Internet Rules: Unboxing Digital Laws in Southeast Asia, 2021

The Internet Rules: Unboxing digital laws in Southeast Asia workshop is an opportunity for those working on issues relating to ICT laws in Southeast Asia to understand fundamentals of legal methodology, research and advocacy and get a sense of the ICT laws ecosystem. The workshop will also explore cross jurisdictional analysis of laws and jurisprudence in the region.

🌟 Workshop Overview

🌟 Workshop Overview

🔖 Agenda

🕝 Please check the UTC Time Converter to know the time of the sessions in your local time zone!

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🌟 Workshop Overview

Sessions' briefer & Curriculum

The entire curriculum for the workshop can be downloaded here.

Introduction

As emerging information and communications technologies (ICTs) begin to challenge, modulate and fundamentally alter everyday life, legal and policy frameworks must adapt to better capture social, economic and political vectors driving this change. With a heterogenous mass of users increasingly coming online, countries in Southeast Asia have an unique opportunity to drive this change and use technology to improve the lives of individuals. In doing so, they can set the benchmark for other emerging economies grappling with the prospect of technological change.

However, the development and governance of these ICTs must evolve keeping in mind the aspirations and rights of individuals and communities. Over the past decade, several laws and policies have been enacted by states to address challenges. These regulations have a significant impact on an array of rights guaranteed by national and international law. 

This course seeks to equip participants with knowledge of the fundamental legal questions that need to be answered from a rights-based perspective when uncovering this form of technological change and the legal methods that are required to answer these questions.

Substantive sessions

Day 1, 20 September 2021

Session 1: Law and jurisprudence 101: Introduction and basic concepts

Resource person: Emerlynne Gil
Time: 3:30 - 5:30 AM UTC

Laws, and jurisprudence interpreting them, are critical to the study of any field. Understanding fundamental concepts of law and jurisprudence are essential for engaging in digital rights research and advocacy for all. This unit is an introductory session designed for participants, especially non-lawyers, to get a foundational understanding of how legal instruments, institutions and systems work. It aims to equip participants with fundamental skills and information needed to access the other sessions and navigate digital rights advocacy and policy work in their countries. 

In this session, participants should aim to uncover debates around the nature of law, be able to distinguish between legal systems and institutions, appreciate core constitutional doctrines and synthesise various sources of law. This session will also help participants understand the analysis of legal provisions and jurisprudence with the help of tools, databases and methods to access them.

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Session 2: Introduction to ICT law ecosystem

Resource person:  Indri D. Saptaningrum
Time: 6:30 - 8:30 AM UTC

The last decade has seen a surge of legislation, policy instruments and jurisprudence in Southeast Asia. These developments will shape the future of the digital ecosystem both regionally and globally. These laws and regulations combined with other instruments dictate how ICTs are governed. This has tremendous implications on our rights. Therefore, this unit seeks to provide a high-level understanding of the legal ecosystem in Southeast Asia which regulates ICTs and user experience. 

The objective of this unit is to summarise regulations, including legislation and policies as applicable, used to govern different aspects of the internet and online experience. Participants will leave the session with an appreciation of the framework within which ICT laws are created, and the powers and processes that create them. They will also have a broad understanding of the common opportunities and challenges across sectors and countries as a result of these regulations.

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Day 2, 21 September 2021

Session 3: Error 403: Exploring access, telecom policy and network shutdowns

Resource persons: Edmon Chung & Damar Juniarto
Time: 3:30 - 5:30 AM UTC

Access to the internet is intrinsic to exercising other rights. The digital divide between urban and rural areas has significantly impeded the ability of all people to untap the potential of ICTs. While most access to the internet has been provided by corporations, either state or privately owned, the space for democratising ICT infrastructure is far from being realised in Southeast Asia. Nations, particularly emerging economies, rely on equitable access to digital infrastructure both for economic growth and welfare. To facilitate this, countries have instituted a variety of laws and policies that enable both private and public vendors to carry out these services, although some of these policies have been criticised for unduly disenfranchising communities who need it most. With the highest number of network shutdowns and a significant gender-based digital divide, several sections of society remain discriminated against in being able to obtain meaningful access to the internet. However, there have been positive developments in the region, including recognition of access as a right and pronouncements that recognise the importance of access. 

The first part of this unit is designed to help understand meaningful access and the regulatory framework, including laws and policies, that enable access to the internet or connectivity. Participants will be exposed to international discussions and jurisprudence from the region that recognise the significance of access. The second part of the unit will focus on the unique problem of network shutdowns and its consequences. Participants will be familiarised with laws and regulations used to impose government-mandated disruptions of internet access. This part of the session will provide participants with a factual primer on network shutdowns to appreciate the legal challenges and evolving jurisprudence on the issue.

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Session 4: Under lock and key: Privacy, surveillance and data protection

Resource person: Jam Jacob
Time: 6:30 - 8:30 AM UTC

Privacy and data protection have been recognised as two of the most important human rights in the digital age. Recent technological advances have changed the manner in which individuals interact with such a complex ecosystem. Nation states have launched mass surveillance programmes that have unprecedented capability of recording information about citizens’ communication and activity. 

This unit will identify the different facets of an individual’s privacy that are impacted in the digital age and map regulations that are intended to protect those rights. It will examine the impact of emerging technologies on decisional privacy by analysing the different forms of surveillance currently deployed in society and the legal frameworks enabling them. Since the increasing use of personal data in the ICT space warrants a closer look at data protection legislations, we will look at the current level of protection offered by legislations and examine if they have been adapted to address the informational privacy harms arising out of the technological changes. 

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Day 3, 22 September 2021

Session 5: Speaking up: Exploring SEA laws on protecting freedom of expression

Resource person: Wahyudi Djafar
Time: 3:30 - 5:30 AM UTC

Freedom of expression is the bedrock of any democracy. In the current, polarised, political times, our communication and political conversations are increasingly shifting online. The internet is a critical enabler and a tool for citizens, activists and journalists to express themselves. It is therefore important to know the laws and regulations that protect our speech, and the laws and regulations that limit it. 

