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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:

  • What are the key laws that impact and regulate internet functionality?
  • What other instruments are used? 
  • What is the relationship of these instruments to the different laws?
  • Who is responsible for enacting the different instruments and how can we engage with them?
  • What are the broad kinds of problems with these laws and instruments for users?
  • How do laws enter the internet governance ecosystem?

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