you!]

Battambang (Cambodia). 11/12/2006: an internet café. (Photo: John Vink/ Magnum)

05-01-2009
By Duong Sokha
Ka-set in English
Click here to read the article in French
Click here to read the article in Khmer

Since the Internet officially appeared in Cambodia in 1997 when the first Network Operating Centre (NOC) offered its services, this communication means for the broadcasting of information has become popular throughout country, together with the development of cable and satellite television and radio. But after more than a decade, the development of this communications medium is becoming a source of worry for the Ministry of Information, concerned about the potential impact of new technologies on the Cambodian society. The Ministry aims at putting down in writing a few regulations concerning “broadcasting services used via electronic systems” in a law which is currently in the process of being drafted. According to the Ministry of Information, the new legal document will not apply to news websites (such as Ka-set), since the main goal here would be to control the broadcasting of audiovisual data, games, entertainment and online advertisements, in order to make sure that rules – of a rather moral nature – are respected by all.

A response to technological evolutions

With the development of new technologies, the Ministry of Information of Cambodia has had to adjust to a wider scope of responsibilities. The Ministry, already in charge of regulating the usual analogue-audiovisual services, which include to the present day twenty-five radio stations and seven television channels broadcast in Phnom and/or Cambodia's provinces, had to extend its control to satellite radio and television, and, progressively, to these same means of communication, but broadcast via the internet, as explained by Nouv Sovathero, Secretary of State of the Ministry of Information and in charge of drafting the Bill, which will gather 12 chapters and 67 articles.

“Radio and television services have a strong influence on listeners and viewers”, he says. “The aim of this law is therefore to check on any broadcasting activity carried out via electronic systems, including the broadcasting of public shows”.

The new law will apply to audiovisual broadcasting via the Internet but also to mobile phones, the use of which has become commonplace in the space of a few years in the country. Today, mobile phone users can listen to the radio, watch the television and share texts, sounds and images.

By extending its responsibilities, the Ministry of Information's main goal is, according to the Secretary of State, to ensure the respect of good morals. “For instance, if we hear that there may be Internet games which have a negative impact on youngsters, or on the society as a whole, the Ministry of Information, in collaboration with the concerned authorities, will issue a warning to the person in possession of a broadcasting licence or will simply confiscate it”, Nouv Sovathero argues. “We will also make sure that advertisement reaches a certain standard of quality so that the interdiction to broadcast abusive or misleading announcements is duly respected.”

A double licence for local Internet service providers

The new text will define a legal frame for people in charge of editing audiovisual data online and for Internet service providers (ISP), whether they be companies or individuals, whose responsibilities are above all technical. Providers who are currently required to apply for a licence at the Ministry of Posts and Telecommunications before being able to be fully functional, will have to apply for a second licence at the Ministry of Information if the law is enforced. The team in charge of drafting the law issued these recommendations on the basis that Internet service providers are the ones who allow users to surf the web and access data on the network. Therefore, since they are classified as data producers and distributors, they should also be accountable to the Ministry of Information. Here again, the clear objective is to prohibit the broadcasting of obscene sounds and images...

Nouv Sovathero cited the example of images displayed on a blog and the recent subject of controversy, representing topless Apsaras standing in sensual poses, which according to him might shock the Cambodian public and arouse sexual impulses among internet surfers. The law would then allow the control of such content. The Secretary of State gave another example: “If a website displays the picture of a beautiful Cambodian actress and makes a montage with the body of a naked person, which Ministry is entitled to react to this, at the moment? The Ministry of Culture? Or the Interior?With the new law, the Ministry of Information will have prime responsibility over that as it will control the broadcasting of all audiovisual data”, the official observed.

Lessons of good manners for TV and radio presenters

In the same fashion, the law also stipulates the creation of a training centre intended for television and radio presenters. There, they would follow a training course meant to provide them with “manners” and the art of expressing oneself using an academic and refined Khmer language.

“Most of our presenters are not professional and besides, they are not acknowledged by our Ministry [of Information]”, Nouv Sovathero deplores. Some speak Khmer with a heavy foreign accent! It is something that worries us. With the new law, they will be required to be of Cambodian descent, able to read and express themselves in accordance with the rules of Khmer grammar. Foreign presenters who speak Khmer will not be authorised to exercise any longer, due to their incorrect and inaccurate pronunciation”, the Secretary of State detailed, insisting on the fact that the point was to make people respect “morality” in programmes broadcast throughout Cambodia...

End of 2009, kick off

The text of the bill, now complete, was handed to the director-general of the General Department of Information and Audiovisual at the Ministry to be examined and will soon be passed onto an ad hoc committee chaired by the Minister of Information, for new examination.

Before its submission to MPs, Nouv Sovathero observes, the text will then be “sifted through” by all those it concerns: holders of a licence for audiovisual broadcasting and representatives of the radio, television, cable channels sectors but also Internet service providers.

The Secretary of State also claimed he requested the financial and technical help of Internews, a France-based non-governmental organisation for the empowering of local media worldwide, in order to organise at least three seminars with a view to collect opinions on the law before jurists at the Council of Ministers take over the task and examine it. “We received positive answers from the NGO. Our goal is to make sure that all those who are concerned by the law can take part in this process so we can create a law that is efficient and acceptable to all”, he insisted, adding that if things went as planned, the law should be presented to MPs for a final vote at the end of 2009.

The law, according to Nouv Sovathero, only fills the gaps present in the system, as more and more people find an interest in these new means of audiovisual data broadcasting.

According to Sar Ratana, who chairs the Department of Regulations at the Ministry of Posts and Telecommunications, some thirty Internet service providers are registered to the present day in Cambodia, with however less than ten of them being fully operational. Besides, the Ministry holds records of some two hundred Internet cafés throughout the country, figures which are far below the reality of things, since many owners do not follow the necessary steps to obtain a licence. And according to the same governmental sources, the official number of Internet users in Cambodia does not exceed 18,000 people (data made public in October 2008 following a seminar on information and communication technologies). Here again, reality seems to go past official statistics. A private study carried out in 2008 for the Miniwatts Marketing group about the use of the Internet worldwide, available on the “Internet World Stats ” website takes into account estimations made by the International Communications Union which state that there are at least 70,000 regular Internet users in Cambodia today. And the flow of users should increase considerably in the next few months and years, as it is the case in most Asian countries.

With the elaboration of this law regulating digital broadcasting, the Ministry of Information hopes to follow the evolutions of modern technology. As for the Internet, other regulations are also planned, starting with a law on electronic trade.
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News websites not affected

According to Nouv Sovathero, the law on “broadcasting services used via electronic systems” will not concern online journalists but their work will continue to be subject to the 1995 Press Law. “The new law is not meant to control news editors but to manage general broadcasting online. Therefore this law shall not apply to news websites”, the Secretary of State commented. If a news website broadcasts inaccurate information, the Ministry of Information will react, the official, who was himself a journalist once, detailed. Journalists who work exclusively for online media, not coupled with a printable medium, are already entitled to a press card in Cambodia. The director of the Media Centre in relation with the Ministry of Information, pointed out that some 1,800 press cards were given out to Cambodian journalists and around 500 to foreign journalists in 2008, all media taken together... It is the case of Ka-set journalists.