Accordingly, this unit seeks to familiarise participants with the different laws protecting freedom of speech and expression across Southeast Asia, and the restrictions on freedom of expression that are common in these legal systems. The session will also look at the brief history of these laws and restrictions, and how they surface both offline and online in contemporary times.

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Session 6: Unpacking hate speech, defamation and misinformation

Resource person: Herlambang Wiratraman
Time: 6:30 - 8:30 AM UTC

Limitations to freedom of expression have been difficult to define in precise terms given that a lot hinges on context. This has often become an excuse for unwarranted action and censorship against inconvenient speech in the name of misinformation and national security. On the other hand, hate speech has become rampant in the region with little effort from the state to curb or counter it. The laws that seek to regulate or prohibit such speech are vague, overly broad and riddled with inconsistencies. 

This session will provide an overview of the provisions relating to hate speech, misinformation and defamation in the region. Participants will understand the criticism against these laws and how they differ from international standards. Most importantly, efforts will be made to help identify and distinguish legitimate speech from prohibited speech. 

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Day 4, 23 September 2021

Session 7: Managing online spaces: Content moderation and intermediary liability 

Moderator: Pavitra Ramanujam
Time: 3:30 - 5:30 AM UTC

The private sector, and more specifically social media platforms, wield great power and decision making on what content gets to stay online and what is taken down. The increasing quantity and diversity of sources of online speech hosted by internet platforms coupled with the dangerous impact and consequences caused by the spread of misinformation and hate speech have led to a growing inclination among governments across the globe to demand more aggressive intervention by platforms in filtering the content they host. However, these moves have been challenged by experts as having a chilling effect on free speech, possibly amounting to censorship while also imposing unreasonable expectations on platforms. 

This session, which will be in the form of a panel discussion, will uncover the approach taken by countries and the private sector in the region to address content moderation and intermediary liability, covering regulatory tools used by governments, community standards established by private actors, jurisprudence laid down by courts, and concerns identified by scholars. The core objective of this session is for participants to unpack how individual rights and public interest are dealt with by platforms under the law.

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Session 8: Protecting the vulnerable: Special provisions for gender and marginalised groups 

Moderator: Gayatri Khandhadai
Time: 6:30 - 8:30 AM UTC

Law and policy making have disparate impacts on different groups, depending on axes such as gender, income, caste, disabilities and geography. These regulations can often determine the nature and extent to which communities and individuals influence and are impacted by policy making. These inequalities merit specific attention across the domains of technology policy – from digital access to protection of digital rights. This module will introduce these concepts in the context of Southeast Asia, with particular focus on gender as a cross-cutting theme across forms of inequality.

This unit, which will be in the form of a panel discussion, is designed to get participants familiar with special provisions that protect gender and vulnerable groups in ICT spaces and how these provisions may be used to target their agency, and to get participants to understand how a feminist and rights perspective could be used in the process of legal analysis. It will adopt a feminist lens to critique legal systems and jurisprudence that govern technology, while also discussing provisions that are designed to protect vulnerable groups from negative impact. The experiences of vulnerable groups as they adopt and resist technology and data systems will be highlighted. The session will also discuss the role of marginalised groups in policy making, including reimagining technology law and policy through feminist principles as they are mobilised to create alternative feminist realities.

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Day 5, 24 September 2021

Session 9: Generating new knowledge: Legal research methodology and process

Resource persons: Dhevy Sivaprakasam, Anna Bueno & Emilie Pradichit
Time: 3:30 - 5:30 AM UTC

Researching digital rights is often incomplete without addressing laws and policies that further exacerbate restrictive environments or fail in curbing violations. Despite strong constitutional guarantees in the region, we have witnessed monumental challenges in realising rights in online spaces. Sociological and intersectional approaches are essential in reflecting the human impact of laws and policies. Ethical research practices behind evidence-based credible research are critical for engaging in advocacy for changes in regulatory frameworks. 

This unit will seek to help participants unearth practices for developing a research process by addressing key issues around developing research questions, methods and ethical practices. The session will also provide an overview on collecting data and engaging in developing a narrative in the research. This will be followed by a breakout session where participants will hear from the developers of two key research projects on policies from the region discussing the process they followed and the challenges they faced. 

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Session 10: Spreading the message: Strategies on advocacy and communication

Resource persons: Edmund Bon, Nurina Savitri & Nalini Elumalai
Time: 6:30 - 8:30 AM UTC

Strategic advocacy with courts, legislatures and international forums have played an instrumental role in shaping the digital policy ecosystem, and in developing a free, open and rights-respecting internet. The success of strategic advocacy is contingent on the political and social set-up in each country, but common themes and tools apply across nations. It is essential therefore to hear from individuals who have been involved in campaigns, policy processes and strategic litigation across a variety of digital issues to gain different perspectives.

This unit will start with an overview of the different kinds of advocacy initiatives that groups have undertaken to effect changes in both enacted ICT laws and draft laws. Discussions will include addressing stakeholders and developing documents for the initiatives. Strategies for public campaigning and key considerations for engaging in strategic litigation will be shared. This will be followed by two breakout groups. One group will specifically look at how public campaigning can be developed, while the other group will dive into strategic policy advocacy targeting decision makers. 



🌟 Workshop Overview

💻 Zoom link to workshop and instructions to use zoom

Our Zoom space

Our workshop will take place at: https://apc-org.zoom.us/j/88118144206

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🌟 Workshop Overview

📝 Daily summaries

Summaries of each day's sessions will be shared here!

🌟 Workshop Overview

⌨️ Organisers' contact details

The Challenge team can be reached at challenge@apc.org!

💡 Workshop Sessions

💡 Workshop Sessions

Day 1️⃣ | Session 1: Law and Jurisprudence 101: Introduction and Basic Concepts

Date: Monday, 20 September 2021 [3:30 am - 5:30 am UTC]

Resource Person: Emerlynne Gil

Laws, and jurisprudence interpreting them, are critical to the study of any field. Understanding fundamental concepts of law and jurisprudence are essential for engaging in digital rights research and advocacy for all. This unit is an introductory session designed for participants, especially non-lawyers, to get a foundational understanding of how legal instruments, institutions and systems work. It aims to equip participants with fundamental skills and information needed to access the other sessions and navigate digital rights advocacy and policy work in their countries.

In this session, participants should aim to uncover debates around the nature of law, be able to distinguish between legal systems and institutions, appreciate core constitutional doctrines and synthesize various sources of law. This session will also help participants understand the analysis of legal provisions and jurisprudence with the help of tools, databases and methods to access them.

Key points of discussion:

Session exercise:

This session will have four breakout groups of 6 participants each, with two groups working on the same exercise. Groups will be pre-assigned by the organising team.

Exercise 1A: Groups 1 & 2: Understanding the legal systems in Southeast Asia

Groups 1 & 2 will be made up of persons from different countries. They will have preset questions about the legal systems and will share with each other answers. These will include questions on how a law gets made, courts’ power to declare a law illegal, whether a citizen can challenge a law and if international law is enforceable.

Group 1 Exercise Sheet

Group 2 Exercise Sheet

Exercise 1B: Groups 3 & 4: Understanding legal provisions 

Groups 3 & 4 will be made up of persons from different countries. The groups will each get two legal provisions. They will read the provision and discuss what that each provision means. They will also analyse what they like about the provision and what concerns they have about it.

Group 3 Exercise Sheet 

Group 4 Exercise Sheet

Reference materials:

Suggested readings:

  1. Oxford Library Guides 
  2. Types of Legal Systems, University of Ottawa
  3. Piotr Mikuli, Seperation of Power (March 2016)
  4. The Economist, What is the difference between common and civil law? (July 2013)
  5. What is public international law? How are monist and dualist systems different?
  6. Cornell Law School, Stare decisis
  7. Rod Hollier, The ultimate guide to the ratio decidendi and obiter dictum
  8. What is a constitution?
  9. Fundamental rights
  10. What are human rights and their instruments?

Additional readings:

  1. Zachary Holladay, Public interest litigation in India as a paradigm for developing nations
  2. International law in municipal frameworks
  3. Guide to statutory interpretation

📌 Session Presentation 

🔖 Read Day 1 Summary Here

💡 Workshop Sessions

Day 1️⃣ | Session 2: Introduction to ICT law ecosystem

Date: Monday, 20 September 2021 [6:30 am - 8:30 am UTC]

Resource Person:  Indri D. Saptaningrum

The last decade has seen a surge of legislation, policy instruments and jurisprudence in Southeast Asia. These developments will shape the future of the digital ecosystem both regionally and globally. These laws and regulations combined with other instruments dictate how ICTs are governed. This has tremendous implications on our rights. Therefore, this unit seeks to provide a high-level understanding of the legal ecosystem in Southeast Asia which regulates ICTs and user experience.  

The objective of this unit is to summarise regulations, including legislation and policies as applicable, used to govern different aspects of the internet and online experience. Participants will leave the session with an appreciation of the framework within which ICT laws are created, and the powers and processes that create them. They will also have a broad understanding of the common opportunities and challenges across sectors and countries as a result of these regulations.

Key points of discussion:

Session exercise:

This session will have four breakout groups of 6 participants each, with two groups working on the same exercise. Groups will be pre-assigned by the organising team. 

Exercise 2A: Groups 1 & 2: Understanding authorities that make ICT laws

Groups 1 & 2 will be made up of persons from different countries. Participants in these groups will list out the different authorities that make ICT law and regulations in their countries. They will give examples of the kinds of laws or regulations such authorities have created. The group will then talk about whether there are similarities in the authorities across different countries in the region and if they have had experience of interacting with these authorities.

Group 1 Exercise Sheet 

Group 2 Exercise Sheet

Exercise 2B: Groups 3 & 4: Understanding framework of laws that govern ICTs

Groups 3 & 4 will be made up of persons from different countries. Participants from each group will each list out the laws that they know of which regulate online spaces and ICTs. They will also list the areas that each of the laws touch upon. The group will discuss the list to see if they have similar or different ICT laws in their countries.

Group 3 Exercise Sheet 

Group 4 Exercise Sheet 

Reference materials:

  1. Table 3 - Laws governing the ICT ecosystem in Southeast Asian countries 
  2. Table 4 - Resources and databases on ICT and jurisprudence
  3. Table 5 - International human rights law landscape 

Suggested readings:

  1. The APC ICT Policy Handbook (Second Edition), Association for Progressive Communication
  2. Frank H. Easterbrook, Cyberspace and the Law of the Horse
  3. Tim Wu and Jack L. Goldsmith, Who controls the internet?
  4. How to find Digital Rights Laws on CYRILLA?
  5. United Nations resolutions, decisions and reports on human rights and technology

📌 Session Presentation 

🔖 Read Day 1 Summary Here

💡 Workshop Sessions

Day 2️⃣ | Session 3: Error 403: Access, telecom policy and network shutdowns

Date: Tuesday, 21 September 2021 [3:30 am - 5:30 am UTC]

Resource Persons:  Edmon Chung & Damar Juniarto

Access to the internet is intrinsic to exercising other rights. The digital divide between urban and rural areas has significantly impeded the ability of all people to tap the potential of ICTs. While most access to the internet has been provided by corporations, either state or privately owned, the space for democratizing ICT infrastructure is far from being realised in Southeast Asia. Nations, particularly emerging economies, rely on equitable access to digital infrastructure both for economic growth and welfare. To facilitate this, countries have instituted a variety of laws and policies that enable both private and public vendors to carry out these services, although some of these policies have been criticised for unduly disenfranchising communities who need it most. With the highest number of network shutdowns and significant gender-based digital divide, several sections of society remain discriminated against in being able to obtain meaningful access to the internet. However, there have been positive developments in the region, including recognition of access as a right and pronouncements that recognise the importance of access. 

The first part of this unit is designed to help understand meaningful access and the regulatory framework, including laws and policies, that enable access to the internet or connectivity. Participants will be exposed to international discussions and jurisprudence from the region that recognise the significance of access. The second part of the unit will focus on the unique problem of network shutdowns and its consequences. Participants will be familiarised with laws and regulations used to impose government-mandated disruptions of internet access. This part of the session will provide participants with a factual primer on network shutdowns to appreciate the legal challenges and evolving jurisprudence on the issue.

Key points of discussion on access and telecom infrastructure:

Key points of discussion on network shutdowns:

Reference materials:

  1. Table 3 - Laws and regulations governing the ICT ecosystem in Southeast Asian countries
  2. Table 4 - Resources and databases on ICT and jurisprudence
  3. Table 5 - International human rights law landscape

Suggested readings:

  1. APC, Redes A.C., Universidad Politécnica de Catalunya, Expanding the telecommunications operators ecosystem: Policy and regulatory guidelines to enable local operators (September 2020)
  2. Aayush Rathi, Arindrajit Basu and Anoushka Soni, Dialling in the Law: A comparative assessment of jurisprudence on internet shutdowns (November 2020)
  3. Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Ending Internet shutdowns: a path forward

Additional readings:

  1. Ritu Srivastava, Mapping the regulatory environment of community networks in India, Myanmar and Philippines (August 2019)
  2. [Podcast] Chips with Everything podcast, 2020, Turning off the internet, The Guardian

📌 Edmon Chung - Session Presentation 

📌 Damar Juniarto - Session Presentation

🔖 Read Day 2 Summary Here

💡 Workshop Sessions

Day 2️⃣ | Session 4: Under lock and key: Privacy, surveillance and data protection

Date: Tuesday, 21 September 2021 [6:30 am - 8:30 am UTC]

Resource Person:  Jam Jacob

Privacy and data protection have been recognised as two of the most important human rights in the digital age. Recent technological advances have changed the manner in which individuals interact with such a complex ecosystem. Nation states have launched mass surveillance programs that have unprecedented capability of recording information about citizens’ communication and activity. 

The objective of this unit is to summarise regulations pertaining to privacy, surveillance and data protection used to govern different aspects of the internet and online experience. This unit will identify the different facets of an individual’s privacy that are impacted in the digital age and map regulations that are intended to protect those rights. It will examine the impact of emerging technologies on decisional privacy by analysing the different forms of surveillance currently deployed in society and the legal frameworks enabling them. Since the increasing use of personal data in the ICT space warrants a closer look at the data protection legislations, we will look at the current level of protection offered by legislations and examine if they have been adapted to address the informational privacy harms arising out of the technological changes. 

Key points of discussion on privacy and surveillance:

Key points of discussion on data protection:

Session exercise:

This session will have four breakout groups of 6 participants each, with two groups working on the same exercise. 

Exercise 4A: Groups 1 & 2: Data protection law analysis

The groups will be made of persons from different countries, and each group will assume the role of law-makers! The groups will talk about the ideal components of a data protection legislation in their countries and come back with a list of things they will include and a list of things they will avoid in a data protection law. 

Group 1 Exercise Sheet 

Group 2 Exercise Sheet 

Exercise 4B: Groups 3 & 4: Surveillance law analysis 

The groups will be made of persons from different countries, and each group will assume the role of law-makers! The groups will talk about the ideal components of a surveillance regulation or legislation in their countries and come back with a list of things they will include and a list of things they will avoid in a surveillance law.

Group 3 Exercise Sheet 

Group 4 Exercise Sheet 

Reference materials:

  1. Table 3 - Laws and regulations governing the ICT ecosystem in Southeast Asian countries
  2. Table 4 - Resources and databases on ICT and jurisprudence 
  3. Table 5 - International human rights law landscape
  4. Table 2 - Constitutional guarantees 

Suggested readings:

  1. Graham Greenleaf, Global Data Privacy Laws 2021: Despite COVID Delays, 145 Laws shows GDPR Dominance
  2. Shoshana Zuboff, Surveillance, capitalism, VPRO Documentary
  3. General Data Protection Regulation
  4. OECD Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data 

Additional readings:

  1. APEC Privacy Framework
  2. The Fair Information Practice Principles 
  3. The failure of Fair Information Practice Principles
  4. Incompatible: The GDPR in the Age of Big Data 
  5. A critique of consent in Information Privacy 
  6. A Contextual Approach to Privacy Online

    📌 Session Presentation 

    🔖 Read Day 2 Summary Here

    💡 Workshop Sessions

    Day 3️⃣ | Session 5: Speaking up: Exploring SEA laws on protecting freedom of expression

    Date: Wednesday, 22 September 2021 [3:30 am - 5:30 am UTC]

    Resource Person: Wahyudi Djafar

    Freedom of expression is the bedrock of any democracy. In the current, polarized, political times, our communication and political conversations are increasingly shifting online. The internet is a critical enabler and a tool for citizens, activists and journalists to express themselves. It is therefore important to know the laws and regulations that protect our speech, and the laws and regulations that limit them. 

    Accordingly, this unit seeks to familiarize participants with the different laws protecting freedom of speech and expression across Southeast Asia, and the restrictions on freedom of expression that are common in these legal systems. The session will also look at the brief history of these laws and restrictions, and how they surface both off-line and on-line in contemporary times.

    Key points of discussion:

    Session exercise:

    This session will have four breakout groups of 6 participants each. Groups will be pre-assigned by the organising team. 

    Exercise 5: Groups 1-4: Understanding laws used to curtail freedom of expression

    The groups will be made of persons from different countries. Participants from each group will identify the most commonly used laws against freedom of expression, and discuss how these laws are used and the different concerns with how they are used.

    Group 1 Exercise Sheet 

    Group 2 Exercise Sheet 

    Group 3 Exercise Sheet 

    Group 4 Exercise Sheet 

    Reference materials:

    1. Table 3 - Laws and regulations governing the ICT ecosystem in Southeast Asian countries
    2. Table 4 - Resources and databases on ICT and jurisprudence
    3. Table 5 - International human rights law landscape 
    4. Table 2 - Constitutional guarantees 

    Additional references:

    1. Comparison of the Constitutional Guarantee of the Freedom of Expressions in the Southeast Asian Countries

    2. Comparison the Participation of Southeast Asian Countries in Human Rights Treaties and the Material of the Protection of Freedom of Expression

    3. Challenge of the Freedom of Expressions in Southeast Asia: Law Comparison

    4. Three Part Test of the Limitation of Freedom of Expressions

    Suggested readings:

    1. Unshackling expression, 2017 report, Unshackling Expression: A Study on Laws Criminalising Expression Online in Asia, GISWatch 2017 (Association for Progressive Communications)
    2. Unshackling Expression: the Philippines Report 2020 (Association for Progressive Communications)
    3. Dictating the Internet: Curtailing Free Expression, Opinion and Information Online in South east Asia, International Commission of Jurists
    4. Irine Putranto, Sharly Chan and Siena Anstis, On/offline: Multidimensional threats faced by the environmental human rights defender in South East Asia
    5. Klonick, Kate. 2018. “The New Governors: The People, Rules and Processes Governing Online Speech.” Harvard Law Review 131: 73.
    6. Wired.com, The Quest to Topple Science-Stymying Academic Paywalls (April 2019)
    7. Columbia Journalism Review, Infection and Repression (September 2020)

    📌 Session Presentation 

    🔖 Read Day 3 Summary Here

    💡 Workshop Sessions

    Day 3️⃣ | Session 6: Unpacking hate speech, defamation and misinformation

    Date: Wednesday, 22 September 2021 [6:30 am - 8:30 am UTC]

    Resource Person: Herlambang Wiratraman

    Limitations to freedom of expression have been difficult to define in precise terms given that a lot hinges on context. This has often become an excuse for unwarranted action and censorship against inconvenient speech in the name of misinformation and national security. On the other hand, hate speech has become rampant in the region with little efforts from the state to curb or counter it. The laws that seek to regulate or prohibit such speech are vague, over broad and riddled with inconsistencies. 

    This session will provide an overview of the provisions relating to hate speech, defamation, misinformation and national security in the region. Participants will understand the criticism against these laws and how they differ from international standards. Most importantly, efforts will be made to help identify and distinguish legitimate speech from prohibited speech. 

    Key points for discussion:

    Session Exercise:

    This session will have six breakout groups of 4 participants each, with two groups working on the same exercise. 

    Exercise 6A: Groups 1& 2: Hate speech 

    Participants will be provided a series of different statements and asked to discuss if they think what is displayed meets the threshold of hate speech. The groups will discuss within themselves for both sides of the argument for each series of statements. 

    Group 1 Exercise Sheet 

    Group 2 Exercise Sheet 

    Exercise 6B: Groups 3 & 4: Defamation

    Participants will be provided a series of different statements and asked to discuss if they think what is displayed meets the threshold of defamation. The groups will discuss within themselves for both sides of the argument for each series of statements. 

    Group 3 Exercise Sheet 

    Group 4 Exercise Sheet 

    Exercise 6C: Groups 5 & 6: Misinformation 

    Participants will be provided a series of different statements and asked to discuss if they think what is displayed meets the threshold of misinformation. The groups will discuss within themselves for both sides of the argument for each series of statements.

    Group 5 Exercise Sheet 

    Group 6 Exercise Sheet

    Reference materials:

    1. Table 3 - Laws and regulations governing the ICT ecosystem in Southeast Asian countries
    2. Table 4 - Resources and databases on ICT and jurisprudence 
    3. Table 5 - International human rights law landscape 
    4. Table 2 - Constitutional guarantees 

    Suggested readings:

    1. Gayathry Venkiteswaran, “Let the mob do the job”: How proponents of hatred are threatening freedom of expression and religion online in Asia (September 2017)
    2. Unshackling expression, 2017 report, Unshackling Expression: A Study on Laws Criminalising Expression Online in Asia, GISWatch 2017 (Association for Progressive Communications)
    3. Unshackling Expression: the Philippines Report 2020 (Association for Progressive Communications)
    4. International Press Institute, Rush to pass ‘fake news’ laws during Covid-19 intensifying global media freedom challenges (October 2020)

    📌 Session Presentation 

    🔖 Read Day 3 Summary Here

    💡 Workshop Sessions

    Day 4️⃣ | Session 7: Managing online spaces: Content moderation and intermediary liability

    Date: Thursday, 23 September 2021 [3:30 am - 5:30 am UTC]

    Panel 

    The private sector, and more specifically social media platforms wield great power and decision making on what content gets to stay online and what is taken down. The increasing quantity and diversity of sources of online speech hosted by internet platforms coupled with the dangerous impact and consequences caused by the spread of misinformation and hate speech has led to a growing inclination among governments across the globe to demand more aggressive intervention in filtering the content they host. However, these moves have been challenged by experts as having a chilling effect on free speech, possibly amounting to censorship while also imposing unreasonable expectations on platforms. 

    This session, which will be in the form of a panel discussion, will uncover the approach taken by countries and the private sector in the region to content moderation and intermediary liability covering regulatory tools used by governments, community standards established by private actors, jurisprudence laid down by courts, and concerns identified by scholars. The core objective of this session is for participants to unpack how individual rights and public interest are dealt with by platforms under the law.

    Key points of discussion:

    Reference Materials:

    1. Table 3 - Laws and regulations governing the ICT ecosystem in Southeast Asian countries
    2. Table 4 - Resources and databases on ICT and jurisprudence 
    3. Table 5 - International human rights law landscape 

    Suggested readings:

    1. Association for Progressive Communications, APC policy explainer: Platform Responsibility and Accountability (November 2020)
    2. Global Network Initiative, Addressing Digital Harms AND Protecting Human Rights — GNI Shares Recommendations for Policymakers
    3. APC, Reorienting rules for rights: A summary of the report on online content regulation by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
    4. Manila Principles on Intermediary Liability 
    5. Santa Clara Principles on Transparency and Accountability in Content Moderation
    6. UN Guiding Principles on Business and Human Rights
    7. Asia Pacific Survey on Fake News and Intermediary Liability
    8. AIC Releases Toolkit on Addressing Online Misinformation Through Legislation – POFMA

    Additional readings:

    1. Comparative Analysis of National Approaches of the Liability of the Internet Intermediaries: Malaysia
    2. Roberts, Sarah T. 2017. “Content Moderation” edited by L. A. Schintler and C. L. McNeely. Encyclopedia of Big Data.
    3. Matias, J. Nathan. 2019. “The Civic Labor of Volunteer Moderators Online.” Social Media & Society 5(2):205630511983677.
    4. Jeong, Sarah. 2016. “The History of Twitter’s Rules.” Motherboard / Vice, January 14.
    5. Newton, Casey. 2019. “Bodies in seats”/  The Verge, June 19
    6. The Ringer, The BTS Army and the Transformative Power of Fandom As Activism (June 2020)

    📌 Presentation - Jeff Paine

    📌 Presentation - Victoire Rio

    📌 Presentation - Katherine Chen

    🔖 Read Day 4 Summary Here

    💡 Workshop Sessions

    Day 4️⃣ | Session 8: Protecting the vulnerable: Special provisions for gender and marginalised groups

    Date: Thursday, 23 September 2021 [6:30 am - 8:30 am UTC]

    Panel Discussion

    Law and policy making have disparate impacts on different groups, depending on axes such as gender, income, caste, disabilities and geography. These regulations can often determine the nature and extent to which communities and individuals influence and are impacted by policy making. These inequalities merit specific attention across the domains of technology policy – from digital access to protection of digital rights. This module will introduce these concepts in the context of Southeast Asia, with particular focus on gender as a cross-cutting theme across forms of inequality.

    This unit, which will be in the form of a panel discussion, is designed to get participants familiar with special provisions that protect gender and vulnerable groups in the ICT spaces, how these provisions may be used to target their agency and to get participants to understand how a feminist and rights perspective could be used in the process of legal analysis.  It will adopt a feminist lens to critique legal systems and jurisprudence that govern technology, while also discussing provisions that are designed to protect vulnerable groups from negative impact. The experiences of vulnerable groups as they adopt and resist technology and data systems will be highlighted. The session will also discuss the role of marginalised groups in policy making, including reimagining technology law and policy through feminist principles as they are mobilised to create alternative feminist realities.

    Key points of discussion:

    1. Broadly, who are the vulnerable groups in Southeast Asia?
    2. What special laws or provisions addressing gender and vulnerable groups are applicable to ICT spaces?
    3. How are broad ICT regulations impacting gender and vulnerable groups?
    4. Are perspectives of vulnerable groups taken into account in policy making?
    5. Key jurisprudence on the issue from the region

    Reference materials:

    1. Table 3 - Laws and regulations governing the ICT ecosystem in Southeast Asian countries
    2. Table 4 - Resources and databases on ICT and jurisprudence 
    3. Table 5 - International human rights law landscape 
    4. Table 2 - Constitutional guarantees 

    Suggested readings:

    1. Association for Progressive Communications, Feminist Principles of the Internet - Version 2.0 (August 2016)
    2. Dr. Anja Kovacs, Gendering Surveillance: An Introduction (February 2017)
    3. ​Report of the Office of the United Nations High Commissioner for Human Rights on ways to bridge the gender digital divide from a human rights perspective
    4. UN Women, 2020, Online violence against women in Asia: a multi-country study
    5. Gender Digital Equality Across ASEAN, ERIA Discussion Paper Series
    6. Is access real?

    📌 Presentation Slide - Lisa

    📌 Presentation Slide - Biplabi

    📌 Presentation Slide - Siti and Nathania

    🔖 Read Day 4 Summary Here

    💡 Workshop Sessions

    Day 5️⃣ | Session 9: Generating new knowledge: Legal research methodology and process

    Date: Friday, 24 September 2021 [3:30 am - 5:30 am UTC]

    Resource Persons: Dhevy Sivaprakasam, Anna Bueno & Emilie Pradichit

    Researching digital rights is often incomplete without addressing laws and policies that further restrictive environments or fail in curbing violations. Despite strong constitutional guarantees in the region, we have witnessed monumental challenges in realising rights in online spaces. Sociological and intersectional approaches are essential in reflecting the human impact of laws and policies. Ethical research practices behind evidence-based credible research are critical for engaging in advocacy for changes in regulatory framework. 

    This unit will seek to help participants unearth practices for developing a research process by addressing key issues around developing research questions, methods and ethical practices. The session will also provide an overview on collecting data and engaging in developing a narrative in the research. This will be followed by a break-out session where participants will hear from the developers of two key researches on policies from the region discussing the process and challenges they faced. 

    Key points of overall discussion:

    Session breakout:

    This session will have two breakout groups of 12 participants each. 

    Each breakout group will consist of an interview lead by the organisers with an established researcher who will speak to the group about a legal research that they have undertaken in the past, including how they framed the research questions, the kind of research methodology that they undertook, their approach to data collection and principles of carrying out ethical research.

    Reference materials:

    1. Table 4 - Resources and databases on ICT and jurisprudence
    2. Table 6 - Resources for referencing

    Suggested readings:

    1. De Nardis et al, Researching internet governance: methods, frameworks, futures (2020)
    2. Jessica Dheere, A methodology for mapping the emerging legal landscapes for human rights in the digitally networked sphere (2017)
    3. Marsha L. Baum, Ten tips for moving beyond the brick wall in the legal research process (2001)
    4. Unshackling Expression: the Philippines Report 2020 (Association for Progressive Communications)

    Additional readings:

    1. George Orwell, Politics and the English Language
    2. Strunk, The Elements of Style
    3. ICT law analysis workbook
    4. Jurisprudence analysis workbook

    📌 Emilie - Session Presentation 

    🔖 Read Day 5 Summary Here

    💡 Workshop Sessions

    Day 5️⃣ | Session 10: Spreading the message: Strategies on advocacy and communication

    Date: Friday, 24 September 2021 [6:30 am - 8:30 am UTC]

    Resource Persons: Edmund Bon, Nurina Savitri & Nalini Elumalai

    Strategic advocacy with courts, legislatures and international forums have played an instrumental role in shaping the digital policy ecosystem, and in developing a free, open and rights-respecting internet. The success of strategic advocacy is contingent on the political and social set-up in each country, but common themes and tools apply across nations. It is essential therefore to hear from individuals who have been involved in campaigns, policy processes and strategic litigation across a variety of digital issues to gain different perspectives.

    This unit will start with an overview of the different kinds of advocacy initiatives that groups have undertaken to effect changes in both enacted ICT laws and draft laws. Discussions will include addressing stakeholders and developing documents for the initiatives. Strategies for public campaigning and key considerations for engaging in strategic litigation will be shared. This will be followed by two breakout groups. One group will specifically look at how public campaigning can be developed, while the other group will dive into strategic policy advocacy targeting decision makers. 

    Key points of discussion main session (45 minutes):

    Session exercise:

    This session will have two breakout groups of 12 participants each. 

    Breakout room 1: Policy advocacy

    There will be presentation on policy advocacy aimed at decision makers, including the how to begin advocacy, identifying stakeholders, preparation of documents etc. This will be followed by an exercise for participants.

    Exercise 10A: Group 1: Developing a policy advocacy strategy

    The group will brainstorm about what is needed for carrying out policy advocacy directed towards decision makers on a particular ICT law or policy.

    Group 1 Exercise sheet 

    Breakout room 2: Public advocacy 

    There will be a presentation on how to develop and run a public campaign, including the various steps involved in planning, target audience, key messaging etc. This will be followed by an exercise for participants.

    Exercise 10B: Group 2: Developing a public campaign 

    This group will discuss the different steps involved in developing and implementing a public or social media campaign for an anti-fake news law to bring awareness to that particular law.

    Group 2 Exercise sheet 

    Reference materials:

    1. Table 7 - Map on UN spaces for advocacy
    2. Table 8 - Map of UNHRC spaces
    3. Table 9 - Status of ratifications and reservations

    Suggested readings:

    1. APC, The APC ICT Policy Handbook (Second Edition)
    2. Eóin Young & Lisa Quinn, Making Research Evidence Matter: A Guide to Policy Advocacy in Transition Countries 
    3. ISHR Academy, Risks in Engaging with the UN
    4. Activating Malaysians - The D-I-Y Toolkit 
    5. Strategic litigation training for lawyers: A facilitator's manual

    Additional Readings 

    1. APC, APC Internet Rights Charter 
    2. Johanna Eve Simeant, Interpreting the Rise of International “Advocacy”
    3. Shannon O'Connell, Policy Development and Policy Advocacy 

    📌 Presentation Slide - Edmon Bon

    📌 Presentation Slide - Nalini

    🔖 Read Day 5 Summary Here

    🔊 Workshop policies & governing rules

    🔊 Workshop policies & governing rules

    Code of conduct and principles of participation

    The Association for Progressive Communications is committed to providing a safe and welcoming environment for discussing issues related to its community. The APC Community comprises members of the network, all APC staff and team and its larger network of partners, friends and allies. 

    The code of conduct and ground rules apply to this meeting, all APC hosted events, conference-related social events, such as parties or gatherings at restaurants or bars and spaces, and includes our mailing lists, wikis, platforms, websites and any other spaces that APC hosts, both online and off. Participants are responsible for knowing and abiding by these guidelines. In this event, the code applies to anyone who is part of the event, which includes organisers, resource persons, participants and performers. 

    All APC meetings, virtual and physical meetings, are intended to be SAFE spaces and we ask participants to be guided by the following:

    |Be respectful

    |Listen actively

    |Be respectful of others’ views even when you disagree

    |Be collaborative

    |Recognise diversity

    |Respect privacy of participants

    |Ask for consent for photography, audio-visual recordings or quotes

    |Be aware of language diversity

    |Handle disagreement constructively

    |Act fairly, honestly, and in good faith with other participants

    It is vital that discussions include and acknowledge a diversity of opinions and experiences, and that the community does not tolerate harassment of any kind. 

    We expect the members of the APC community to treat one another with respect and to acknowledge that everyone can make a valuable contribution. We may not always agree, but the space and conversation must always have openness to positions that may not be aligned or in agreement. Frustration cannot turn into a personal attack. It's important to remember that a community where people feel uncomfortable or threatened is not a productive one, and that the meeting conduct and ground rules are anchored in the APC values we have all committed to uphold. It is our collective responsibility to ensure that we create a safe, creative, productive and welcoming space that can hold us in all of our diversity.

    We will take action in response to harassment related to gender, gender identity and expression, sexual orientation, disability, physical appearance, body size, race, nationality, caste, ethnicity or religion. APC does not tolerate harassment of participants in any form.

    Definitions

    Harassment

    includes, but is not limited to:

    Sexual harassment

    is a broad term. For the purposes of this event it is defined as:

    Any unwelcome sexual advance in the form of words, images, gestures or physical contact in physical, digital or communication spaces which may reasonably be expected, or be perceived,  to cause distress, intimidation, fear, humiliation, or harm to another. The term also covers any request for a sexual favour, or a threat  of a sexual  nature.  Sexual  harassment  may  occur in any space, including the workplace. This includes activities of face-to-face meetings, virtual meetings and digital communication of all kinds. It can be a one-time incident or a series of incidents. Sexual harassment may be unintended, deliberate, or coercive. Sexual harassment may occur both within formal working hours and spaces, and outside these. Men, women, transitioning and transgender individuals may be victims or offenders.

    Sexual harassment may result in discrimination, and it may create a hostile working environment. Other forms of behaviour which cause discrimination, fear, and/or a hostile working environment may be implicated in sexual harassment, such as harassment based on race, gender, sexuality, national origin, physical appearance, age, ancestry, disability, economic disparity, nationality, or religious or spiritual beliefs. APC recognises that APC's staff members, partners and event participants are from diverse contexts, and that sexual harassment experiences are embedded within the cultural, social, historical and personal contexts.

    Sexual harassment should not be confused with unintentional careless communication in a diverse working environment, or with our efforts to create  a working culture  which  is open to conversations on sexuality and human rights.

    We understand that the impact of sexual harassment on APC's working culture can be highly destructive,  and we understand  the harmful impact of sexual harassment on any person’s work, mind and body.

    Examples of sexual harassment include (but are not limited to):

    If you believe you have been harassed, or notice that someone else is being harassed, or have any other concerns, you are encouraged to raise your concerns in confidence to the Event Incidents Team.

    APC commits that each case will be considered, and concrete actions will be taken as appropriate.

    Please refer to APC’s sexual harassment policy for how APC responds to sexual harassment.

     

    Code of Conduct and Anti-Harassment Policy Response Process

    If you are being harassed by a member of the community or a participant or organiser at the conference, or have any other concerns, please contact a member of the Event Incidents Team.

    When a complaint is made or an incident occurs that breaches this code, the Event Incidents Team will confidentially review and respond to any participant who has experienced harassment or inappropriate behavior.

    If the person who is harassing you is on the Event Incidents Team, they will recuse themselves from handling your incident. If the person who is harassing you is a member of the organising team, they will not receive differential treatment than any other participant in the handling of the complaint.

    We will try to respond as promptly to complaints as we can. These steps will be taken once you make a complaint:

    1. One or more members of the Event Incidents team will discuss the issue with you.
    2. They may take notes, with your consent, of what you say.
    3. One or more members of the Events Incidents team will separately speak with the person(s) against whom the complaint is lodged.
    4. The process will involve attaining resolution while ensuring safety, dignity and respect for everyone involved.

    If a participant engages in harassing behavior, the Response Team may take any action they deem appropriate, up to and including expulsion from all APC spaces during the event, and identification of the participant as a harasser to other APC members or the general public. The Event Incidents team will prioritise marginalised people’s safety over privileged people’s comfort.

    Any member of the Event Incidents Team can be contacted with any questions or concerns participants may have throughout the duration of an APC event. Anonymous complaints can be reported to the team on Telegram or submitted via email.

    👤 Resource persons' profiles

    👤 Resource persons' profiles

    Session 1: Law and Jurisprudence 101: Introduction and Basic Concepts

    Emerlynne Gil

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    Twitter handle: https://twitter.com/EmerlynneGil 

    👤 Resource persons' profiles

    Session 2: Introduction to ICT law ecosystem

    Indri D. Saptaningrum

    INDRI D SAPTANINGRUM.png 
    👤 Resource persons' profiles

    Session 3: Error 403: Access, telecom policy and network shutdowns

    Damar Juniarto

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    Twitter handle: https://twitter.com/DamarJuniarto

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    Edmon Chung

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    Twitter handle: https://twitter.com/edmonchung

    👤 Resource persons' profiles

    Session 4: Under lock and key: Privacy, surveillance and data protection

    Jam Jacob

    Jam Jacob.jpg

    Twitter handle: https://twitter.com/jamjacob 

    👤 Resource persons' profiles

    Session 5: Speaking up: Exploring SEA laws on protecting freedom of expression

    Wahyudi Djafar

    Wahyudi Djafar.jpg

    Twitter handle: https://twitter.com/wahyudidjafar

    👤 Resource persons' profiles

    Session 6: Unpacking hate speech, defamation and misinformation

    Herlambang P. Wiratraman

    Herlambang P Wiratraman.jpg
    👤 Resource persons' profiles

    Session 7: Managing online spaces: Content moderation and intermediary liability | Panel

    Katherine Chen

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    Twitter handle: https://twitter.com/kynchen

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    Victoire Rio

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    Twitter handle: https://twitter.com/riovictoire

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    Michael Caster

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    Twitter handle: https://twitter.com/michaelcaster 

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    Jeff Paine

    Jeff Paine.jpg
    👤 Resource persons' profiles

    Session 8: Protecting the vulnerable: Special provisions for gender and marginalised groups | Panel

    Lisa Garcia

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    Twitter handle: https://twitter.com/li_saga

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    Siti Mazumah

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    Nathania Theora

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    Biplabi Shrestha

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    👤 Resource persons' profiles

    Session 9: Generating new knowledge: Legal research methodology and process

    Dhevy Sivaprakasam

    Dhevy Sivaprakasam.jpg

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    Anna Margarita Bueno

    Anna Bueno.jpg

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    Emilie Pradichit

    Emilie Pradichi.jpg

    Twitter handle: https://twitter.com/EmiliePradichit

    👤 Resource persons' profiles

    Session 10: Spreading the message: Strategies on advocacy and communication

    Edmund Bon

    Edmund Bon.jpg

    Twitter handle: https://twitter.com/edmundbon

    ------------------------------------------------------------------------------------------------------------

    Nalini Elumalai

    Nalini Elumalai.jpg

    Twitter handle: https://twitter.com/nalinielumalai

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    Nurina Savitri

    Nurina Savitri.jpg

     

    🎧 Workshop playlist

    🎧 Workshop playlist

    🎸 Spotify Playlist

    This is a collaborative playlist and everyone is welcome to send us the songs. 😊

    https://open.spotify.com/playlist/6SgtfXKfDmJ49YYJBQqKvf?si=78d760d6885948f3

    🤩 Memes Collection

    peepoPoint

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